BY: MERU, 2X ANDREW, AND ANUDEEP

LOSS OF RIGHTS FOR THE MAORI OF

NZ.
LOSS OF:

LEGAL RIGHTS TO NATURAL

RESOURCES
INTRO TO LEGAL RIGHTS TO NATURAL RESOURCES

The social, demographic, ecological, economic,

and political conditions created by global society
toward the end of this century have placed
unprecedented pressure on natural resources.

The privatisation of natural resources and social

services has created conditions that have a strong
impact on less privileged groups.

It is becoming increasingly difficult for indigenous

groups to reach to a minimum level of sustenance.
 LEGAL RECOGNITION OF
RIGHTS
Responses to the loss of rights is extremely varied.

POSITIVE RESPONSE - RESOURCE MANAGEMENT

ACT 1991: section 6 (e) - recognise and provide for the
Maori relationship with water as a matter of national
importance.
Further: Reallocation of resources from subsidised
mining/agricultural industries therefore reducing the
incentive to destroy non-renewable resources for
personal gain.
Benefits indigenous due to decreased depletion of
natural resources.
This piece of legislation has given legal recognition to
the rights.
Official emblem of Resource Management Act
 NZ AND ITS COURTS

McGuire v Hasting District Council [2002] NSLR

acknowledged that "priority of the Maori's relationship to natural

resources over agricultural use".

Sets precedent to importance of Maori's legal connection to

natural resources.
 THE MEDIA AS A RESPONSE

In regards to tension between mining companies who

aimed to mine and destroy Maori lands and the
Maoris rights to natural resources, the NZ courts
failed to provide justice.

This led to many groups relying upon social media to

gain considerable awareness of the issue and to
conduct protests such as those listed below.

Due to mass protests, the issue gained interest in

NZs mainstream news, thus creating awareness
about the issue to a larger audience. News channels
repeatedly displayed the detrimental consequences
the Maori have experienced as a result of agricultural
and mining companies destroying natural resources

Led to the creation of the Coal Mines Amendment Act

2007: Reduced the intergenerational impact of mining
by placing a cap on total carbon emissions.
 NZ AND ITS COURTS

NEGATIVE RESPONSE: Jones v Davids [2000]

Jones = Maori Davids = mining company representative

Davids aimed to facilitate mining services in maori area. Jones appealed

attempting to prevent the miners from damaging their natural resources.

However due to the high economic benefits New Zealand would've

experienced, the appeals claims were rejected highlighting the loss of Maori
rights to natural resources (the economic gain outweighed the social loss of a
destruction of spiritual connection), leaving the Maori's with no compensation
LOSS OF:

CULTURAL RIGHTS
B U T W A I T A
M I N U T E
D I D U S E E T H A T
 INTRO TO CULTURAL RIGHTS

Maori culture refers to : Artworks, Symbols (e.g. strength,

love and friendship symbols), Songs, and Dance

It is of significance to Maori people to preserve and

continue their indigenous culture.

Challenges of protecting cultural rights of indigenous

people include the preservation of the cultural identity
and traditional knowledge. This is has generated
considerable discussion over the years.
 THE UNITED NATIONS AS A RESPONSE

In 2012, 23 representatives for indigenous people in New Zealand were selected to

participate in the UNs Indigenous Fellowship program.

AIM: To empower indigenous representatives and their communities by strengthening their

knowledge of the UN human rights system and at building their capacity so they are better
equipped to promote and protect the rights of their respective indigenous communities at the
international level.

244 Maori indigenous men and women participated in the Indigenous Fellowship Program
from 1997 to 2012.
 NON LEGAL ORGANISATIONS

We need permanent protection of our language, but

cultural laws are insufficient in this regard. Carwyn
Jones, a member of the Maori nation in New Zealand.

Revitalising the Mori language is an important issue for

Maori people, who have faced debilitating policies that
hinder the ability of new generations to access their
culture.

A response to the issue has been the creation of early

childhood language learning called Kohanga Reo.

These are centres which teach the native languages of the

Maori, taught by Maori elders through word of mouth.

The creator of the program, Carwyn Jones, believes that

engaging young people in his community is a way to
ensure that the struggle for Mori rights is kept alive. This
has motivated many people to take the conversation to the
wider Mori community.

ISSUE: Too expensive to run forever; need support from

government
LOSS OF:

LAND RIGHTS
 INTRO TO LAND RIGHTS

As European Settlers came into contact with the First Nation people
of New Zealand deals upon claims of land and its economic value
began.

Unaware of the westernised conception of a sale the nave

indigenous population offered their land for the foreign goods and
services hoping that there land right As such as cultivation of land
for goods and services would be preserved, and believed their
spiritual and cultural rights in respect to the land were intact and to
a great extent they had open access to it.

The practice of purchasing land rapidly increased to a point where

Europeans claimed to have absolute ownership over 27 million
Hectares of land. There were discrepancies between what the
Maoris thought was happening and what was actually happening.
 LEGAL RESPONSE: TREATY OF
WAITANGI

1840

Acted as a tool which initiated revision

over the full and exclusive possession
of land claimed by Europeans

Established that the power to consult

and purchase land from the
Indigenous population laid in the
hands of the Crown

Effective as:
Indigenous Population was free from
exploitation
Ensured the fair and valid purchase
of land
 LEGAL RESPONSE: LAND CLAIMS
COMMISSION

Investigated the wider array of

land purchases/transactions
which had taken place before
1840

Was monitored by two Chief

Land Claim Officers
Investigated 1100 claims

Out of 2.2 million acres of land

within the northern region of
New Zealand only 500000 was
genuinely sold and obtained
legally
 NON LEGAL RESPONSE: CULTURAL
DISCONNECT BEHIND MAORI SUICIDES
MASSEY UNIVERSITY STUDY 2006
Study established an intricate link between the
high rates of Maori Suicide and attempted suicide Highlighted that there is an omission of
with the dispossession of land.
In 2001 it was recorded that Maori Males had a
34% higher suicide rate in comparison to non-
Maori Males
Within the same year it was recorded that Maori
women were recorded to have a 142 percent
higher suicide rate relative to the non-Maori
women.
Report also highlighted the racism and negative
stereotypes which are pressed upon the
population of Maori.
international obligation to CROC The
concept of kin and large scale relationships
have been eradicated through the absolute
government of land.
The statements Teachers, through the
control over the curriculum and pedagogy,
have traditionally denied the authenticity of
Maori experience and voice and Maori
children are not being successfully taught,
and for that reason alone, quite apart from
their duty to protect the Mori way establish
the severity of the problem.
 Highlighted that there is an omission of i
CROC The concept of kin and large s
been eradicated through the absolute go
The statements Teachers, through the c
curriculum and pedagogy, have tradition
authenticity of Maori experience and voic
are not being successfully taught, and fo
quite apart from their duty to protect the
 NEGATIVE RESPONSE: SEABED ACT
2004

Seabed Act 2004 has allowed the

extinguishment of Maori Aboriginal Title
being claimed upon seabed areas and
was passed although the large scale
criticism it got from the Maori Opposition.

o This raises a good point upon the

point of Sovereignty

o This is the greatest impediments

upon the protection of land rights in
favour of Maori People

o A governments decision overrides

all international obligations
LOSS OF:

INTELLECTUAL PROPERTY
RIGHTS
 STATE SOVEREIGNTY SHIZZZ

Mataatua Declaration on Cultural and Intellectual Property Rights of Indigenous Peoples,

June, 1993 : On 18 June 1993, 150 delegates from fourteen countries, including
indigenous representatives from Japan, Australia, and New Zealand met at Whakatane in
New Zealand. The assembly affirmed Indigenous peoples' knowledge is of benefit to all
humanity; recognised Indigenous peoples are willing to offer their knowledge to all
humanity provided their fundamental rights to define and control this knowledge is
protected by the international community; insisted the first beneficiaries of Indigenous
knowledge must be the direct Indigenous descendants of such knowledge; and declared all
forms of exploitation of Indigenous knowledge must cease. [16

UNDRIP: Article 31: Indigenous peoples have the right to maintain, control, protect and
develop their cultural heritage, traditional knowledge and traditional cultural expressions, as
well as the manifestations of their sciences, technologies and cultures, including human
and genetic resources, seeds, medicines, knowledge of the properties of fauna and flora,
oral traditions, literatures, designs, sports and traditional games and visual and performing
arts.
 MAORI ADVISORY COMMITTEE

A Mori Advisory Commitee for patents was set up by the

Commissioner of Patents under the Patents Act 2013 to advise the
Commissioner on whether an invention claimed in a patent application
is derived from Mori traditional knowledge or from indigenous plants
or animals (s225-228), and if so, whether commercial exploitation of
that invention is likely to be contrary to Mori values.

Recognising Maori Intellectual Property:

A. Certain Mori words, expressions, performances, images, places, and

things have special social, cultural and spiritual significance or
meaning for Mori. There are many cases where it would not be
appropriate to copy or use a Mori cultural element, especially a
traditional one.

B. The hei tiki is one of New Zealands most familiar, popular and
recognisable Mori symbols. The hei tiki is a small, carved ornament,
usually of greenstone, worn suspended from the neck. Hei tiki is
culturally significant, as it represents the unborn child and is
associated with Hineteiwaiwa, the Mori goddess of childbirth. Using
hei tiki for particular products or services may be offensive to Mori.
This can be raised as an objection against an application for a New
Zealand trade mark or design, and may impact market sales.
 KA MATE HAKA

Between 1998 and 2006, the Ngati Toa iwi attempted to

trademark the Ka Mate haka and to forbid its use by
commercial organisations without their permission.

The Intellectual Property Office of New Zealand turned their

claim down in 2006, since Ka Mate had achieved wide
recognition in New Zealand and abroad as representing New
Zealand as a whole and not a particular trader.

When Ngati Toa authorities were asked for evidence that Ka

Mate was of Ngati Toa authorship, they were unable to
provide any

In 2009, as a part of a wider settlement of grievances, the

New Zealand government agreed to address their concerns..
[but will not provide any royalties for the use of Ka Mate.

CHANGING VALUES: The Haka Ka Mate Attribution Act

2014 was passed, which provides a right of attribution to
Ngti Toa in respect of the haka Ka Mate. Any person who
publishes, broadcasts or shows a lm in public featuring Ka
Mate must attribute it to Te Rauparaha and Ngti Toa
Rangatira.
 There are some aspects of mtauranga Mori,
such as traditional knowledge, that are difficult
to protect using registered intellectual property
rights. For example, to be registered or
granted, a design or a patent must be new
and original, but inventions derived from
traditional knowledge may have developed
over centuries. Also, most intellectual property
rights are owned by individuals or a
commercial business, while traditional
knowledge belongs to a collective group.
THE END BUT WAIT
ONE MINUTE SILENCE FOR THE FALLEN PRINCE
#RIPINPEACE
THE END