Te Kaitiakitanga o Nga Korero me Nga Matauranga o Nga Tipuna o roto i te Taraipiunera me te Kooti

Whenua MaoriThe Guardianship of Traditional Knowledge

in the Waitangi Tribunal and Maori Land Court, New Zealand

Waitangi Tribunal

• A tribunal to inquire into the claims by:– a Maori or groups of Maori

– that the Crown has breached the principles of the Treaty of Waitangi

– and has thereby caused prejudice to the claimant

Waitangi Tribunal

• Treaty of Waitangi – between British Crown (now NZ) and Maori in 1840

• 2 versions• 3 articles –– Kawanatanga/governorship to the Crown– tino rangatiratanga/highest authority to Maori

over their land, fisheries, forests and all their precious treasures

– Maori to have citizenship rights of British subjects

Waitangi Tribunal

• Constituted in 1975 to hear contemporary claims - that Crown is in breach in modern times

• In 1985 jurisdiction extended for claims back to 1840 (historical claims)

• Principles of Treaty – partnership, protection participation, good faith, loyalty and others

Waitangi Tribunal

• Deadline for filing historical claims – 1st September 2008

• 2157 claims • Total claims received since 1975 – 3500 approx• Number of tribunal reports – 114• Covering issues such as confiscation of land,

suppression/destruction of culture and language, destruction of environment, broadcasting, etc

Waitangi Tribunal

• Hears evidence and submissions• Makes findings as to breach • Recommends negotiations with

Crown• Sometimes makes specific

recommendations

Waitangi Tribunal

Inquiry

Tribunal• Website – www.waitangi-tribunal.govt.nz• Includes links to research resources and Tribunal

reports• Has a research unit which will undertake research

for the Tribunal – documentary sources• Tribunal commissions research from experts –

includes research into traditional knowledge• All research reports and evidence kept in Tribunal

archives – accessible at Tribunal office in Wellington.

Crown Forestry Rental Trust(CFRT)Office of Treaty Settlements (OTS)

• Set up as part of a settlement with Maori in respect of Crown-owned forests

• Also commissions research, pays costs associated with claim research, meetings (hui) of claimants and settlement negotiations.

• Funds a lot of oral traditional research and claimants’ own research

• OTS commissions research for Crown

Other Archives

• Archives New Zealand – Wellington. Heavily used by treaty claims researchers

• Land Information New Zealand – title and survey information

• Journal of House of Representatives• Libraries and museums – New Zealand or

Maori research collections• Maori Land Court

Nga Korero Tuku Iho

• Tribunal hearings can be in marae/ ancestral meeting houses situated on reserved land, but also halls, hotel conference centres, anywhere

• Often local iwi radio will broadcast hearing, video records kept

• Usually lawyer-led but sometimes open forum• Te Rohe Potae inquiry – claimants presented

traditional evidence, unwritten - wananga

Rohe Potae Inquiry

Maori Land Court

• Crown recognised Maori “owned” New Zealand in 1840

• Native Land Court 1865 – converts tribal title to individual title – many flagrant abuses led to land loss, Maori land changed to general land

• Became Maori Land Court in 1953

Maori Land Court

• Statute changes philosophy of court in 1993 – retention of Maori land and development in hands of owners.

• Records of court represent a huge and incredibly valuable archive but it is a day-to-day working record – IT LIVES.

• Minutes, orders, applications with all associated documents, judges’ handwritten summaries of evidence at hearing, transcripts

Waikato Maniapoto / Hamilton Māori Land Court

Tairawhiti / Gisborne Māori Land Court

Waiariki / Rotorua Māori Land Court

Maori Land Court

• Originals poorly kept in district offices until recently

• No proper archival care taken until recently• Public allowed direct access to originals• No index –expert assistance needed to search

the record

Maori Land On Line

www.maorilandonline.co.nz• Electronic record developed – problems• Website – allows isolated or overseas Maori

to access records• Recent records of court – time-lapse snapshot• Survey and land information• Further development of website and

searching to be completed

Owner Interest Search

Owner Interest Search Results

Block Details

Management Structure / List of owners

Block Location

Issues

• Whakapapa/Genealogy – fundamental to Maori society, governs all relationships – tapu/sacred information – public access?

• Continuing dominance of public research by non-Maori researchers although Maori numbers increasing

• Tribunal resources limited - research as currency