Cultural and Intellectual Property - Tikanga considerations, "What does the tikanga interface look like and how will it be applied?" The research I am presenting on today used as a base: 1. Hirini Moko Mead’s Tikanga Test 2. 203 interviews from the past 18 years about Māori beliefs of DNA 3. Copious research papers 4. A number of interviews with Maori leaders and legal experts 5. An early life being brought up on the marae 1
Introduction Genomic relevant Tikanga is not new once we understand Genomics from a Maori • perspective Blood and body fluids have always been regarded as tapu to Iwi Māori. As DNA is a • biological form of whakapapa and a taonga, it needs to be treated as such. Consideration of widely accepted customs and protocols for dealing with taonga • and whakapapa including the repatriation of mokokokai need to be used when extracting biological samples for gene usage. K.N.Taiuru @ktaiuru http://www.taiuru.maori.nz 2
Māori World view All Māori are born with whakapapa but not all Māori are Māori practitioners. • • There is no one Māori/Iwi or Hapū world view, in as much as there is no one New Zealander world view. • Māori are diverse as a people. • Stats 2013 reported that 98 percent of people of Māori ethnicity who stated a religious affiliation were Christian. But there are Māori religions. • Kōhanga Reo and Kura Kaupapa Māori adults K.N.Taiuru @ktaiuru http://www.taiuru.maori.nz 3
What is Tikanga • Māori custom, like common law that is founded on long accepted practices and traditional knowledge and religion; It does not preclude new circumstances and needs as they arise. • Tikanga must not be obfuscated to suit one’s own needs and personal circumstances. • Traditional Knowledge and cosmology are the foundation of all tikanga K.N.Taiuru @ktaiuru http://www.taiuru.maori.nz 4
Lost knowledge of Tikanga in Ngāi Tahu For Ngāi Tahu, much of its traditional knowledge has been lost. • Herries Beatties noted in 1919 that there were only 5 reccognised Tohunga in the • South Island. Taare Tikaao one of the few Tohuka in Ngāi Tahu expressed a number of times that • he had forgotten some knowledge and others his teachers died before they could teach him. Ngāi Tahu Upoko and Canterbury University Scholar, Professor Te Maire Tau has • described that lack of cultural knowledge within the Ngāi Tahu Iwi. His statement reinforces (Mead, 2016) observation that in 1979 it was obvious that few people really understood tikanga, and this included our own people K.N.Taiuru @ktaiuru 5 http://www.taiuru.maori.nz
Lost knowledge of Tikanga in Ngāi Tahu Ngāi Tahu have been so colonised and have lost their identity, that it would be difficult to garnish any traditional knowledge. By 1996, Ngāi Tahu had no native speakers. In 1992, Pani Manawatu, the Upoko of the Ngāi Tu Ahuriri Runanga and last native speaker of the language, died. His death had been preceded by that of his cousin, Rima Te Aotukia Bell (nêe Pitama), who was learned in tribal traditions. In 1996, Jane Manahi, a spiritual elder and leader from Tuahiwi, also passed beyond the shaded veil. These deaths and the 1996 Te Runanga o Ngāi Tahu Act saw the end of Ngāi Tahu old and the evolution of a Ngāi Tahu new. Just as the Gauls and Germanic groups de-colonized themselves and rebuilt their world, so too have Ngāi Tahu (Tau, 2001: p.p 148). K.N.Taiuru @ktaiuru http://www.taiuru.maori.nz 6
What is Whakapapa Whakapapa is one of the most prized forms of knowledge and great efforts are • made to preserve it, P: 174 (Barlow, 1991). Because there is no break between the celestial and terrestrial realms, each • whakapapa possesses spiritual as well as physical origins and descent lines, enabling all things to be located in time and space p.p 251-252 (Pungetti et al., 2012) Whakapapa is a metaphysical framework constructed to place oneself within the • world (Tau, 2003). Every species has a whakapapa that goes directly to Tane Mahuta and Tangaroa, • to Rangi and Papa to Io. Each species has associated traditional knowledge and mātauranga Maori. K.N.Taiuru @ktaiuru http://www.taiuru.maori.nz 7
Karakia Pre Christianity a Karakia was not like a Pākehā prayers, but was an address to the • Atua in regular form, a kind of petition to as a favour, or in some cases a spell or incantation. The one used all depended on the occasion or what was wanted at the time. Tikao Talks page 72 A Karakia Denotes a charm, a spell, an incantation, an invocation. Any simple form • of words, no matter how puerile it may be, uttered in order to avert ill fortune, to secure good luck, to render one dexterous, skillful, to cause a child's kite to fly or a top to spin, all were termed PAGE 307 karakia, as also were invocations to the Supreme Being Best Religion 306 It is clear that it was necessary that every man should be acquainted with a number • of charms for use in daily life at times and places where the services of an expert were not procurable. So numerous, for instance, were evil omens and unlucky signs in Maori life that it was highly necessary that every person should be in a position to avert such influences. Best Religion 306 K.N.Taiuru @ktaiuru http://www.taiuru.maori.nz 8
Atua There are four classification of Atua as described by (Best, 1901), Buck and many other early researchers and ethnographers. 1. The Supreme Being Io 2. Departmental or Tutelary beings 3. Tribal Gods 4. Family gods, familiar spirits: These spirits could appear as birds, dogs, lizards or sometimes insects (Pybus, 1954) . K.N.Taiuru @ktaiuru http://www.taiuru.maori.nz 9
Atua relevant to Genomic Research K.N.Taiuru @ktaiuru 10 http://www.taiuru.maori.nz
Taonga Species an undefined term The term Taonga Species is a term that is often used with no knowledge of what the • term is or how to define it. There are two formal definitions in New Zealand law and used by the Waitangi • Tribunal. The Ngāi Tahu Claims Settlement Act 1998 Schedule 97 and the Waitangi Tribunal • definition. In my opinion The Waitangi Tribunal have overlooked the fact that Whakapapa is a • taonga and that our whanau are a taonga. All living specimens that were in New Zealand prior to the first European contact have a unique whakapapa, therefore are taonga species. The Ngāi Tahu Claims Settlement Act 1998 Schedule 97 lists only 113 Taonga Species • to Ngāi Tahu. The Act ignores traditional knowledge with taonga species. K.N.Taiuru @ktaiuru http://www.taiuru.maori.nz 11
Taonga Species a Proposed Definition 1. Human body of Māori descent. The human body or the ira tangata is tapu (Mead, 2016)* 2. Endemic native species that were born and raised in New Zealand.* 3. Native species that originate in New Zealand. *& 4. Species that have been introduced by the migrating waka.* * This applies to the living and the dead K.N.Taiuru @ktaiuru http://www.taiuru.maori.nz 12
Māori view of DNA The original WAI 262 claimants sought recognition by the tribunal for all genetic material of taonga species to be protected. In particular they sought: a right to determine intellectual property rights in the knowledge and use of • indigenous flora and fauna and the preservation of biodiversity ; a right to participate in, benefit from, and make decisions about existing and future • technological advances relating to the breeding and genetic manipulation of indigenous flora and fauna pg 2 volume 1 wai 262 K.N.Taiuru @ktaiuru http://www.taiuru.maori.nz 13
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Relevant tikanga for Genomic Research DNA is a whakapapa. This requires that a a number of common tikanga practices need to be implemented in addition to full consent. K.N.Taiuru @ktaiuru http://www.taiuru.maori.nz 16
Hau • Hau is a tikanga that ensures the physical, mental and spiritual well being of a person is respected and protected. This also aligns with Te Whare Tapa Whā. Developed by Dr Mason Durie. • The Code of Health and Disability Services Consumers' Rights: Health and Disability Commissioner (Code of Health and Disability Services Consumers' Rights) Regulations 1996 Rights 6 & Right 7 protect Hau K.N.Taiuru @ktaiuru http://www.taiuru.maori.nz 17
Fully informed disclosure and consent In English and te Reo Rangatira • Customary rights and tikanga • Customary ownership rights • Modern day issues such as data sovereignty, Artificial Intelligence, technologies • that will allow for profiling Ratana/Pai Mārire and western religious values. • K.N.Taiuru @ktaiuru 18 http://www.taiuru.maori.nz
Fully informed disclosure of Taonga Species 1 of 2 1. Consult with the kaitiaki if applicable 2. Notify the manawhenua of the taonga species K.N.Taiuru @ktaiuru http://www.taiuru.maori.nz 19
Fully informed disclosure for Taonga Species 2 of 2 • Taonga species also have a Hau that must be protected. • Treat taonga species with the same respect as a human sample • Identify the relevant Atua for karakia K.N.Taiuru @ktaiuru http://www.taiuru.maori.nz 20
Fully informed disclosure of dead Taonga Species • Check who the kaitiaki are, if applicable • Discuss with the manawhenua of the taonga species your intentions and seek their approval K.N.Taiuru @ktaiuru http://www.taiuru.maori.nz 21
Fully informed disclosure of human dead Seek permission from: 1. The Whanau if possible OR 2. The hapū OR 3. The Iwi K.N.Taiuru @ktaiuru http://www.taiuru.maori.nz 22
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