Chapter 2 Māori Culture in the Contemporary World

Lai, Jessica Christine

doi:10.1007/978-3-319-02955-9_2

Jessica Christine Lai²

2064 Accesses

Abstract

There are many reasons why Māori should be given more control over, and more opportunities to be the ones to benefit from, their cultural heritage. The first reason discussed elaborates on the link between cultural identity and well-being, and the relationship between culture and socio-economic development. The second ground relates to the Treaty of Waitangi rights and obligations.

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Notes

1.
See, e.g. the discussion in Bruner (2008), pp. 360–365.
2.
UNESCO, Universal Declaration on Cultural Diversity (2001) 41 ILM 57 (2 November 2001), General Conference and Art. 1.
3.
UNESCO, Convention on the Protection and Promotion of the Diversity of Cultural Expressions, 2440 UNTS 311 (adopted on 20 October 2005, entered into force 18 March 2007).
4.
UNESCO Thesaurus, available at http://databases.unesco.org/thesaurus/.
5.
Wright (2008), p. 400.
6.
Ibid., p. 446. Wright references Triandis (2007), p. 64 and Konner (2007), pp. 77–78.
7.
Statistics New Zealand (2009a), pp. 17–18. See also Tsosie (2002), pp. 322–324 and Lord (1999), p. 35.
8.
Wereta and Bishop (2006), p. 8. See also Fleras (1987), p. 12.
9.
Solomon (2005), pp. 353 and 360.
10.
For examples Lenihan (1996), p. 214 and Nepia (2003).
11.
Daes (1993), para. 58.
12.
Young and Haley (2009), pp. 278–279.
13.
Ibid., p. 279.
14.
Kawharu (2001), pp. 1–16, who stated that “[it] has long been recognised that the lack of secure identity and sense of place in today’s tribal realities have contributed toward poor performance for Māori generally.”
15.
X (2003), p. 3.
16.
Scafidi (2001), pp. 828–831 and Gibson (2008), p. 290.
17.
Yu (2008), p. 455.
18.
van Meijl (2009), p. 346.
19.
Wereta and Bishop (2006), p. 8, who state that “[i]ndeed, the notion of cultural vitality is at the very heart of the concept of Māori well-being.” See also SNZ (2009a), p. 6; and Ministry for Culture and Heritage (2009), pp. 3 and 41.
20.
Stanford University (2008).
21.
MCH (2005).
22.
MCH (2009), p. 3.
23.
SNZ (2007), p. 7.
24.
Hook (2009), p. 1. Hook notes that these kinds of statistics are similar with the Inuit, Métis, and Indians of Canada and the Australian Aborigines. He comments that the common factors between these groups are colonisation and the “perceptions of their colonizers [of the Indigenous Peoples being excessively violent], their dispossession from their lands, their impoverishment, deprivation, and assimilation” (at 7).
25.
Forster (2000), p. 1.
26.
See Cotterell et al. (2008). See also Kukutai (2004), pp. 97–101, who discusses whether associating with Māori identity incurs costs.
27.
Horomia (2000), p. 2.
28.
Lord (1999), p. 44.
29.
Forster (2000), pp. 1–2 and Wereta and Bishop (2006), p. 8.
30.
Telesetsky (2009), p. 336.
31.
Ibid.
32.
Wereta and Bishop (2006), p. 2.
33.
Ibid., p. 3. See also Forster (2000), p. 1 and Wereta and Bishop (2006), p. 8.
34.
Wereta and Bishop (2006), p. 3.
35.
Robley (1998), p. 123.
36.
Yu (2008), p. 457.
37.
Robley (1998), p. 123.
38.
Frankel (2011), p. 117.
39.
Ibid., p. 119.
40.
Ibid., p. 120.
41.
See Robley (1998), p. 123.
42.
For an example of such a perspective, see Harawira (1999). Harawira calls the appropriation of Māori tradition and culture “theft” of “indigenousnss”, which is “nothing less than an act of blatant cultural genocide.” See also Whitt (2009); and Helfer and Austin (2011), pp. 462–463.
43.
For example, an increase in Te Reo Māori proficiency has proven to have this effect. See Te Puni Kōkiri (2010), p. 7.
44.
New Zealand Māori Council v Attorney General [1994] 1 NZLR 513, 516 Lord Woolf (PC), which stated that the “Treaty records an agreement executed by the Crown and Māori, which over 150 years later is of the greatest constitutional importance to New Zealand”. The history of the Treaty has been outlined elsewhere and need not be repeated here; Orange (1987).
45.
For a brief discussion of the differences, see Austin (2003–2004), pp. 342–344.
46.
H Smith (2003), p. 41.
47.
Delegation of New Zealand (2002), annex 2, para. 41. See also Solomon [for the Ministry of Economic Development (MED)] (2005), para. 3.38, who notes the importance of maintaining flexibility in international documents, so that New Zealand can tailor its solutions to the Treaty of Waitangi.
48.
Treaty of Waitangi Act 1975, preamble. Though only recommendations, governments have always taken the reports seriously and used them in negotiations. However, the Crown has rejected a number of Waitangi Tribunal reports; see Charters (2006).
49.
Zografos (2005), pp. 930–931.
50.
Treaty of Waitangi Act 1975 (NZ), s. 2 definition of “Treaty”.
51.
Frankel (2011), p. 122.
52.
Austin (2003–2004), p. 348.
53.
For the English and modern translation of the Māori text of the Treaty of Waitangi, see MCH (with explanatory footnotes by Professor Hugh Kawharu) (2012).
54.
Waitangi Tribunal (2012); and Report of the Waitangi Tribunal on Te Roroa (1992) Wai 38, p. 210.
55.
Zografos (2005), p. 930 and Gray (2005), p. 73.
56.
Myburgh (2010), p. 661.
57.
Tsosie (2002), p. 335.
58.
Frankel (2013).
59.
For a short summary of customary title in New Zealand, see Williams (2004).
60.
New Zealand Māori Council v Attorney-General [1987] 1 NZLR 687 (CA). See also Baragwanath (2007) and Paterson (1999), p. 111.
61.
New Zealand Māori Council v Attorney-General, supra note 60, 664 Cooke P (CA).
62.
Report of the Waitangi Tribunal on Ngāi Tahu (1991) Wai 22, para. 4.7.15. See also Watson and Solomon (2000).
63.
Interim Report of the Waitangi Tribunal on the Rangitaiki and Wheao Rivers Claim (1993) Wai 212, p. 4.
64.
Report of the Waitangi Tribunal on Te Whanau O Waipareira (1998) Wai 414.
65.
Report of the Waitangi Tribunal on Ngāti Awa Raupatu (1999) Wai 46; and Report of the Waitangi Tribunal on Radio Spectrum Management and Development (1999) Wai 776.
66.
Report of the Waitangi Tribunal on Claims Concerning New Zealand Law and Policy Concerning New Zealand Law and Policy Affecting Māori Culture and Identity (2011) Wai 262, p. 14 (emphasis added) [hereinafter Wai 262].
67.
See also Solomon (for the MED) (2005), para. 3.17.
68.
Wai 262, supra note 66, p. 15.
69.
Solomon (for the MED) (2005), para. 3.17.
70.
Wai 262, supra note 66, p. 16.
71.
Ibid.
72.
Ibid., pp. 16–17.
73.
Report of the Waitangi Tribunal on the Te Reo Māori Claim (1986) Wai 11. See also Myburgh (2010), p. 659.
74.
Report of the Waitangi Tribunal on Claims Concerning the Allocation of Radio Frequencies (1990) Wai 26, p. 150; and Attorney-General v New Zealand Māori Council [1991] 2 NZLR 129 (CA). See also Paterson (2009), p. 125.
75.
Williams (2003), p. 18.
76.
Report of the Waitangi Tribunal on Radio Spectrum Management and Development (1999) Wai 776. The Government did not agree with the Tribunal that it needed to reserve a fair and equitable portion of the 3G frequencies for Māori, but gave Māori NZ$5 million to bid for a share. This report goes further than the report on radio frequencies (supra note 74), as it does not just hold te reo Māori as taonga, but the electromagnetic spectrum itself.
77.
Claims Concerning the Radio Spectrum Management and Development (2009) Wai 2224. Filed in 2009, the claim was suspended due to direct negotiations between Māori and the Government. When these failed, the claim was reinstated on 4 July 2013; Smellie and NBR Staff (2013).
78.
Garrity (1999), p. 1209.
79.
Frankel (2013).
80.
Ministry of Foreign Affairs and Trade (MFAT) (2002).
81.
Such as the removal of iwi from their land, when a large part of Māori identity was traditionally tied to their land, and by promoting a single New Zealand identity; see Moeke-Pickering (1996), pp. 2 and 4–5. For an in-depth discussion on policies and law that have affected Māori cultural practices, see Williams (2001).
82.
Ward (2002) and Nikora et al. (2003). It was also due to the trade of mokomokai (dried, moko-tattooed heads), which acted as a disincentive to have a moko, as many Māori men feared being killed for their heads if they received a moko; see Palmer and Tano (2004).
83.
Kōrero Māori (2012).
84.
SNZ (2007), p. 3.
85.
Ibid., p. 9.
86.
MCH (2009), p. 42. See also Te Puni Kōkiri (2010), p. 7.
87.
SNZ (2009a), p. 17.
88.
SNZ (2007), p. 5; and SNZ (2006), p. 10.
89.
Kōrero Māori (2012).
90.
McGregor (2007).
91.
SNZ (2009a), p. 8.
92.
SNZ (2009b), pp. 13 and 29–32 and Wereta and Bishop (2006), p. 6.
93.
For a discussion on the historical and legal meaning of “Māori”, see Lai (2010), pp. 5–9.
94.
MCH (2009), p. 41.
95.
SNZ (2009b), p. 31. This Draft also discusses how there is currently insufficient data on the impact on Māori culture on non-Māori New Zealanders (27 and 32).
96.
MCH (2009), p. 41.
97.
Thomas (1995), p. 111.
98.
Liddell (1997), p. 32.
99.
Frankel and Richardson (2009), p. 277.
100.
These serve both a religious and social purpose in pre-Christian Polynesian societies.
101.
Historical sites or places of great Māori significance.
102.
In this context, taonga means corporeal treasures. But, taonga includes intangible treasures.
103.
MCH (2009), p. 27. For more information, see Pink and Matthews (2003).
104.
MCH (2009), p. 27.
105.
Ibid., p. 51.
106.
Ibid., p. 57.
107.
Ibid., p. 55.
108.
In particular, “misappropriation” is part of unfair competition law in the common law tort system and, thus, has a specific legal meaning; see WIPO, Intergovernmental Committee on Intellectual Property and Genetic Resources, Traditional Knowledge and Folklore, Secretariat (2013), annex, 26.
109.
MFAT (2002).
110.
See supra note 42.
111.
Shand (2002), pp. 57–58 and Tsosie (2002), p. 311.
112.
Scafidi (2001), p. 823.
113.
Tsosie (2002), pp. 343–346.
114.
Ó Giolláin (2002), p. 102.
115.
WIPO (2003), p. 9. See also Shand (2002), pp. 50–52, who discusses the incorporation of Māori designs into the national collective identity and whether this suggests a bi-cultural nation.
116.
The principle of self-identification is implicit from many rights held in the UN International Covenant on Civil and Political Rights, 999 UNTS 171 and 1057 UNTS 407; 6 ILM 368 (adopted on 16 December 1966, entered into force 23 March 1976), Arts. 18–22 and 27.
117.
BBC Asia-Pacific (2000). Similar examples exists in the US, where Indian mascots are commonly used for sports teams, which Naomi Mezey has called “cultural hybrids” because they are a use of Indian iconography in “distinctly white cultural ritual”. Mezey views the mascots as belonging more to their white creators as they are a “white invention”. See Mezey (2007), pp. 2005–2008. Though I do not agree with Mezey, arguably the All Blacks use of the haka differs, as they do not merely use iconography, but perform the actual ka mate haka and in a non-offensive and traditional manner, albeit in a slightly different context. Mezey’s perspective has also been refuted by Carpenter et al. (2009), pp. 187–188. They noted that Mezey’s concerns about freedom of speech “at the very least overlook or understate the law’s additional obligation to avoid the perpetuation of racial prejudice and misunderstanding in the educational context in particular.”
118.
Frankel and Richardson (2009), p. 280; de Beer (2006), p. 110; and Pepperell (2010). Interestingly, the Ngāi Tahu Tribe find the haka offensive, due to the brutality of its author towards them. See Milne (2005).
119.
Ngāti Toa Rangatira (2013).
120.
BBC Asia-Pacific (2000).
121.
Ibid.
122.
Ibid.
123.
Jackson (1997), p. 31.
124.
Ibid. See Liddell (1997), p. 42.
125.
This particular statement was regarding the famous song “Pokarekare Ana” (a Māori love song written in the early twentieth century, made famous by opera singer Dame Kiri Te Kanewa) that is now considered an anthem of sorts of New Zealand; Jackson (1997), p. 31. See also Liddell (1997), p. 42, who stated that examples such as the use of the haka by the All Blacks “are proof positive that the colonial machine is alive and well in Aotearoa.”
126.
Duff (2011).
127.
Milne (2005). See also Richardson (2001), p. 207 and Rutherford (2010).
128.
Crewdson (2006).
129.
Milne (2005).
130.
Knott (2007).
131.
New Zealand Trade Marks Nos 305166, 305167 and 305168.
132.
New Zealand Trade Mark No. 814421. Combination marks of images of “Ka Mate Ka Ora” are registered.
133.
Crewdson (2006) (New Zealand Trade Mark No. 827077).
134.
Stoll and von Hahn (2008), pp. 17–20.
135.
Crewdson (2006).
136.
Ngāti Toa Rangatira (2009), para 39; BBC Asia-Pacific (2009); and Watkins (2009).
137.
Kay and Newton (2009).
138.
Ngāti Toa Rangatira (2009), paras 41–42.
139.
Ibid., para. 40.
140.
Connolly (2009).
141.
The Haka Ka Mate Attribution Bill 2013 (NZ) is Part 11 (or ss 633–642) and Schedule 15 of the Te Tau Ihu Claims Settlement Bill 2013 (NZ).
142.
Ngāti Toa Rangatira and Trustee of the Toa Rangatira Trust and The Crown (2012).
143.
Ngāti Toa Rangatira and Trustee of the Toa Rangatira Trust and The Crown (2012), para. 5.104.
144.
This statement must be “(a) clear and reasonably prominent; and (b) likely to bring Te Rauparaha’s identity, as the composer of Ka Mate and a chief of Ngāti Toa Rangatira, to the attention of a viewer or listener.” Te Tau Ihu Claims Settlement Bill 2013(NZ), cl. 639(4).
145.
Publication means that something is “(a) issued to the public; or (b) made available to the public be means of an electronic retrieval system”. Te Tau Ihu Claims Settlement Bill 2013(NZ), cl. 637.
146.
Communication means transmitting or making available by means of a communication technology, including by means of a telecommunications system or electronic retrieval system. Te Tau Ihu Claims Settlement Bill 2013(NZ), cl. 637, referencing the definition in Copyright Act 1994 (NZ), s. 2.
147.
Te Tau Ihu Claims Settlement Bill 2013(NZ), cls 639–640(1).
148.
Te Tau Ihu Claims Settlement Bill 2013(NZ), cl. 640(2).
149.
Te Tau Ihu Claims Settlement Bill 2013(NZ), cl. 641.
150.
Ngāti Toa Rangatira and Trustee of the Toa Rangatira Trust and The Crown (2012), para. 5.106; and Te Tau Ihu Claims Settlement Bill 2013(NZ), cl. 641(2). For the definition of “rights representative, see cl. 637.
151.
Ngāti Toa Rangatira and Trustee of the Toa Rangatira Trust and The Crown (2012), para. 5.111.4 specifically states that the Bill does not confer an entitlement to “(a) require any person to obtain consent in advance of any treatment of the haka Ka Mate; or (b) charge, levy or accept any form of royalties, compensation or damage in respect of any treatment of the haka Ka Mate.” Potential users are simply “encouraged to consult with Ngāti Toa Rangatira on their proposed use of the haka Ka Mate as a matter of courtesy” (para. 5.112).
152.
Ward (2002); and Jahnke and Jahnke (2003), pp. 18–20.
153.
Howe (2009).
154.
In actual fact, I contacted Ngāi Tūhoe, asking if the moko is indeed of their chief bloodline, and was told that the moko is not from Tūhoe at all; Email from Here Titoko et al. (2011), citing Tamati Kruger (Ngāi Tūhoe spokesperson). Nevertheless, I continue to use the example as report in the press to serve as an illustration.
155.
Shand (2002), pp. 53–59.
156.
This is particular true in the US, where freedom of expression is central to its foundational legal structure; see Tsosie (2002), pp. 347–349.
157.
Frankel (2010), p. 4.
158.
Scafidi (2001), p. 825.
159.
For example, the “Handbag Haka” (BBC Asia-Pacific (2006); Lewis (2006); Frankel and Richardson (2009), p. 282); and an Italian Fiat car advertisement (Newstalk ZB (2006) and Frankel and Richardson (2009), p. 282).
160.
D’Arcy (1990); Pritchard (2000), pp. 270–272; and Walker (1984), p. 278.
161.
Jones (1996), p. 133.
162.
Although this is not always the case, see the European Court of Human Rights decision Otto-Preminger-Institute v Austria (1994) Ser A, 295-A.
163.
Such as in Australia (Copyright Act 1968 (Cth), ss 41A and 103AA) and the US (17 USC, § 107). There is also the requirement that use be “fair”. It is not clear if the satire/parody exception exists in New Zealand, as it is not explicitly in the Copyright Act and there has been no case law on the matter. It was being considered in New Zealand; see Tizard (2008). The intention to make this review was, however, indicated by a prior Labour-led Government, which also stated that a discussion paper on the subject would be released in December 2008. However, the November 2008 elections resulted in a change in government, after which no such discussion paper was released and it appears that this review is no longer being pursued. In 2010, Susy Frankel noted that the legal attitude in New Zealand would indicate that a parody with direct commercial value would be copyright infringement; see Frankel (2010), p. 8.
164.
Jahnke and Jahnke (2003), p. 14.
165.
Ibid.
166.
Goldstein and Hugenholtz (2010), pp. 357 and 381.
167.
Frankel (2010), p. 8.
168.
Ibid.
169.
Ibid., p. 9.
170.
Indigenous women have often been treated in such a way as to breach their human rights, from a Western perspective; see Xanthaki (2007), p. 113. There are some arguments that the status of Māori women eroded upon contact with Europeans, who introduced a rigid patriarchal system; Hall and Fenelon (2009), pp. 42–43 and A Mead (1994a), pp. 3–4.
171.
Johnston (2010) and X (2010).
172.
See Graber (2008), pp. 115–117.
173.
See also Lai (2013).
174.
Oxenham (2007).
175.
Solomon (for the MED) (2005), para. 6.39.
176.
See Mark Whitecliffe’s comments in Panoho (2007) and Yu (2008), p. 458.
177.
IPONZ (2006). See also Shand (2002), pp. 48–50.
178.
Royal (2009). For a discussion on the multiple meanings of the koru, see Frankel and Richardson (2009), pp. 283–285.
179.
For example, see Service and Food Workers Union (2006).
180.
New Zealand Trade Marks Nos 181232, 181233 and 192211.
181.
Shand (2002), p. 51.
182.
Sachdeva (The Press) (2010).
183.
Ibid.
184.
Ibid.
185.
Ibid.
186.
One News and Newstalk ZB (2010).
187.
Ibid.
188.
Ibid.
189.
This is noted by Solomon (2000).
190.
Delegation of New Zealand (2002), annex 2, para. 34.
191.
Interview with GH Smith (1997), p. 17. See also Scafidi (2001), pp. 811 and 820–822. This is also true for other indigenous peoples, such as the Native Americans; Tsosie (2002), p. 312.
192.
Jahnke and Jahnke (2003), p. 19.
193.
With regard to Robbie Williams’ tattoo, the Māori tattoo artist, Te Ragitu Netana, has the authorisation of his teachers and people to perform the art of Māori tattoo, but he had to assume a self-authorising role in giving Williams the tattoo. See Shand (2002), pp. 76–77; and Ward (2002).
194.
Yu (2008), p. 489. A controversial example relates to the use of genes for research and the collective versus individual right; see Roberts (2009), p. 149; and below Sect. 3.4.4(d).
195.
UN, Declaration on the Rights of Indigenous Peoples, GA Res. 61/295 (UN Doc. A/61/L.67 and Add.1) (adopted on 13 September 2007).
196.
For example, see Round (2009), p. 393; Xanthaki (2007), p. 117; and Xanthaki (2011), pp. 419–420.
197.
Xanthaki (2011), p. 419. The balance of individual and collective rights is also discussed in Graber (2008), pp. 114–118.
198.
Xanthaki (2011), p. 420.
199.
Thornberry (2002), p. 381.
200.
UN, Charter of the United Nations, 1 UNTS XVI (adopted on 26 June 1945, entered into force on 24 October 1945); and UN, Universal Declaration of Human Rights, UN GA Res. 217A (III) (UN Doc. A/810) (10 December 1948).
201.
Stamatopoulou (2011), pp. 402–403.
202.
Round (2009), p. 393.
203.
Xanthaki (2010), p. 19 and Xanthaki (2011), pp. 428–431.
204.
Human rights treaty bodies have considered permissible limitations of individual cultural rights that conflict with collective rights, when they are “duly justified” and only in force for the time strictly necessary. Such limitations on an individual’s cultural rights can only be imposed “when the survival and welfare of the group are threatened and only for so long as the situation of the threat persists.” Stamatopoulou stated that, at most, there could be some allowance of different means of interpreting rights, so long as this is a reflection of group values and agreed to by all members, after being fully informed about the issue and their choice. See Stamatopoulou (2011), p. 403.
205.
de Beer (2006), p. 102.
206.
Solomon (for the MED) (2005), para. 3.60.
207.
Shand (2002), p. 57.
208.
For example, Māori culture is rife with examples of roles that only males or only females may perform. What if a male of Māori descent wishes to do a poi dance, usually reserved to females, or a female of Māori descent wishes to lead the ka mate haka? See X (2011b).
209.
Interview with GH Smith (1997), p. 18.
210.
Frankel (2005), p. 95.
211.
Panoho (2007) and Yu (2008), p. 488.
212.
de Beer (2006), p. 114.
213.
This is concluded in the Pacific Islands context by Forsyth (2011), pp. 277–279.
214.
Native American Graves Protection and Repatriation Act 1990, 25 USC 3001–3013, § 3005(e).
215.
For this reason, it was considered as inappropriate that the English rugby team’s uniform at the 2011 World Cup bordered the traditional English red rose with ancient Māori symbols and decorations; see Easton (2011) and Gillies (2011).
216.
Field (2010).
217.
An exception to this is the haka in the context of the International Rugby Board, which has a protocol on how other teams must act when the All Blacks are performing the haka, including that they must stay at least 10 m away, not cross the half-way line and not advance. See McGregor (2011) and X (2011a).
218.
See also Burns (2010), where the New Zealand embassy in Japan tried to convince Coca Cola Japan to contact Ngāti Toa before using the ka mate haka, but were ignored.
219.
Unlike Fiat, Bass Breweries, a British producer of an alcoholic fruit drink “Reef”, responded positively to requests from the New Zealand High Commission in London, when the Commission requested that a “culturally offensive” advertisement be withdrawn. The advertisement featured bikini-clad woman performing a haka on a beach, followed by the suggestion that drinkers “go native”. The advertisement was considered “demeaning and racist”( Perry 2000).
220.
Frankel (2005), p. 84.
221.
Wai 262, supra note 66, p. 120.
222.
Lord (1999), p. 43.
223.
Wai 262, supra note 66, p. 123.
224.
Wai 262, supra note 66, pp. 118–136.
225.
Victoria University of Wellington’s can be accessed at www.victoria.ac.nz/fgr/current-phd/ethics; Auckland University’s at www.education.auckland.ac.nz/uoa/home/about/research/education-research/ethics-applications; and Otago University’s at www.otago.ac.nz/administration/committees/otago000864.html (all accessed 17 May 2012). For current practices and policy of Crown Research Institutes in involving Māori in research, see the Wai 262, supra note 66, pp. 184–188.
226.
Wai 262, supra note 66, pp. 118–136.
227.
Patenting of Life Forms Focus Group (1999).
228.
A Mead (1996).
229.
Jackson (1997).
230.
Ngaronoa Gardiner (1997), p. 56.
231.
Ibid., p. 55.
232.
A Mead (1994b), pp. 4 and 10.
233.
TVNZ (2002) 2609.
234.
Ward (2002).
235.
Ibid. A similar situation when English Premiere club Everton commissioned a team of Māori dancers to perform the “Everton Haka”; see Palmer (2009).
236.
The use of certification trade marks for indigenous cultural heritage has also been discussed in Graber and Lai (2011).
237.
Kay and Newton (2009).
238.
‘Tohu Wines’ Chief Executive James Wheeler, quoted in Janes (2005).
239.
For another example, see Reuters (2010) and Gates (The Press) (2010).
240.
See also Frankel (2005), p. 94.
241.
WTO, Agreement on Trade-Related Aspects of Intellectual Property Rights, Marrakesh Agreement Establishing the World Trade Organization, Annex 1C, 1869 UNTS 299; 33 ILM 1197 (adopted on 15 April 1994, entered into force 1 January 1995).
242.
MFAT (2002).
243.
Ibid.
244.
Yu (2008), p. 477.
245.
HM Mead (1995), p. 75. Here, Mead is discussing the Mataatua house, taken away from Ngāti Awa in 1879.
246.
Interview with GH Smith (1997), p. 16.

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Lai, J.C. (2014). Chapter 2 Māori Culture in the Contemporary World. In: Indigenous Cultural Heritage and Intellectual Property Rights. Springer, Cham. https://doi.org/10.1007/978-3-319-02955-9_2

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DOI: https://doi.org/10.1007/978-3-319-02955-9_2
Published: 22 November 2013
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Print ISBN: 978-3-319-02954-2
Online ISBN: 978-3-319-02955-9
eBook Packages: Humanities, Social Sciences and LawLaw and Criminology (R0)

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