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The Treaty of Waitangi and Research Ethics in Aotearoa

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The Treaty of Waitangi and Research Ethics in Aotearoa Bioethical Inquiry (2009) 6:61–68 DOI 10.1007/s11673-008-9127-0 The Treaty of Waitangi and Research Ethics in Aotearoa Maui L Hudson & Khyla Russell Received: 7 October 2007 /Accepted: 14 August 2008 / Published online: 27 November 2008 # Springer Science + Business Media B.V. 2008 Abstract Researchers, when engaging with Māori Introduction communities, are in a process of relationship building and this process can be guided by the principles of the The Treaty of Waitangi marked the foundation of the Treaty of Waitangi, partnership, participation and modern state of New Zealand and formalised a protection. The main concerns for many indigenous relationship between the British Crown and Māori to peoples in research revolve around respect for their recognise and protect Māori values, traditions and indigenous rights, control over research processes and practices (Cram 2003, 10). Although phrased in broad reciprocity within research relationships to ensure that terms, the Treaty provides for a transfer of sovereignty equitable benefits are realised within indigenous (article one), a continuation of existing property rights groups. Māori have identified similar issues and these (article two), and citizenship rights (article three) concerns can be aligned with the principles of the (Durie 1994). From a Māori stand-point, its role and Treaty of Waitangi. The relevance of the Treaty of status have never diminished, however, the impor- Waitangi to research ethics is discussed and this paper tance of the Treaty within New Zealand society has suggests a revised interpretation of the treaty principles changed over the past 160 years (Durie et al. 1989, to incorporate the range of ethical issues that Māori 64). The Treaty of Waitangi Act 1975 established the have expressed as important. Waitangi Tribunal and reinstated the legal authority of the Treaty. Over the years, Māori have made repeated Keywords Treaty of Waitangi . Research ethics . claims to government and the Waitangi Tribunal that Indigenous ethics their rights, as guaranteed under the Treaty of Waitangi, have been breached. These claims cover a spectrum from misappropriated land and resources to M. L. Hudson (*) the preservation of language and intellectual property Kenepuru Science Centre, rights. Institute of Environmental Science and In 1988 the Royal Commission on Social Policy Research Limited (ESR), PO Box 50-348, Porirua, New Zealand identified Treaty principles, partnership, participation e-mail: [email protected] and protection, and this created varying levels of expectation and debate about the implications of the K. Russell Treaty in contemporary society (Durie 1994). The Otago Polytechnic, Private Bag 1910, principles imply that the State has an obligation to both Dunedin, New Zealand recognise Māori aspirations for self-determination and 62 Bioethical Inquiry (2009) 6:61–68 protect the interests of Māori (Hudson 2004). As such, engagement rather than rule-based consultation pro- these principles have been widely adopted throughout motes consistency with Indigenous communities and government organisations as a mechanism to respond their values (NHMRC 2003; HRC 2008; HRC 2005; to inequalities in society that affect Māori. Government Anderson et al. 2003). organisations have each, in their own way, interpreted The principles that inform ethical relationships the Treaty principles in relation to their spheres of with Indigenous communities as described within activity. The Treaty of Waitangi is recognised as an Indigenous ethical frameworks can be structured integral part of New Zealand’s ethical framework but around three broad themes: respect, control and its interpretation needs to reflect the ethical under- reciprocity. (Hudson 2004) standings of both parties, Māori and European, ▪ Respect entails the recognition of indigenous particularly in relation to the contribution that research groups as sovereign entities and respect for their can make towards addressing inequalities within our cultural knowledge and traditions. society. ▪ Control affirms indigenous control over in- volvement of indigenous groups in research The Nature of the Research Relationship — Indigenous processes and relates to the ability of indigenous Perspectives groups to control the extent of their participation in research processes and negotiate what is The importance of relationships as the foundation for acceptable. equitable partnerships and development within Indige- ▪ Reciprocity involves ensuring there are mutual nous communities is promoted strongly by Indigenous benefits and that they are realised within Indig- academics. Indigenous communities have expressed enous groups in an equitable manner. concerns about research practices happening in their communities and frustration at the inability of researchers With respect to the final point, notions of reciprocity to recognise cultural difference and its influence on the are particularly important for Indigenous cultures which interpretation of knowledge. have a tendency towards a beneficience-oriented ap- proach to ethics rather than the autonomy-oriented In a research context, to ignore the reality of evaluations favoured in contemporary Western bioethics inter-cultural difference is to live with outdated (Hudson 2004; Tsai 1999; Aksoy and Tenik 2002). The notions of scientific investigation. It is also likely themes, informed by acknowledging Indigenous con- to hamper the conduct of research, and limit the trol and ownership of intellectual property, highlight capacity of research to improve human develop- negotiation and a preference for participatory research ment. (National Health and Medical Research processes. This approach, in turn, creates opportunities Council 2003, 24) for Indigenous workforce development and considers A number of Indigenous peoples (e.g. Aboriginal research in the context of the significant and important and Torres Strait Islanders, Navajo, Mi’kmaw) pro- issues for local Indigenous communities. vide ethical guidance for researchers when working in These themes also correlate with three significant their communities (Hudson 2004; Powick 2002). In aspects of a research relationship: status (recognition New Zealand, kaupapa Māori theorists have been at of parties as equal), process (integrity of engagement) the forefront of challenges to research practices and and outcomes (equity of outcomes) (Hudson 2004). have given guidance for ethical research with Māori While the relationship evolves over time and the communities (Smith 2001; Cram 2001). The Health parameters may change, ideally, the Indigenous group Research Council (HRC) has also developed, in will retain a significant level of control over the consultation with the relevant communities, research direction of the project. Showing respect can have guidelines for working with both Māori and Pacific immediate results, however, demonstrating reciprocity communities (HRC 2008; 2005). The various frame- and ensuring equitable outcomes for the community works emphasise that the parameters of the research are goals that will generally be realised over a longer relationship should be negotiated between the Indig- period of engagement. Recognising the inherent enous community and the researchers, and should be inequality between the partners in terms of access to relative to the context of the situation. Value-based knowledge, resources and funding implies that the Bioethical Inquiry (2009) 6:61–68 63 research organisation should take responsibility for resources; the development of the Māori research actively ensuring adequate boundaries are in place workforce; Rangatiratanga (authority); developing and that the goals of the Indigenous community are Mātauranga Māori (traditional knowledge); demon- respected (Hudson et al. 2007). strating respect for tikanga Māori (Māori protocols and practices); allowing mana whakahaere (control Incorporating the Treaty into Research Processes over decision-making); validating Māori concepts; incorporating Māori values; aligning research with Research has an increasingly important role within our Māori goals; intentional exclusion of Māori from society. The developing culture of evidence-based projects; and recognition of cultural intellectual policy and practice has embedded research as its property rights have been identified as important for primary tool for planning and evaluation. Through Māori (Hudson 2004). investment portfolios and funding signals, the govern- On closer examination it can be seen that many of ment controls the agenda for a substantial section of the issues relate primarily to concerns about “justice” New Zealand’s research resource. Funding is directed or “social and cultural responsibility” principles towards areas where the government considers the best already part of the existing framework. These are value from its investment can be achieved. The Ministry both concepts that require a broader community- and of Research Science & Technology also informs social society-oriented perspective when interpreted in relation policy and can help address issues such as persistent to the ethics of a specific research project. Interestingly, social and economic disadvantage, identify ways to while beneficience is not explicitly stated as a principle improve health care policy and delivery, and address in the ethical framework, if inequalities in society are population health disparities (Ministry of Research, considered to be unjust, the benefits of research should Science and Technology 2007). The Government
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