Indigenising Knowledge for Current and Future Generations
SYMPOSIUM PROCEEDINGS
March 2012
Te Whare ngā pae o te māramatanga Kura ISBN 978-0-9864622-3-8
Published by Ngä Pae o te Märamantanga, New Zealand’s Indigenous Centre of Research Excellence, The University of Auckland, New Zealand www.maramatanga.ac.nz
In collaboration with Te Whare Kura, Indigenous Knowledges, Peoples and Identities Thematic Research Initiative, The University of Auckland, New Zealand www.tewharekura.auckland.ac.nz
Designed and typeset by Kate Broome for undercover Printed by Norcross
March 2012
Ngä Pae o te Märamatanga and Te Whare Kura hold copyright for this report. This publication cannot be reproduced and sold at profit for others. Indigenising Knowledge for Current and Future Generations
Edited by Deidre Brown
A joint publication between Te Whare Kura: Indigenous Knowledges, Peoples and Identities Thematic Research Initiative; The University of Auckland; and Nga¯ Pae o te Ma¯ramatanga, New Zealand’s Indigenous Centre of Research Excellence
Rärangi Take. Contents
Whakawhetaitanga. Acknowledgements 4 Whakaahua. Cover Image Designer Statement 6 Karamia Müller Whakamöhio. Introduction 7 Deidre Brown
Implementing Te Ao Mäori 12 Valmaine Toki Mana, Rangatiratanga, Kaitiakitanga and Local Government 30 Lena Henry Exploring the Nature of the Intergenerational Transfer of Inequalities Experienced by Young Mäori People in the Criminal Justice System 38 Tracey McIntosh and Leon Radojkovic Alcohol and Tobacco Use in Niue 49 Vili Nosa, Seini Taufa, Teuila Percival, Malakai Ofanoa, and Yvonne Underhill-Sem Polynesian Tectonics 60 Jeremy Treadwell Whare for Grabs 71 Ngarino Ellis, La‘a Tamarau and Chloe Weavers War Memorial Wharenui and Wharekai 80 Bill McKay, Fiona Jack and Taarati Taiaroa
Haurongo. Contributor Biographies 94 Whakawhetaitanga Acknowledgements
We would like to thank all of the contributing We are especially grateful to Ngä Pae o authors for their commitment to the kaupapa te Märamatanga, New Zealand’s Indigenous of this publication and symposium and their Centre of Research Excellence, and in particular dedicated work in completing their papers to Te Ahukaramü Charles Royal (Director), within often unforgiving deadlines: Ngarino Daniel Patrick (Executive Director) and Helen Ellis; Lena Henry; Fiona Jack; Tracey McIntosh; Ross (Publications and Communications Bill McKay; Vili Nosa; Malakai Ofanoa; Teuila Manager), for their collaboration and support Percival; Leon Radojkovic; Taarati Taiaroa; in publishing these papers. Their partnership La‘a Tamarau; Seini Taufa; Valmaine Toki; adds mana to our project. Jeremy Treadwell; Yvonne Underhill-Sem; and Special thanks are due to Te Whare Kura team Chloe Weavers. We appreciate that your work who have provided organisational and inspira- has been completed in collaboration with a tional support: Brad Coombes (Co-Director); number of communities and organisations, to Everdina Fuli (Business Manager); Lynette Read which we are very grateful. Thank you for allow- (Research Development Manager); Melissa ing your knowledge to be shared with others. Spencer (Grants Writer), and Sylvia Wheeldon Eighteen anonymous external referees also (Administrator). Within this team Celine Wills carefully checked and commented on the full (Administrator) has provided particular sup- papers submitted for the publication. Although port to the publication and symposium. we cannot name you, please accept our most We would also like to thank Te Whare sincere thanks for your work. Kura Chair, Margaret Mutu, and Host and To Karamia Müller, we are delighted to have Champion, Jan Crosthwaite for their leader- received your permission to use your work as a ship, vision and support of this and the wider Te cover image for this publication as its kaupapa Whare Kura kaupapa, as well as The University of knowledge recovery, protection and promo- of Auckland Research Office for their continu- tion fits perfectly with our own. ing support of our initiatives. Ngä mihi nui ki a koutou katoa WHAKAWHETAITANGA ACKNOWLEDGEMENTS 5
Te Whare Kura: Indigenous Knowledges, Peoples and Identities 2012 Indigenising Knowledge for Current and Future Generations publication and symposium subcommittee:
Deidre Brown (Chair) Melani Anae Everdina Fuli Daniel Patrick Lynette Read Te Ahukaramü Charles Royal
For more information about The University of Auckland Te Whare Kura: Indigenous Knowledges, Peoples and Identities Thematic Research Initiative, please see our website: www.tewharekura. auckland.ac.nz
For more information about Ngä Pae o te Märamatanga, New Zealand’s Indigenous Centre for Research Excellence, see www.maramatanga.ac.nz Whakaahua
“Se‘i motu le pa ‘a’ ua iloa”
Karamia Müller. Cover image designer statement
The drawing is an analogy for the Samoan oratory proverb “se‘i motu le pa ‘a’ ua iloa”, translated as, “may the pearl shell fishhook never be lost before it is shown to others”. Within Samoan lauga (oratory) the proverb can be used to express “it is mean to hide one’s possessions”. To contempo- rise this indigenous value, a real pearl shell fishhook was illustrated by me using digital drawing software. Such technology has been specifically developed and used for architectural drawing documentation. This particular pearl shell fishhook is a traditional Samoan artefact currently in the collection of the British Museum (accession number AN8231540001).1 A high-resolution image of the pearl shell fishhook was acquired from the British Museum online collection data- base. The image was then imported into the drafting software and traced using various design tools available in the software package. In doing so a deliberate move was made to reclaim the object; choosing to redraw the object using digital drawing technology also indigenises the media.
1 The object is identified as “Fish-hook (with line) made of sinnet, pearl-shell, feather.” The British Museum does not give any contextual information on this object on its website: http://www.britishmuseum.org/join_in/using_digital _images/using_digital_images.aspx?asset_id=823154&objectId=493284&partId=1 (accessed 18 August, 2011). Whakamöhio Introduction
Deidre Brown
The majority of the world’s knowledge could (23–24 March 2012) convened by the Te Whare be claimed to be indigenous. Indeed, the diver- Kura: Indigenous Knowledges, Peoples and sity of cultural knowledge is such that some Identities Thematic Research Initiative (TRI). academics have argued that it is better concep- Te Whare Kura is a “virtual” multidisciplinary tualised as different “worlds” of knowledge, research centre hosted by the Faculty of Arts on rather than “worldviews”. We live in interest- behalf of The University of Auckland. Its mission ing, if not frustrating, times, as those of us who is to maintain, enhance and protect the mauri have the freedom and resources of expression (a Mäori word meaning “life force”) of our seek to recover, protect and promote indigenous knowledges, peoples and identities by enabling knowledges that have suffered the disruption staff to work within indigenous paradigms. of colonisation, imperialism and globalisa- The term “Te Whare Kura” and its cognates tion. It is impossible to disentangle each of is widely understood throughout the Pacific to these three exercises, if one is working within mean a place of higher knowledge. Accordingly, an indigenous intellectual paradigm, as work the principal focus of the initiative is to support in one area necessitates taking into considera- research for, by and with indigenous peoples, tion the other two. Many still work outside of primarily Mäori along with Pacific indigenous this paradigm, unfortunately, as the capture of communities. Te Whare Kura utilises and sup- indigenous knowledges is central to the projects ports (through research infrastructure, grants of bioprospecting (or “biotheft”) and techno- and an international visitors programme) the prospecting, or sometimes just careerism. But collective knowledge and skills of staff from times are changing. At a time when there is an all faculties of The University of Auckland to increasing disparity between the wellbeing of develop and deliver large-scale needs-based indigenous and non-indigenous peoples around research projects that benefit indigenous peo- the world, there have been small increases – yet ples by maintaining, enhancing and protecting still increases nonetheless – in the number of mauri (life-force) of indigenous knowledges in indigenous researchers able to work with, for four areas: and beside indigenous communities for their benefit. • Mauri Atua (Knowledges) Within this book is a small sample of some • Mauri Manaaki (Economies) of that work. The papers here are refereed • Mauri Tangata (Wellbeing) contributions to the Indigenising Knowledge • Mauri Tiriti (Governance) for Current and Future Generations symposium 8 Indigenising Knowledge for Current and Future Generations
Using methodologies founded in the Mäori to bring about positive change and transfor- and Pacific worlds, the initiative’s objective mation in the nation and wider world. Ngä is to facilitate the recovery and creation of Pae o te Märamatanga conducts and supports knowledge that is of relevance and benefit to high quality research, knowledge exchange, the survival and prosperity of indigenous com- including journals, research publications, books munities. Indeed, the theme of Indigenising and conference proceedings, and capability Knowledge for Current and Future Generations and capacity building to support the transfor- positions indigenous knowledges research in a mation of our communities, nationally and context that reflects indigenous needs and aspi- internationally. rations. This situation is important as it clearly Although much of the academic discourse articulates a vision for research at this university related to indigenous knowledge systems is where indigenous knowledges and peoples are driven by indigenous and diasporic research the agents, and not the subjects, of research. undertaken in, by and with large communities The papers here represent work completed living on large continents, such as Asia, the and work in progress of a number of researchers Americas and Africa, the papers here describe and communities affiliated with or supported the indigenous knowledges of the small (or at by Te Whare Kura. Such support is needed least not so big, in the case of Aotearoa New over and above the general allocation of “top Zealand) island nations of Polynesia. The work down” internal and external research funding of the renowned Fijian scholar, Epeli Hau-ofa, as staff working in indigenous research are has been important for describing the concerns often indigenous themselves, balancing time- in this region not as just a loose network of consuming community and academic roles and small-scale issues and projects scattered over a sometimes not receiving the resources required vast and empty sea, but as a collective move- to develop or demonstrate their research capa- ment based on the largest ocean continent in the bilities in culturally and academically valid (and world where islands are akin to cities, ancient valued) ways. The papers are by no means a and recent travel routes are like roads, the sea representative “snapshot” of all of Te Whare is a resource (or as some claim a bridge, not a Kura’s current projects, which also encompass barrier), and most importantly the people and language revitalisation, cultural landscapes, their cultures and histories are closely related. environmental governance and creative prac- Other researchers from our Oceanic con- tice, as well as a number of other areas. Instead tinent have had a big impact on indigenous it represents work that has reached a stage knowledges research. The popular reception of presentation to a new audience through of Linda Tuhiwai Smith’s 1999 publication publication, an opportunity that has been facili- Decolonizing Methodologies: Research and tated through collaboration with Ngä Pae o indigenous peoples by indigenous researchers te Märamatanga, New Zealand’s Indigenous from around the world, established that the Centre of Research Excellence. research concerns, methodologies and projects Ngä Pae o te Märamatanga is one of seven being developed by Mäori were of value to other national Centres of Research Excellence funded indigenous peoples. Since the book’s publica- by the Tertiary Education Commission. It con- tion, there has been a (variable) transformation sists of 16 partner research entities and is hosted of academic processes across the humanities, by The University of Auckland. The Centre social sciences, creative arts, commercial studies conducts research of relevance to Mäori com- and sciences so they are more responsive and munities and indigenous populations, and this responsible towards indigenous peoples and research is underpinned by the vision to unleash their knowledges. It should also be remembered the creative potential of Mäori peoples and that the book emerged out of a local context Whakamöhio. Introduction 9 that also produced the Mataatua Declaration new constitution for Aotearoa New Zealand. and the far-reaching Waitangi Tribunal (WAI) In examining the importance of constitutions as 262 claim regarding indigenous flora and instruments of indigenous self-determination, fauna and cultural intellectual property. Both she identifies local and international case law “protective” in intent, they are specifically and case studies from Bolivia and Ecuador to concerned with how indigenous knowledges support her case. Similarly Henry argues for are recovered and the appropriateness of their greater recognition of tikanga Mäori in the promotion. The Waitangi Tribunal’s weighty new Auckland “Supercity”, beyond the com- report, released in 2011, represents a mile- promise solution of the Independent Mäori stone in the protection of cultural property Statutory Board. She looks, instead, towards rights, although it will be at least 2–3 years the tikanga related to governance that was before the government formally responds to its expressed in the foundational documents of findings and many more years before it may, He Whakaputanga o te Rangatiratanga o Nu if it so desires, act on its recommendations. Tïreni (the Declaration of Independence of New Internationally, the United Nation’s World Zealand) of 1835, and the Treaty of Waitangi Intellectual Property Organisation (WIPO) has and Te Tiriti o Waitangi of 1840. Here, she held an unprecedented number of intergov- argues, are the precedents required to enable ernmental committee meetings, generating a appropriate indigenous decision-making at a number of reports and case studies, concern- local level. Both projects represent the authors’ ing the appropriate treatment and protection, wider research engagement with transformative particularly within commercial contexts, of models of governance for communities at a indigenous traditional knowledge, genetic number of different scales. resources and traditional cultural expressions/ Transformation for the improvement of folklore. Many of the recommendations from Mäori and Niuean wellbeing is also at the WAI 262 and WIPO suggest that indigenous heart of papers by Tracey McIntosh and Leon peoples have the right to be decision makers, Radojkovic, and Vili Nosa et al., respectively. rather than advisors, on matters related to their In exploring the nature of the intergenerational knowledges, reiterating Smith’s position and transfer of inequalities experienced by young that of many others who have preceded and Mäori people in the criminal justice system, followed her. It is not surprising then that more McIntosh and Radojkovic outline the role that than a decade on, Decolonizing Methodologies incarceration plays in cyclically constraining remains a seminal work for academics and its family life, health, employment and aspira- influence, and that of the context in which it tions. They pay particular attention to young was produced, can be seen through the work Mäori women, whose physical, social, psycho- and working methods presented in this book. logical, spatial and cultural needs have been Custom is the foundation of the indigenous marginalised despite their growing numbers in paradigm. Many indigenous people believe prisons. Nosa et al. trace the impact that the that it should also be the foundation for cen- introduction of alcohol and tobacco have had tral and local government, as is expressed by on the health, social wellbeing and national Valmaine Toki and Lena Henry’s contributions economy of Niue, and how these patterns of to this book. In the title to her paper, Toki dependency have been transferred to the New presents us with the question “Te Ao Mäori: Zealand Niuean community. Although both A constitutional right?”. For her, the answer is papers underline the negative influence that a resounding “yes”, which she explains through western culture has had on indigenous peo- an explanation of tikanga Mäori, or key cus- ples, McIntosh and Radojkovic are emphatic tomary values, that could form the basis for a that this type of knowledge about indigeneity 10 Indigenising Knowledge for Current and Future Generations
is not “a call to the return of a deficit lens to (house) according to the systems of its time, and Mäori research that further marginalises and the paper represents his preparation towards embeds stereotypes.” They instead argue that meeting their needs. “it is … essential that we do not shy away Cultural heritage management and enhance- from research areas that require a sustained ment are the needs addressed in the historical and engaged gaze.” Both papers identify areas studies of wharenui presented in two other where newer and better approaches can lead papers. In “Whare for Grabs: The sale of to real improvement, and indicate how future wharenui overseas, 1880–1965”, Ngarino research can address these needs. Ellis, La‘a Tamarau and Chloe Weavers trace Knowledge is imbedded in language, cus- the physical and cultural trajectories of four tom, the natural world and the human-made wharenui purchased and re-erected overseas, world, with each of these repositories in a rela- and evaluate the processes that have re/con- tional arrangement that enhances, what Te nected them with their original descendant Ahukaramü Charles Royal calls, their “crea- communities. The paper straddles many dis- tive potential”. It is perhaps not surprising ciplines (art history, architectural history, then that the wharenui Mäori (Mäori meeting museum studies, cultural heritage management) house), a taonga (treasure) that activates these in order to problematise a situation that has knowledge relationships is the subject for three generally been discussed as an appropriation of the papers in this book, each looking to the issue. In a global society, the authors ask, where past to create new futures. Tectonics, the way international travel is becoming more accessi- a structure can be understood through its mak- ble and diasporic indigenous communities are ing, is an emerging discipline with tremendous permanently settled overseas, what is the future community potential in terms of indigenous for these taonga and the knowledge systems architecture and engineering. In his paper, they represent? Bill McKay, Fiona Jack and “Polynesian Tectonics: Rebuilding the 19th cen- Taarati Taiaroa also look towards the future tury whare Mäori”, Jeremy Treadwell explains through the past in their careful reconstruction the processes and findings that have informed of the history of war memorial wharenui and his proposition for the post-tensioning of some wharekai (Mäori dining halls) for the purpose Mäori buildings. The recorded technological of establishing their place in the canon of archi- knowledge of elders has largely been treated tectural history and assisting their descendant as interesting dialogue rather than specific communities to obtain funding for their protec- information by anthropologists and historians, tion and maintenance. The paper challenges who have lacked the training to understand received academic knowledge that marae (tra- the systems being described. Similarly, the ditional meeting grounds) building projects elements of the systems themselves have built after World War Two were the tail end been treated as artefacts or art objects rather of Treaty of Waitangi centennial projects. They than working components or parts of larger explain that the buildings were part of a just constructions with spiritual, social and political as significant government-aided programme to functions. Treadwell proposes that some memorialise the loss of Mäori life in combat. As Mäori communities devised and developed, the authors’ indicate, their findings inspire other over hundreds of years, elegant and complex research projects. By examining architectural post-tension building systems that realised history, both papers illustrate the complexity of the full potential of available materials. His the knowledge systems they embody and also research journey has recently brought him to the complexity of the knowledge systems that the attention of a Mäori community requiring precede, surround and follow them. expertise to re-erect a 19th century whare Customary precedence, transformation of Whakamöhio. Introduction 11 wellbeing, and creative potential are three areas want to suggest that the recovery, protection in which indigenous knowledges can enhance and preservation of indigenous knowledges is indigenous mauri. As demonstrated by the now an academic, technical or legal exercise. papers in this book, knowledge recovery, pro- Respect for the community, its elders and our tection and promotion underpin needs-based built and natural environment remains para- research and engagement with communi- mount, and what the authors are offering here is ties. This can be a rich process for all parties assistance for communities where it is wanted. involved. In presenting this work we do not Indigenous knowledges are the empowering agent for current and future generations. Implementing Te Ao Mäori
An (indigenous) constitutional right?
Valmaine Toki
Abstract
In 2010 the New Zealand government endorsed the Declaration on the Rights of Indigenous Peoples. Viewed as the most significant document for indigenous peoples, the Declaration clarifies and places indigenous peoples within a human rights framework.1 This is significant for Mäori as it recognises the intrinsic fundamental human rights for indigenous peoples including that of culture and self-determination. In 2011, the National-led government is engagaged in a review of New Zealand’s Constitution. This provides an opportunity for the New Zealand government to recognise Te Ao Mäori (the Mäori world). With reference to comparative constitutions this paper suggests that implementing Te Ao Mäori within the Constitution of Aotearoa New Zealand is a constitutional and indigenous right for Mäori.
Introduction With respect to the recognition of the place of indigenous law John Borrows notes:3 According to Matthew Palmer:2 It’s a mistake to write about Canada’s con- A constitution is about power and how stitutional foundations without taking into it is exercised. A constitution is not just a account of law … you cannot create an accu- document. It is not even a document … a rate description of the law’s foundation in constitution is made up of the structures, pro- Canada by only dealing with one side of its cesses, principles, rules, conventions and even colonial history. [emphasis added] culture that constitute the ways in which … power is exercised. [emphasis added] In support of this Karl Llewellyn and E. Adamson IMPLEMENTING TE AO MÄORI 13
Hoebel observed:4 rangatira [leaders] that under the tino rangati- ratanga, they would retain absolute control Prior to reservation life Indian tribes possessed over their whenua [lands], käinga [living their own legal traditional and sophisticated places] and all of their taonga [valuables]; and ways of thinking about law and justice as a that the Queen would not interfere with their developmental process. [emphasis added] native laws nor customs but would appoint gentlemen to protect them and to prevent Tikanga Mäori (Mäori custom law) is the first them being cheated in the sale of their lands. law of New Zealand.5 New Zealand cannot [emphasis added] presently historically, legally or morally claim to be built upon European derived law alone. John Borrows notes that:12 Mäori (the indigenous peoples of Aotearoa New Zealand) adhered to Te Ao Mäori (Mäori First Nations legal traditions were the first laws world view) or tikanga Mäori as a discrete sys- of our countries and were not extinguished tem of law.6 Tikanga proscribed a set of rules through discovery, occupation, prescription, and regulations enforced through sanctions. or conquest; they could be viewed as retaining Case law7 and legal doctrine8 confirm the their force. Furthermore, when treaties are recognition of existing custom law upon colo- made they can be seen as creating an intersoci- nisation. Justice McLachlan (as she then was) etal framework in which first laws intermingle in dissent noted in R v Van der Peet:9 with Imperial laws to foster peace and order across communities. [emphasis added] The history of the interface of Europeans and the common law with aboriginal peoples is a Constitutional rights are derived from the peo- long one … Yet running through this history, ple themselves, it is a freedom granted by a from early beginnings to the present time is a State’s declaration of fundamental laws and golden thread – the recognition by the common may not be legally denied. Tikanga Mäori is law of the ancestral laws and customs of the intrinsic to Mäori. The recognition of tikanga aboriginal peoples who occupied the land prior Mäori provides a foundation for Aotearoa’s to European settlement. [emphasis added] legal system. Implementing Te Ao Mäori is a constitutional right. On 6 February, 1840, the Treaty of Waitangi, Part 1 of this paper outlines the existence viewed as a cornerstone of our constitution,10 of Te Ao Mäori/tikanga Mäori as the first law was first signed representing a partnership of New Zealand. The discussion of a specific between the Crown and Mäori. The two ver- example provides an insight to how tikanga sions have caused much debate over time. In Mäori, as a legal system, was implemented. To the English text, Mäori cede sovereignty to ascertain the legal standing of tikanga Mäori as the Crown. In the Mäori text, Mäori grant a discrete system of law, Part 2 discusses the “käwanatanga” or the right to govern Crown’s dynamic between tikanga and other sources affairs. Notwithstanding this perceived confu- of law. The recognised authority of Mäori to sion, the Treaty guaranteed to Mäori the right maintain their legal system has been recognised to their own legal system and tino rangatira- by the Treaty. Part 3 reviews the importance tanga (self-determination). of the Treaty and the desire of Mäori to seek According to Professor Anne Salmond:11 tino rangatiratanga and their right to imple- ment their own legal system. Supported by In their explanations … the missionaries and international indigenous jurisprudence and Lieutenant Shortland at Kaitaia assured the instruments, in conclusion, Part 4 draws on 14 Indigenising Knowledge for Current and Future Generations
comparative constitutions to provide compel- Tapu is:19 ling reasons to underpin the suggestion that the inclusion of tikanga Mäori within a constitution … a key concept in Polynesian philosophy … for New Zealand is a constitutional right; and a term … used to indicate states of restriction the concepts or principles should be included and prohibition whose violation will (unless to strengthen the laws of New Zealand and mitigated by appropriate karakia [incanta- promote harmony and healing.13 tions/prayers] and ceremonies) automatically result in retribution, often including the death of the violator and others involved, Part 1 directly or indirectly. Its specific meanings include “sacred, under ritual restriction, Te Ao Ma¯ori – Tikanga Ma¯ori – Ma¯ori prohibited”. Legal System14 Mauri is:20 For Mäori the legal system is sourced from Te Ao Mäori – the Mäori worldview. Intrinsic to Te A central notion in Mäori philosophy … in Ao Mäori is the cosmology and the creation sto- its abstract sense [it denotes] “the essence ries. This cosmology establishes the whakapapa which gives a thing its specific natural char- (relationships) between people, the environ- acter.… The meaning of the word is difficult ment and the spiritual world. The dynamic to grasp because it encapsulates two related between these elements underpin a mechanism but distinct ideas: the life principle or essential similar to that of a social constitution. quality of a being or entity, and a physical Tikanga Mäori15 has a prima facie mean- object in which this essence has been located. ing of “straight, direct, tied in with the moral Williams defines the abstract sense term first as connotations of justice and fairness including “life principle”… There is certainly no single notions of correct and right”.16 It is the collec- English word to express this concept. tion of correct practices that have been derived from the creation stories; it is a system pre- The principle of whakapapa is fundamental to scribing what is considered normal and right. Te Ao Mäori, the Mäori worldview. It was, and The creation stories assist to develop tikanga is, central to the identity of a Mäori individual; Mäori providing a “standard” or “precedent” that is, an individual is identified as part of a in the same sense as a legal precedent. The collective, linked by whakapapa. These collec- use and implementation of this standard or tives, or traditional organisational structures, “precedent” gives effect to kaupapa (ground are whänau (family), hapü (subtribe) and iwi rules).17 (tribe). Tikanga together with kaupapa provide a So, through a legal lens, tikanga is the legal framework within which further concepts, such structure that gives effect to basic principles as mana, tapu and mauri are given effect. Mana or ground rules,21 and concepts such as mana is defined as:18 and tapu assist to regulate the relationships or whakapapa between people, the environ- A key philosophical concept combining ment and the spiritual world within a legal notions of psychic and ritual force and vitality, framework or in accordance with tikanga. recognized authority, influence and prestige, The aim of tikanga Mäori is achieving bal- thus also power and the ability to control ance. The regulators, tapu and mana, assist to people and events. restore any imbalance. The following exam- ple illustrates how tikanga as a system law IMPLEMENTING TE AO MÄORI 15 administered the relationship between Mäori Kaitiaki: Ethic of care and the environment. Within that broad principle of whakapapa, Environment other concepts or regulators, such as kaitiaki, rähui (see definition below), tapu, mauri and Mäori, like other indigenous peoples, have mana, are employed. In order that the mauri a spiritual connection to the environment.22 and health of the resource remains strong, each Mäori perceptions of the environment and resource has their own kaitiaki or guardian. natural resources, such as fisheries, are sourced The role of kaitiaki is crucial in maintaining the in Mäori cosmology or creation stories. It is mauri of all life. In order to uphold their mana, this cosmology that governs the Mäori attitude kaitiaki must ensure the mauri of the resources towards the environment. under their care remain strong. If the kaitiaki In the creation stories, the separation of fails to ensure the health of resource then not Ranginui (sky father) and Papatüänuku (earth only will the resource suffer but the mana of mother) flooded the world with light. This the kaitiaki also decreases. It is incumbent on resulted in the formation of different ecosys- the kaitiaki to “do a good job”. tems including marine, freshwater and bush The land is regarded as a sacred trust or ecosystems. The separation of Ranginui and asset of people as a whole. The principle of Papatüänuku symbolises the ongoing struggle kaitiakitanga refers to the traditional office between different aspects of the environment.23 of guardian for the protection of taonga or As whakapapa relates Mäori to the envi- treasures. It requires managing the use, devel- ronment, these elements and ecosystems are opment and protection of natural and physical perceived as relations. The concept of whanaun- resources in a way or at a rate which enables gatanga extends this relational obligation to people and communities to provide for their non-human entities also. Everyone and every social, economic and cultural wellbeing while thing is related and each should treat each sustaining the potential of those resources to other with respect. The concept of utu (reci- meet the reasonably foreseeable needs of future procity) assists to restore any imbalance that generations.26 may occur;24 balance being the aim of tikanga Mäori. Conceptual Regulator: Ra¯hui – A form of tapu Concept of Mauri: Life force As the environment was passed to Mäori by Mäori developed customs to look after the tüpuna (ancestors), it is crucial to ensure its mauri of all natural resources to ensure their survival as taonga tuku iho (treasure) for the sustainable management. There is no con- generations to come. In accordance to the func- cept of ownership of resources, for instance a tions of kaitiakitanga, a resource may be placed fishery, just control over access and use. The under a rähui (ban) for a particular time or resource is recognised as taonga protected by reason – like a closed season. kaitiaki (guardians) who mediate the rela- A rähui served as a regulator or a protective tionships between that resource and people mechanism often by placing a resource under to maintain the mauri of that resource.25 It prohibition to allow for regeneration.27 An is from Te Ao Mäori and tikanga Mäori that example would be a rähui related to the sea- Mäori rights to resources, such as a fishery, are sons, so a ban would be placed on the taking established. of shellfish out of season, in order that stocks could replenish, a pragmatic approach. 16 Indigenising Knowledge for Current and Future Generations
Rähui could also set aside areas for a par- The new constitution redefines people’s rela- ticular purpose or function, for example certain tionship with nature by asserting that nature trees to be used for carving, or certain flax is not just an object to be appropriated and bushes for weaving. This area could be marked exploited by people, but is rather a rights- by a carved stick, a pou rähui, or other symbol. bearing entity that should be treated with Natural features could also mark the bounda- parity under the law. In this sense, the new ries of the area protected and word of mouth constitution reflects the traditions of indig- spread the existence of the ban. If breached the enous peoples living in Ecuador, who see sanction could be death. nature as a mother and call her by a proper Rähui are still used today; for example, name, Pachamama. [emphasis added] Ngäti Rehua as kaitiaki of Aotea (Great Barrier Island) and the environs adhere to a rähui for the seasonal harvesting of manu oi (muttonbird) Part 2 from the Pokohinu group of islands that lie west of Aotea. No one can set foot on the islands Tikanga: A recognised theory of law? during the bird’s breeding season. This type of rähui is generally only short-lived. Tikanga and Natural Law Necessity rather than desire would direct what could be harvested from the environ- On a very general level natural law theorists ment and what is taken must be put to good hold that law is properly understood as derived use. If the resource was not required then it from natural principles such as divine will and was untouched. However, if required, protocol the natural world.31 The legal system for Mäori must be adhered to in order to safely procure originates from Te Ao Mäori and embraces the that resource. creation stories that determine our relationship So the legal frameworks that Mäori would to each other, the environment and the spiritual advocate today, to protect the balance in the world, this is akin to Natural Law Theory; law natural world, would be that which accords is nature. Further as with natural law, tikanga with the concepts of kaitiakitanga and the pro- Mäori draws no disjunction between law and tection of mauri. To include this as part of a morality. constitution is not a novel indigenous view. In September 2008, Ecuador28 was the first Tikanga and Positivism country to give rights to nature in the consti- tution. The constitution included an article Positivism theorises that the law is properly that granted nature the right to “exist, persist, understood as the positive expression of those maintain and regenerate its vital cycles, struc- who make the law; the sovereign.32 The leader- ture, functions and its processes in evolution”29 ship and decision-making structures in Mäori and granted legal standing to any person to society did not correspond with Austin’s idea defend this in court. This constitution included of law as the command of a sovereign, as cited five articles acknowledging rights possessed by by Borrows:33 nature, or by “Pachamama”, a goddess revered by indigenous Andean peoples. Pachamama At its origin, a custom is a rule of conduct broadly translates as “Mother Earth” and in which the governed observe spontaneously, or this sense is analogous with Papatüänuku. On not in the pursuance of a law set by a politi- this recent acknowledgment, Dr Mario Melo cal superior. The custom is transmuted into commented that:30 positive law when it is adopted by the courts of justice… but before it is adopted by the IMPLEMENTING TE AO MÄORI 17
courts and clothed in legal sanction it is merely cosmology and Te Ao Mäori establish legal a rule of positive morality, a rule generally precedent but are also subject to change. observed by the citizens … but deriving the only force, which it can be said to possess, Common Law from the general disapprobation falling on those who transgress it. [emphasis added] Like common law a function of tikanga is to enforce collective mores in order for commu- However, not all law is seen as valid if flowing nities to live in peace and to attain stability.38 from a sovereign. The Mäori social structure Another similarity is the importance of prec- revolves around the whänau or extended family edent. The nature of tikanga depends on and the hapü is the primary social and eco- reference to traditional use and practice. This nomic unit. Tikanga as a discrete system of is also the foundation of common law. law focused on communities – societies based The nature of the Mäori legal system is value around smaller social-political groupings and based, rather than rules based. The advantage economies. The smaller size of the group antici- of custom law systems over a rules based system pated consensual enforcement of laws, rather that relies on written law and statutes is the flex- than by objective courts and juries. Upon a ibility of the former to disregard a custom when stalemate in consensual negotiations, rangatira it becomes unpalatable, outdated or inconven- (leaders with mana) would exercise their influ- ient.39 It could be easier to effect change where ence to make a decision. society decides they no longer wish to support Arguably tikanga Mäori, a values based a particular custom, when compared with the doctrine, provides criteria against which other lengthy process of effecting legislative change; values are assessed against aligning with Hart’s for example, by way of lobbying officials and rule of recognition.34 However, the fluidity of referenda. tikanga Mäori to change and adapt to new There is also, however, an aspect of tikanga situations limits this alignment. Nonetheless, that is empirical; that it is made and enforced according to Mamari Stephens:35 having regard to practical observations as to the world around us. This allows some flexibility in …his [Hart’s] rule of recognition also exists the application of law emanating from princi- subjectively in the beliefs of officials that they ples rather than rules, which again is pragmatic are bound by it. For those who perceive the for a small scale society where citizens need to internal aspect of tikanga, fluidity presents no be aware of circumstances such as the state of fatal uncertainty. the crop or warfare. Indigenous traditions have been incorporated Hart’s rule of change caters for the ability of a to further define the parameters of common legal system to introduce a new primary rule and law.40 It would then follow that tikanga Mäori adapt rules already in use.36 Tikanga Mäori pro- could also be used to inform the common law. vides the ability of the decision maker to adapt According to Gordon Christie:41 values providing tikanga was maintained.37 These similarities between tikanga Mäori and Indigenous legal scholars … have vital work positivism, although tenuous, provide synergy. to do in revealing ways in which the dominant If we are to make any analogy with Western system has functioned to trap indigenous aspi- concepts of jurisprudence, tentatively, tikanga rations within webs of theory and principle lies between natural law and positivism. There … and articulating how indigenous under- is a belief in the nature of humankind and the standings and conceptualisations underpin the way we should and do act. Laws derived from theoretical perspectives …. [emphasis added] 18 Indigenising Knowledge for Current and Future Generations
Tikanga: Case law And further Williams notes:
Like New Zealand,42 Canada was regarded as a Prendergast C. J. and Richmond J. had settled territory43 and vacant upon foundation. opined in 1877, that “the supreme executive This is the view maintained by scholars and also Government must acquit itself as best it may, by the courts.44 Scholars like Austin have tended of its obligation to respect native proprietary to belittle customs because societies who follow rights, and of necessity must be the sole arbiter them have been inappropriately labelled as infe- of its own justice.” [emphasis added] rior or even savage.45 According to Borrows:46 However, Borrows comments that:50 While indigenous peoples lived in the terri- tory prior to its colonisation it has been said Indigenous legal traditions will not receive the that “their laws and customs were either too respect they deserve if governments, courts, unfamiliar or too primitive to justify compel- lawyers, political scientists and law professors ling British subjects to obey them”. [emphasis fail to more fully articulate their place in our added] country. [emphasis added]
Notwithstanding the views of these contempo- Tikanga Mäori is now marginalised in New rary scholars, Williams notes that in respect of Zealand’s legal system via three avenues: the the indigenous Cheyenne peoples:47 doctrine of aboriginal title; through the pas- sage of domestic legislation; and via Te Tiriti Cheyenne … demonstrated the “juristic o Waitangi / the Treaty of Waitangi (Law beauty” … underlying assumption that the Commission Report). Cheyenne were not stereotypical lawless savages but sophisticated legal thinkers and actors showed that the evolution and practice Part 3 of law among the so called primitive peoples of the United States was far more advanced and Implementing Tikanga Ma¯ori – A nuanced than had been generally supposed. Treaty right? [emphasis added] The Treaty stands on its own as a source of This is not the line of reasoning expressed in rights and obligations between Mäori and early New Zealand case law. Regarding the 1877 the Crown51 and its underlying principles are Supreme Court decision of Wi Parata v Bishop of those of partnership, protection and partici- Wellington48 Professor David Williams notes:49 pation. The Treaty has a significant moral, spiritual and legal force.52 It has been described In the judgment of Prendergast C. J. and as “simply the most important document in Richmond J., delivered by the Chief Justice, New Zealand’s history”,53 and “part of the the 1841 Ordinance was said to “express the fabric of New Zealand society”.54 It is also well-known legal incidents of a settlement viewed as a vehicle for Mäori to negotiate the planted by a civilised Power in the midst of ongoing constitutional development of New uncivilised tribes.” The Treaty of Waitangi Zealand prescribing a relationship in the form was dismissed “as a simple nullity. No body of economic, political and cultural rights. The politic existed capable of making a cession of Crown’s duty to Mäori is analogous with a sovereignty, nor could the thing itself exist.” fiduciary duty that informs, by analogy, the [emphasis added] key characteristics arising from the relationship IMPLEMENTING TE AO MÄORI 19 between Mäori and the Crown including that roles with “responsibilities analogous to fiduci- of reasonableness and consultation.55 aries”63 including the support for the inclusion of tikanga Mäori within the Constitution. The Text Referring to Richardson’s comments, Gendall stated:64 The Mäori version of Te Tiriti o Waitangi/the Treaty of Waitangi provides the Crown with The Lands case recognises that the Treaty the right to govern, a delegated power subject created a continuing relationship of a fiduci- to continuing Mäori authority (Article 1).56 It ary nature, akin to a partnership, and that enables continuing rangatiratanga and Crown there is a positive duty to each party to act in protection of rangatiratanga of Mäori tribes good faith, fairly, reasonably and honourably over their possessions and taonga including towards the other. intangibles such as language and culture. This includes the right of development (Article 2). However, the principles of the Treaty are sub- In the English version of the Treaty, Mäori ject to the constitutional norm of Parliamentary ceded sovereignty to the Crown (Article 1), sovereignty,65 which gives little status to retained full and exclusive and undisturbed rangatiratanga. possession of their lands and estates, forests, fisheries and other properties as long as they Implementing Tikanga Ma¯ori – An wanted to retain those resources (Article 2) and international indigenous right were provided equal citizen rights in Article 3.57 Notwithstanding this confusion it is generally In 2010 the New Zealand government endorsed acknowledged that Mäori were to retain their the Declaration on the Rights of Indigenous right to their legal system. Peoples. The Declaration does not create any new rights66 but it is the only international Status in Law instrument that views indigenous rights through an indigenous lens. The Declaration simply Initially viewed as a simple nullity,58 the ortho- affirms rights derived from human rights prin- dox view on the legal status of the Treaty is ciples such as the recognition of culture and that unless it has been adopted or implemented self-determination. by statute, it is not part of our domestic law Article 5 supports the right of indigenous and creates no rights enforceable in court. In peoples to maintain their culture and provides: Te Heu Heu Tukino v Aotea District Mäori Land Board (1941), Viscount Simon LC, Privy Indigenous peoples have the right to maintain Council ruled that:59 and strengthen their distinct political, legal, economic, social and cultural institutions, It is well settled that any rights purported to be while retaining their rights to participate fully, conferred by such a Treaty of cession cannot if they so choose, in the political, economic, be enforced by the Courts, except so far as social and cultural life of the State. [emphasis they have been incorporated in municipal law. added]
It is the “Principles of the Treaty”60 that are Article 11 provides the right to renew their referred to in legislation61 and policy docu- culture: ments62 rather than the text of the Treaty itself. The principle of active protection reflects the 1. Indigenous peoples have the right to prac- purpose of the Treaty, where the Crown has tise and revitalise their cultural traditions and 20 Indigenising Knowledge for Current and Future Generations
customs. This includes the right to maintain, The significance of the Declaration lies in its protect and develop the past, present and effect. The Declaration provides a benchmark, future manifestations of their cultures, … as an international standard, against which indigenous peoples may measure state action. 2. States shall provide redress through effective State breach of this standard provides indig- mechanisms, which may include restitution, enous peoples with a means of appeal in the developed in conjunction with indigenous international arena. Nonetheless, the orthodox peoples, with respect to their cultural, intel- view is that the Declaration is soft law67 and will lectual, religious and spiritual property taken not be legally binding upon the state68 unless without their free, prior and informed consent it is incorporated into domestic legislation. or in violation of their laws, traditions and The doctrine of state sovereignty provides a customs. [emphasis added] restriction on international instruments, such as the Declaration, to regulate matters within Notably Article 8 supports this right with the realm of the state.69 the provision of redress if culture has been destroyed: Implementing Tikanga: A right of tino rangatiratanga or self-determination? 1. Indigenous peoples and individuals have the right not to be subjected to forced assimila- Representing ideals as opposed to fixed stand- tion or destruction of their culture. [emphasis ards, tino rangatiratanga and self-determination added] can both be viewed as aspirational rights that recognise and affirm forms of indigenous 2. States shall provide effective mechanisms authority prior to colonisation.70 There are for prevention of, and redress for: differences, however, between the two rights. (a) Any action which has the aim or effect of The major difference is that tino rangatira- depriving them of their integrity as distinct tanga is guaranteed to Mäori in Te Tiriti o peoples, or of their cultural values or ethnic Waitangi.71 However, like sovereignty, tino ran- identities; gatiratanga can be extinguished.72 In contrast, self-determination is a generic, international The Declaration’s most notable Article 3 law norm, relatively new in its application in provides: New Zealand and, unlike tino rangatiratanga, self-determination cannot be extinguished, it Indigenous peoples have the right of self-deter- can only be repressed or denied.73 As a Mäori mination. By virtue of that right they freely concept tino rangatiratanga is nuanced with determine their political status and freely Mäori custom, whereas self-determination is pursue their economic, social and cultural a generically indigenous term. Although the development. implementation of both terms infers legal plu- ralism,74 tino rangatiratanga will always remain The articles above combine to provide Mäori a Mäori principle exercised primarily through with substantial grounds for recognition of an indigenous perspective.75 Despite these con- their culture. Article 3 suggests that in seek- ceptual differences, self-determination supports ing self-determination, the inclusion of culture and complements tino rangatiratanga and its or tikanga Mäori within a Constitution for goals. It does not facilitate radical change to Aotearoa New Zealand could be the appro- the nature of existing indigenous Mäori rights. priate vehicle for Mäori to maintain their Returning to an indigenous legal tradition is culture. central to a claim to self-determination.76 IMPLEMENTING TE AO MÄORI 21
Notwithstanding the right of self-determi- Indigenous peoples and individuals have the nation to implement constitutional indigenous right to belong to an indigenous community rights, for Mäori, comparative jurisdictions or nation, in accordance with the traditions including Bolivia and Ecuador implore concepts and customs of the community or nation con- of plurination and interculture within their cerned. No discrimination of any kind shall constitutions to achieve the same. arise from the exercise of such a right.
The ability of indigenous peoples who claim Part 4 membership of an indigenous nation is not to be impaired in their right to hold citizenship of Comparative Constitutions the State in which they live.82 The Bolivian Constitution cements many of Bolivia the rights outlined in the Declaration on the Rights of Indigenous Peoples,83 which supports The Constitution of Bolivia provides:77 indigenous self-government and self- determi- nation. Importantly, the constitution affords Cultural diversity is an essential founda- indigenous people, organised in an autonomous tion of the Plurinational State Community. territory, the right to compose their own stat- Interculturality is the instrument for cohe- utes, provided these do not violate any laws or sion and harmony and balance between all the constitution. peoples and nations. Interculturality will take The Bolivian Constitution provides: place with respect to differences and equal footing. Article 30
The 1994 constitutional reform recognised It is a right of the nation, peoples, and the Bolivia, as an alternative to the nation-state, as original indigenous peasant community to a plurinational state.78 It offers the coherence share human cultural identity, language, tradi- of the state but allows for difference by way of tion, institutions, territoriality and worldview, indigenous “nations” in a way that the assimi- which existed prior to the Spanish colonial lationist tendency of nationalism does not. It is invasion … Within the unity of the State and a recognition of the ethno-ecological identity in accordance with this Constitution nations of the indigenous peoples of the plurination.79 and original indigenous peasants enjoy the A concept originally developed by CONAIE,80 following rights: … plurinationality is defined as:81 2. To cultural identity, religious belief, spir- The recognition of a multicultural society ituality, practices and customs, and their own in the insoluble political unity of the state cosmovision. that recognises and promotes unity. Equality and solidarity among all existing peoples and 3. To the cultural identity of each member, nationalities … regardless of their historical, if they so wish, to register with Bolivian political and cultural differences. citizenship in his identity card, passport or other identification documents with legal The concept of an indigenous “nation” existing validity.84 within the nation-state is affirmed in Article 9 of the Declaration on the Rights of Indigenous 4. To self-determination and territoriality85… Peoples: 22 Indigenising Knowledge for Current and Future Generations
8. To create and manage systems, media and The embrace of these articles, it is asserted, communication networks themselves.86 would lead to a re-imagining and re-founding of the state by abandoning conventional devel- 9. To their wisdom and traditional knowl- opment narratives based on state and private edge, traditional medicine, their languages, ownership. Instead, a collective and relational their symbols and rituals and costumes are worldview would be cultivated focusing on the valued, respected and promoted87… aims of solidarity, complementarity, coopera- tion, and in particular self-determination. These 14. To the exercise of their political, economic concepts combine with the aim of achieving the and legal rights according to their worldview. indigenous term “sumak kawsay / suma qamaña” (living well) included in their constitution. 15. To be consulted through appropriate “Living well” is ecocentric and holistic in procedures and in particular through their nature, based on an ontological assumption of institutions, each time legislative or adminis- “relationality”; that “all beings exist always trative measures which may affect them are in relation and never as ‘objects’ or individu- proposed. In this framework, respect and als”.90 This relational understanding is also guarantee the mandatory right to prior con- at the core of nature as Pachamama.91 Arturo sultation made by the State, in good faith and Escobar suggests that a relational worldview concluded, with respect to resource exploita- must lead to a “politics of responsibility” that tion of non-renewable natural resources in is “a sequitur of the fact that space, place, and the territory they inhabit.88 [emphasis added] identities are relationally constructed.”92 A relational awareness such as this compels us to act responsibly towards all other living beings, By implementing many articles from the human and non-human. Declaration on the Rights of Indigenous The conception of nature as Pachamama, Peoples, within the Bolivian Constitution, it the Mother Earth deity is pivotal to the concept substantiates a clear acceptance and support of of “living well”. This precept has little in the the fundamental rights and freedoms of indig- way of formal definition. Like tikanga Mäori, enous peoples including that of respect and it is considered as the verbalisation of ancient promotion of traditional knowledge. principles that are to be lived and internalised by following and setting good examples, not Ecuador purely by intellectualisation. Importantly, these principles are advanced as a choice between The Ecuadorian Preamble encapsulates the living in harmony with nature or causing imbal- alternative nature of this constitution. The ance that will harm not only oneself but the common denominator is the idea of increased community. This is analogous with the aim inclusion of people and nature in a participatory of tikanga Mäori as balance. In more familiar democratic project.89 Drawing on the common- terms “living well” includes the concepts of ality of a global culture the constitution aims to ecology, relational rights, and decolonisation construct an ecological citizenship recognising in “an ancestral practice of respectful coexist- the interconnectedness of all peoples to nature. ence with nature, society and human beings”.93 A recognition of “ancient roots” invokes a rec- ognition of the interconnectedness of humans Sumak kawsay: “Living well” with all nature as embodied in Pachamama, Mother Earth, a concept closely aligned with Indigenous rights in the Constitution of Ecuador Papatüänuku for Mäori. are not discussed separately, they are implicit in IMPLEMENTING TE AO MÄORI 23 the concept of sumak kawsay and the scheme economic, environmental and cultural, with of development which implements it. Sumak an order land that will ensure conservation kawsay is referred to five times in the 2008 and protection of ecosystems and the principle Constitution, once in the preamble and in four of sumak kawsay. articles. Remarkably, in the section on develop- ment, it is cited as the primary consideration Remarkably, the constitution creates a National guiding decision makers: Development Scheme that articulates sumak kawsay as the fundamental objective of devel- Article 14: Recognises the right of population opment provided for in Article 275. One of to live in a healthy environment and ecologi- the main concerns with the statement of a gen- cally balanced, to ensure sustainability and eral principle that is not amenable to clear good living, sumak kawsay. Declares the pres- and easy interpretation in the context of an ervation of public environmental conservation existing, property-focused legal system is of ecosystems, biodiversity and integrity of that it is left to be defined, interpreted and heritage the country’s genetic patrimony, pre- implemented in a non-specific time frame and venting environmental damage and [assuring] manner. Alternatively, this flexibility may be a recovery of degraded natural areas. significant advantage, allowing the concept to be adapted to novel situations and emerging Although the right to a healthy environment is social perspectives without the concepts being codified in other constitutions, the Ecuadorian “frozen” in time:97 Constitution is unique in connecting the envi- ronment to cultural/spiritual precepts in the Article 275: The development scheme is realisation of the sumak kawsay. This is an organized, sustainable and dynamic eco- example of the framing of otherwise rather nomic systems, political, socio-cultural and ephemeral principles in the language of rights. environmental which guarantee the realiza- This “transculturation”94 serves two purposes. tion of the good life of sumak kawsay. The First, it makes the rights justiciable. Although National Development Scheme is to ensure the sumak kawsay will be interpreted and implementation of the rights, the objectives practiced in ways unique to the Amerindian of the development scheme and principles peoples living relatively autonomously in the enshrined in the Constitution. Facilitate plan- Amazon and remote Andean regions, it will ning social and territorial cohesion, promote also increasingly be brought for determination consultation, and will be participatory, decen- in the courts.95 Second, it brings the system of tralized, devolved and transparent. The good rights into line with the international regime life requires that people, communities, peo- of rights as expressed in the ILO Convention ples and nationalities effective enjoyment of 169, second and third generation rights of the their rights and exercise responsibilities in Universal Declaration of Human Rights and the the context of multiculturalism, respect for International Covenant on Economic, Social their diversity, and peaceful coexistence with and Cultural Rights.96 nature.
Article 250: The territory of the provinces There is an extensive decentralisation of power Amazon is part of an ecosystem necessary for to localities with the freedom to choose rep- the balance of the environment of the planet. resentative, direct, communal or indigenous This territory constitute a constituency land versions of democracy for governance of local for which there is special planning a collec- affairs.98 Indigenous groups are able to practise tion a law which will include aspects social, their own traditional justice in their territories 24 Indigenising Knowledge for Current and Future Generations
and their decisions and punishments are to be only 15 percent of the population, and as part respected by state bodies except where they of the minority the realisation of Te Ao Mäori substantially clash with other provisions of the within a constitution is more problematic. constitution. Notwithstanding the issue of Mäori as the But the sumak kawsay is not rooted solely minority, Ngäi Tühoe have always sought tino in “ancient” or “traditional” practices. Article rangatiratanga within Aotearoa and provide an 387 makes it the responsibility of the state to example of the fundamental Bolivian aspira- promote and generate knowledge in terms of tions of plurinationality and interculturality. the “good life” through science and technology The Urewera District Native Reserve Act 1896 but also to “rescue” traditional, indigenous (Urewera Act) provided for the “ownership and knowledge: local government of the native lands in the Te Urewera district”.100 In recognition of the exist- Article 387: It shall be the responsibility of ing tikanga of Ngäi Tühoe the preamble noted: the State to: It is desirable in the interests of the Native race […] 2. Promote the generation and production that the Native ownership of the Native lands knowledge, foster scientific and technological constituting the Urewera District should be research, and promote traditional knowledge, ascertained in such manner, not inconsistent thus contributing to the achievement of the with Native customs and usages, as will meet good life as sumak kawsay; and the views of the Native owners generally and the equities of each particular case, and also […] 4. Ensuring freedom of establishment and that provisions be made for the local govern- research in the framework of respect to ethics, ment of the said district. nature, environment, and rescue of ancestral knowledge. This clear statutory recognition, of traditional customary structures within the traditional area How Does This Relate to or Te Rohe Pötae101 of Ngäi Tühoe, provided Implementing Te Ao Ma¯ori? internal self-government through local govern- ment protecting the Ngäi Tühoe from external Concepts such as balance, harmony, and healing alienation. However “the Act was designed not are intrinsic to the philosophy of all indigenous to guarantee autonomy to Ngäi Tühoe, but to peoples. For Bolivia and Ecuador, appealing to open up Te Urewera to the Europeans”:102 environmental values provides a conduit for the recognition of indigenous values within a Government policy, however, was firmly constitution. Bolivia and Ecuador have imple- focused on the purchase of Urewera land, mented indigenous values and an indigenous not on the promotion of Mäori development worldview within their constitutions. Due to of land and agricultural enterprise (in spite of the similarities between tikanga Mäori and con- Tühoe efforts at Ruätoki). This came in spite cepts including “living well” it is suggested that of Ngata’s assurances in Parliament that sec- both the Bolivian and Ecuadorian constitutions tion 8 of the Urewera Amendment Act 1909 provide compelling reasons for the implementa- was “for the purpose of promoting settlement tion of Te Ao Mäori as a constitutional right. on their lands by Natives themselves”. From The majority of the Bolivian population this point onward, Tühoe non-sellers were (estimated 60 percent)99 are of indigenous origin placed in a position of reacting to and protest- and these values are reflected in the Bolivian ing against aggressive Government purchase Constitution. Mäori in comparison comprise policy in the Urewera. IMPLEMENTING TE AO MÄORI 25
During the reading of the Bill, Leader of the peoples resonating similar concepts to tikanga Opposition Captain Russell focused on the illu- Mäori such as the importance of Earth Mother, sion that Tühoe would be given self-governance balance and harmony. Constitutional rights are and states the Bill:103 derived from the people themselves. Tikanga Mäori is intrinsic to Mäori and the concepts or pretends to confer upon the Native people the principles should be included to strengthen the complete isolation and control of a portion of laws of New Zealand and promote harmony the country about 665,000 acres in extent, but and healing. Implementing Te Ao Mäori is I am happy to say it will do no such thing…. a constitutional right. In view of the recent To give effect to this Bill we have to make a endorsement of the Declaration on the Rights district win which the land-law of the Native of Indigenous Peoples it is recommended that people shall be absolutely different from that the current constitutional reform undertaken in any other part of the colony. [emphasis by the New Zealand government give more added] consideration to these indigenous values.
Tühoe were granted something far less than self-government. The aspirational beginnings of Endnotes the Urewera Act resulted in legislation with the purpose of gaining land ownership.104 1. Rainforest Foundation US. Promoting Indigenous Unfortunately the overlaying of non-indig- Rights Worldwide: S. James Anaya; 2009. Blogging the Rainforest. http://rainforestfoun- enous values such as individualism has led to dationus.wordpress.com (accessed 31 Jan 2011). conflict and marginalisation of these fundamen- 2. See McDowell, M.; Webb, D. The New Zealand tal indigenous values. To imbue plurination, Legal System; Wellington: Lexis Nexis, 2008. concepts based on state and private ownership 3. Borrows, J. Canada’s Indigenous Constitution; would need to be abandoned in favour of con- Toronto: University of Toronto Press, 2010; cepts underpinned by a relational worldview, p 15. one that is closely aligned with the indigenous 4. Llewellyn, K. N.; Adamson Hoebel E. The Cheyenne Way: Conflict and Case Law in worldview. It is suggested that the implementa- Primitive Jurisprudence, 7th edition; University tion of Te Ao Mäori within a constitution could of Oklahoma Press, 1983. As quoted in Austin, ameliorate this situation. J. Navajo Courts and the Navajo Common Law: A Tradition of Tribal Self-Governance; Minneapolis: University of Minnesota Press, Conclusion 2009; p 1. 5. Mikaere, A. The Treaty of Waitangi and Recognition of Tikanga Maori. In Waitangi Tikanga Mäori is the first law of Aotearoa Revisited: Perspectives on the Treaty of Waitangi; New Zealand. However Tikanga Mäori is now Belgrave, M., Kawharu, M., Williams, D., marginalised in New Zealand’s legal system via Eds.; Australia: Oxford University Press, 2005; three avenues: the doctrine of aboriginal title; p 330. through the passage of domestic legislation; and 6. Law is a system of rules, usually enforced through via Te Tiriti o Waitangi / the Treaty of Waitangi a set of institutions. See McDowell & Webb above n 2, 10. (Law Commission Report). International 7. See R v Van der Peet [1996] 2 S.C.R. 507. See also instruments such as the Declaration on the Attorney General v Ngati Apa [2003] NZCA Rights of Indigenous Peoples affirm the right of 117. indigenous peoples to their culture and tradi- 8. For instance the doctrine of aboriginal title. See tions. The constitutions of Bolivia and Ecuador McHugh, P. Aboriginal title in New Zealand have incorporated these rights for indigenous courts. 2 UCLR, 1984. 26 Indigenising Knowledge for Current and Future Generations
9. R v Van der Peet [1996] 2 S.C.R. 507 at para Masterton: Estate of Rev. Maori Marsden, 2003; 263. As cited by Borrows above n 3, 15. pp 24–54. 10. Thomas, E. The Treaty of Waitangi: E W Thomas 25. Marsden ibid at pp 54–73. reviews Matthew Palmer’s book. In NZLJ [2009] 26. Analogous to the purpose of the Resource 277. Management Act 1991 contained in section 5. 11. See Salmond, A. Brief of Evidence Given. Wai 27. See Fisheries (Kaimoana Customary Fishing) 1040, p 87, April 2010. Regulations 1998 which allows for the imple- 12. Borrows above n 3, p 21. mentation of a rähui for stock regeneration. As 13. Harmony, healing and balance are principles an example, in Ohiwa Harbour the green-lipped intrinsic to indigenous legal systems. mussel beds closed until 20 July 2008. However, 14. As a Mäori academic writing and teaching within the tangata whenua (the people of the land) this area most of the material on tikanga Mäori requested that these beds remain closed for a is sourced from common knowledge, supported further two years. through körero [speech] on marae and wänanga 28. See Part 3 for further discussion. throughout Aotearoa New Zealand. I would 29. Refer to Article One which states “Where life like to acknowledge all the kuia and kaumätua is reproduced and exists, has the right to exist, (elders) who have generously shared their wis- persist, maintain and regenerate its vital cycles, dom. I do not choose to represent this whakaaro structure, functions and its processes in evolution. (idea) as my own but one that is sourced from Every person, people, community or nationality, iwi katoa (everybody). will be able to demand the recognition of rights 15. See New Zealand Law Commission. Mäori for nature before public institutions. The appli- Custom and Values in New Zealand Law NZLC cation and interpretation of these rights will SP9; Wellington, 2001. See also Williams, H. W. follow the related principles established in the A Dictionary of the Maori Language, 7th ed.; Constitution.” Wellington: Government Printer, 1971. 30. Dr Melo, a lawyer specialising in Environmental 16. Te Matapunenga: A Compendium of References Law and Human Rights and an advisor to to the Concepts and Institutions of Maori Fundación Pachamama-Ecuador, as cited in Customary Law, compiled and edited by Mychalejko, C. Ecuador's Constitution Gives R. Benton, A. Frame and P. Meredith, for Te Rights to Nature. http://upsidedownworld.org/ Matahauariki Institute. Forthcoming in 2012 main/ecuador-archives-49/1494-ecuadors-con- Victoria University Press, p 393. stitution-gives-rights-to-nature last (accessed 15 17. Kaupapa derives from “kau” which means to August 2010). appear for the first time or be disclosed, while 31. See Fuller, L. The Morality of Law; Yale papa is a reference to the Earth or Papatüänuku, University Press, 1969 for further discussion. so together kaupapa means ground rules or first 32. See Hart, H. L. A. The Concept of Law, 2nd ed.; principles. See Marsden, M. The Natural World New York: Oxford University Press, 1997 for and Natural Resources. In The Woven Universe: further discussion. Selected Writings of Rev Maori Marsden; 33. Borrows above n 3, 12. Royal, C., Ed.; Masterton: Estate of Rev. Maori 34. See Hart above n 32. Marsden, 2003. 35. Stephens, M. Maori Law and Hart: A Brief 18. Above n 16, p 136. Analysis. 32 VUWLR 2001, 859. 19. Ibid at p 368. 36. Hart above n 32. 20. Ibid at p 203. 37. Stephens above n 35. 21. Marsden ibid. 38. See for further discussion Joseph, R., Re-Creating 22. See also Ulrich Klein, Belief-Views on Nature – Legal Space for the First Law of Aotearoa-New Western Environmental Ethics and Maori World Zealand. In Waikato Law Review: Taumauri Views (2000) 4 NZJEL 81 for general discussion. (Vol. 17, 2009) pp 74–97. 23. See Paterson, J. Exploring Maori Values; Victoria: 39. This allies with Hart’s concept of secondary rules Thomson Dunmore Press, 2005; pp 143–154 for allowing for change to laws. general discussion of these concepts. 40. See Austin, R. Navajo Courts and Navajo Common 24. See Marsden, M. The Natural World and Natural Law: A Tradition of Tribal Self Governance; Resources. In The Woven Universe: Selected Minneapolis: University of Minnesota Press, Writings of Rev Maori Marsden; Royal, C., Ed.; 2009; p xxii for further discussion. IMPLEMENTING TE AO MÄORI 27
41. Christie, G. Indigenous Legal Theory. In Professor Dame Anne Salmond to the Waitangi Richardson, B., Imai, S., McNeil, K., Eds.; Tribunal. Wai 1040, 17 April 2010, p 25. Indigenous Peoples and the Law: Comparative 57. Article 3 in both versions of the Treaty provide to and Critical Perspectives; Portland: Hart Mäori the rights and privileges of British citizens. Publishing, 2009; p 231. 58. Wi Parata v Bishop of Wellington (1877) 3 42. Despite the Treaty travelling around the country NZJur (NS) 72 at 78 per Prendergast, C. J. and receiving further signatories, Hobson on 21 However see also The Queen v Symonds (1847) May 1840 declared the sovereign rights of Britain NZPCC(SC), per Chapman J. at 390 for earlier in two proclamations. One proclaimed sover- recognition of native title at common law and eignty over the North Island by virtue of cession consideration of the Treaty. under the Treaty of Waitangi and the other over 59. [1941] 2 All E.R. 93 at p 98; also [1941] NZLR the South Island on the ground of discovery. The 590. British Government acknowledged this where 60. See decision of Cooke, P. in NZMC v AG [1987] the proclamation was published in the London 1 NZLR 641. Gazette on 2 October 1840. 61. For example, Section 4 Conservation Act 1987; 43. See Wi Parata v Bishop of Wellington (1877) Section 9 State Owned Enterprises Act 1986. 3 NZ Jur (NS) (SC) 72; see also discussion in 62. For example, see the policy for the Office for Williams, D. Wi Parata is dead, long live Wi Disability Issues where the Treaty underpins Parata. In Mäori property rights and the fore- the development of their Strategy and is consist- shore and seabed: The last frontier; Erueti & ent with the relevant principles of the Treaty. Charters, Eds.; Wellington: VUP, 2007. Available at http://www.odi.govt.nz/publica- 44. See Cote, J. E. Reception of English Law. 25 tions/nzds/discussion-document/tow.html Alberta Law Review 29, 38. 63. [1987] 1 NZLR at 664 per Cooke, P. (CA). 45. Austin, J. The Province of Jurisprudence 64. New Zealand Mäori Council v Attorney-General Determined, vol 2, 2nd ed. Rumble, W., Ed.; HC Wellington CIV-2007-485-95, 4 May 2007, 1832; reprint, Cambridge: Cambridge University at [62]. Press, 1995; p. 178 as cited in Borrows above n 65. See Constitution Act 1986 section 15 (1) which 3, 12. states “[t]he Parliament of New Zealand contin- 46. Borrows above n 3, 13. ues to have full power to make laws”. 47. Austin above n 39, 1. 66. The rights affirmed are those derived from 48. Wi Parata v Bishop of Wellington (1877) 3 NZ human rights principles that are deemed of uni- Jur (NS) (SC) 72. versal application, such as those contained in the 49. Williams, D. Wi Parata is dead, long live Wi Universal Declaration of Human Rights. Parata. In Mäori property rights and the fore- 67. The term “soft law” refers to quasi-legal instruments shore and seabed: The last frontier; Erueti & which do not have any legally binding force. The Charters, Eds.; Wellington: VUP, 2007. term is traditionally associated with international 50. Borrows above n 3, 180. law including most Resolutions and Declarations 51. See Te Heu Heu Tukino v Aotea District Mäori of the United Nations General Assembly. Land Board [1941] NZLR 590 for further 68. Brownlie, I. Principles of Public International discussion. Law, 7th ed.; Oxford: Oxford University Press, 52. See discussion below “Status in Law” for further 2008; p 4. discussion. 69. See Anaya, J. The Rights of Indigenous People to 53. Sir Robin Cooke “Introduction” (1990) 14 Self-Determination in the Post-Declaration Era. NZULR 1, 1–8. In Making the Declaration Work: The United 54. See Huakina Development Trust v Waikato Nations Declaration on the Rights of Indigenous Valley Authority [1987] 2 NZLR 188 especially Peoples; Charters, C., Stavenhagen, R., Eds.; at 206, 210. But see also the obiter reservations of Copenhagen: International Working Group for Casey and Hardie Boys J. J. in Attorney General Indigenous Affairs, 2009; p 194. v New Zealand Mäori Council (No 2) [1991] 2 70. See Toki, K. What a Difference a Drip Makes: NZLR 147 at 149. The Implications of Officially Endorsing the 55. NZMC v Attorney General [2008] NZLR 318 United Nations Declaration on the Rights of (CA) per O’Reagan at para [81]. Indigenous Peoples. 2010, 16 Auckland UL Rev, 56. See Brief of Evidence given by Distinguished 243–273. 28 Indigenising Knowledge for Current and Future Generations
71. See Kawharu, I. H. Literal Translation of the 83. UNDRIP, GA Res 295 UN GAOR, 61st sess, Mäori Text. In Waitangi Revisited: Perspectives 107th plen mtg, UN Doc A/Res/295 (2007). on The Treaty of Waitangi; Belgrave, M., 84. UNDRIP art 33. Kawharu, M., Williams, D., Eds.; Oxford: 85. UNDRIP art 4. Oxford University Press, 2004; pp 390–392. 86. UNDRIP art 16. 72. The Waitangi Tribunal found Mäori claimants 87. UNDRIP arts 9 and 11(1). lost sovereignty as evinced from the surrounding 88. UNDRIP arts 19 and 32(2). circumstances in Waitangi Tribunal Manukau 89. This is an ongoing project. Rafael Correa: Harbour Report – Wai 8 (1985); p 64. “I maintain that Ecuador and Latin America 73. Toki above n 69. have elections but have yet to arrive at what 74. The Waitangi Tribunal referred to the then draft is democracy. In truth, I don’t believe that Declaration land articles (aspects of self-deter- there is democracy in a country where there is mination) to support Taranaki Mäori claims of so much injustice, so much inequality.” Justin tino rangatiratanga to land in Waitangi Tribunal Delacour (trans), “Interview with Ecuadorian Taranaki Kaupapa Tuatahi Report – Wai 143 President Rafael Correa”, North American (1996); p. 307. Council on Latin America, 18 June 2009, http:// 75. Toki above n 69. ecuador-rising.blogspot.com/2009/06/interview- 76. Cruz, C. Z. Law of the Land – Recognition with-ecuadoran-president.html and Resurgence in Indigenous Law and 90. Escobar, A. Latin America at a Crossroads: Justice Systems. In Indigneous Peoples and the Alternative Modernizations, Postliberalism, or Law: Comparative and Critical Perspectives; Postdevelopment? Revised version of paper pre- Richardson, B. J., Imai, S., McNeil, K., Eds.; pared for the Wayne Morse Center for Law and Hart Publishing, 2009; p 334. Politics and presented at the conference, Violence 77. Article 99 (I). The terms are used 24 times in the and Reconciliation in Latin America: Human Bolivian Constitution, primarily in the sections Rights, Memory, and Democracy. University of on education: Articles 77–98. Oregon, Eugene, 31 January–2 February, 2008. 78. Article One of the 2009 Constitution reads: Revised, 20 July 2009, 38. “Bolivia, free, independent, sovereign, multi- 91. A close analogy can be drawn between ethnic and pluricultural, embodied in a single Pachamama and Papatüänuku of Mäori cos- republic, adopts representative democracy as mology. Similarly, a relational responsibility of its form of government, based on the union and kaitiakitanga as care for Papatüänuku is analo- solidarity of all Bolivians.” gous to the sumak kawsay or suma quemaña care 79. New Zealand can (contentiously) be considered for Pachamama. a “plurination”. The Mäori electoral option to 92. Escobar, above n 90 at 41. register to vote within a Mäori list is an unusual 93. Dávalos, P. The Sumak Kawsay (“Good Living”) measure among the world’s democracies. Walsh and the Development Cesuras. http://alainet.org/ also suggests that Belgium, Finland (The Saami active/23920 6 May 2008 [Spanish]. Economist Parliament), Switzerland, and Canada may also Pablo Dávalos served as undersecretary to Rafael be considered to be plurinational to a greater or Correa when the now-President was Minister of lesser degree. Walsh, C. The Plurinational and the Economy under the previous Administration Intercultural State: De-Colonisation and State of Alfredo Palacio in 2005. He is now an advisor Re-Founding in Ecuador; 2009, 6 Kult 65, 71–73. to the Confederation of Indigenous Nationalities 80. The Spanish initials for the Confederation of of Ecuador (CONAIE). Indigenous Nationalities of Ecuador, the coun- 94. Tatiana Roa Avendaño. El Sumak Kawsay try’s largest indigenous federation. en Ecuador y Bolivia: Vivir Bien, identidad, 81. CONAIE, Politicas para el Plan de Gobierno alternative; Agua viva CENSAT, 29 May 2009, Nacional. El Mandato del CONAIE, January available at: http://censat.org/noticias/2009/5/27/ 2003, 2. Quoted from Walsh, C. The Plurinational El-Sumak-Kawsay-en-Ecuador-y-Bolivia-Vivir- and Intercultural State: De-Colonisation and State bien-identidad-alternativa/ (accessed 3 July Re-Founding in Ecuador; 2009, 6 Kult 65, 78. 2009) [Spanish]. 82. United Nations Declaration on the Rights of 95. Particularly the newly created Environmental Indigenous Peoples (UNDRIP) arts 6 and 33(1); Court. Constitution of Bolivia art 30(II)(3). 96. For a summary of the insistence of the Latin IMPLEMENTING TE AO MÄORI 29
American countries on the inclusion of these Movements and Constitutional Transformation: rights during the negotiation of the terms of Venezuela in Comparative Perspective; 2003, 30 the Universal Declaration of Human Rights, see Latin American Perspectives, 49, 52. Robinson, G. Crimes Against Humanity, 3rd ed.; 100. Urewera District Native Reserve Act 1896. Melbourne: Penguin 2008, 37–38. 101. Te Rohe Pötae is the name given to describe the 97. For the New Zealand interpretations addressing boundaries of the Tühoe territory. this concern, see Ministry for the Environment 102. Keenan, D. Autonomy as Fiction: The Urewera (MfE), Case Law on Tangata Whenua Native District Reserve Act 1896. In Terror Consultation, 1999. in our Midst; Keenan, Ed.; Wellington: Huia 98. Title IV, Part One “Participatory Democracy”, Publishers, 2008; p 91. Articles 95 to 117 generally. 103. Binney, J. Encircled lands: Te Urewera; 99. This figure is contentious, given the ambiguities of Wellington: Bridget Williams Books. how people self-identify and also the remoteness 104. See Joseph, R. Re-Creating Legal Space for the of many of the regions inhabited by indigenous First Law of Aotearoa-New Zealand. In Waikato peoples in Bolivia. For the reasoning behind this Law Review: Taumauri (Vol. 17, 2009) at 74–97 figure, see van Cott, D. L. Andean Indigenous for full discussion. Mana, Rangatiratanga, Kaitiakitanga and Local Government
A case study of Auckland Council and Mäori representation
Lena Henry
Abstract
This paper reviews the evolution of local authorities in Aotearoa New Zealand and the decon- struction and reconstruction of hapü (tribe, sub-tribe) and iwi (tribal kin group) decision-making authority. Local government in Aotearoa New Zealand has developed with little regard to the indigenous political structures and values of iwi and hapü adversely affecting their rights to exer- cise mana (authority), rangatiratanga (autonomy) and kaitiakitanga (guardianship) within their respective tribal territories. Local government, as regulators of the use of natural and physical resources, and decision-makers of wide ranging matters such as the social, economic, environ- mental, and cultural well-being of communities, have a direct impact on the inherent role, aims and aspirations of iwi, hapü and Mäori communities. In 2008, the Labour Government initiated a Commissioner’s enquiry into the workability of local government arrangements in Auckland. Iwi groups, Mäori communities, residents and Tangata Tiriti urged the Commission to uphold Te Tiriti o Waitangi and the Treaty of Waitangi by providing for Mäori representation at the governance level. In March 2009, the Royal Commission Report strongly recommended that Mäori should be represented on the Auckland Council in the form of three seats, shared between mana whenua (tribe or subtribe with traditional authority in a particular territory) and Mäori. However, the new incoming government led by the National Party and Act Party rejected the recommendations of reserved Mäori representation and instead made extensions to existing local governance arrangements in Auckland by establishing the Independent Mäori Statutory Board (IMSB). A critique of recent developments in the Local Government (Auckland Council) Act 2009 indicates the extent to which the IMSB advances the ability of hapü, iwi and Mäori to assert mana, rangatiratanga and kaitiakitanga within their rohe (district). MANA, RANGATIRATANGA, KAITIAKITANGA AND LOCAL GOVERNMENT 31
Introduction The establishment of the Independent Mäori Statutory Board (IMSB) is the only extended The relationship between local government and opportunity for Mäori representation. A critique Mäori has been described as “controversial, of the IMSB composition, structure, capac- complex, challenging and significant”1 and ity and resourcing, relationship to Auckland “very rarely a happy one … almost univer- Council, and accountability and engagement sally negative and destructive”.2 The status with hapü (tribe, sub-tribe) is studied. The and powers conferred on local governments statutory powers extended to the IMSB do by the Crown affects the lives of people and not enable the Board to make decisions that the functioning of the communities in which can be expressed as providing for traditional they live. In Aotearoa New Zealand, local mana, rangatiratanga and kaitiakitanga of government and the planning system affects hapü. However, there are improvements and Mäori peoples in a unique way; particularly, opportunities that seek to enhance the influence in relation to mana (authority), rangatiratanga that Mäori may have through the Board and (autonomy), kaitiakitanga (guardianship) and Council relationship. Mäori community wellbeing. These values and interests are often regarded as rights reaffirmed in He Whakaputanga o te Rangatiratanga o Nu The Original Local Authorities Tïreni (the Declaration of Independence of New Zealand) 1835, the Treaty of Waitangi and Te Prior to colonisation, Mäori governed distinct Tiriti o Waitangi (both 1840). geographical areas through a system of hapü Throughout the first 130 years of local gov- and iwi (tribal kin group) autonomy and con- ernment in New Zealand, reference to these trol.3 Essentially, hapü and iwi each had their founding documents was largely neglected own geographical area, tikanga (cultural cus- and marginalised whenever they were raised toms), language and sovereignty which they as an issue for consideration in the structure, protected and defended. In a report on local legislation, policies or plans of local govern- government reforms, Hirini Matunga4 describes ment. Since the mid-1970s there have been the pre-Treaty political construct of iwi and some changes and at best the relationship is hapü as a regional governing system that could said to be improving. The Town and Country equate to the same role, function and pow- Planning Act 1977 3(1)(g) was the first step ers of today’s “local government”. Each iwi toward formally acknowledging the relation- comprised hapü and had authority over its ship between Mäori and their ancestral land tribal area with the main function of “man- as a matter of national importance. Local gov- aging resources, using land and carrying out ernment decisions about land and resource various forms of production”.5 Every hapü in development are the source of many Treaty Aotearoa can recite defined hapü boundaries grievances. The introduction of legislative pro- and recall narratives of how they exercised visions recognising Mäori culture and traditions hapü authority in the management and use of with land prompted councils to engage Mäori land and resources within their tribal domain.6 in the development and implementation of their Fundamentally, “the primary purpose of hapü plans and policies. was to foster and support its member whänau A review of recent local government reforms [extended family]. Larger cultivation, fishing, in Auckland and an analysis of the Local canoe-making and political affairs were dealt Government (Auckland Council) Act (LGA) with at hapü level”.7 Hence, hapü can be seen 2009 as it relates to Mäori representation, as holding the original responsibilities of local mana, rangatira and kaitiakitanga is explored. authorities of Aotearoa New Zealand and such 32 Indigenising Knowledge for Current and Future Generations
responsibilities have increasingly been shifted the rangatiratanga of hapü and demonstrated over entirely to iwi through government policies this could be provided for within the English and legislation. Through a traditional Mäori transposition of local government in Aotearoa system, hapü and iwi are seen to be the cus- New Zealand. However, Acting Governor tomary owners and original local authorities Willoughby Shortland and Chief Protector of Aotearoa New Zealand, exercising similar George Clarke rejected Swainson’s proposal, roles, functions and powers to local government Clark stating that it was “baneful and futile today. The power of hapü and iwi to continue to suppose that an independent Mäori New to exercise mana, rangatiratanga and kaitiaki- Zealand could be sustained in a country that tanga were expressed and guaranteed to iwi was being over-run by settlement”.9 Clarke felt and hapü in founding documents of Aotearoa that chiefs who had not signed the Treaty would New Zealand. Historically, Mäori peoples eventually concede to British sovereignty. He made decisions for ensuring the wellbeing feared that recognition and provision of Native of communities and the interaction between Districts would “open the floodgates of total humans and the environment. Indigenous rejection of their (Colonial) authority, sweep- peoples are able to recall numerous stories ing them from the precarious foothold they which record histories of tribal governance had gained”.10 whereby the management of the environment The establishment of local government was inseparable from hapü and iwi mana and occurred soon after the signing of Te Tiriti rangatiratanga as local authorities. The exercise with the passing of the Municipal Corporations of mana, rangatiratanga and kaitiakitanga have Ordinance 1842 through the Legislative Council, operated as core values for decision-making yet reference to founding documents was largely and managing the wellbeing of communities. neglected. The status of hapü and iwi author- Decisions made on the basis of these values were ity was ignored in the establishment of local enforced. government, which has provided little if any respect for the Mäori values of mana, rangati- ratanga and kaitiakitanga. Settler governments Hapü, Iwi and the Establishment of pursuant of the 1852 Constitution Act began Local Government to implement policies and legislation that gave councils statutory rights which directly opposed The role of iwi and hapü as local authorities the concept and status of hapü and their rangat- was well understood and recognised by early iratanga. A selection of legislation was enacted settlers prior to the signing of Te Tiriti and the and advanced local government authorities, but Treaty. With the migration of new settlers and was contrary to the rights of iwi and hapü to systematic colonisation of Aotearoa, English continue exercising mana, rangatiratanga and models of local government were established. kaitiakitanga as set out in founding documents. Early discussions included the establishment Various legislations11 enacted from 1852 to of Native Districts. Plans for local govern- 1970 and associated with provincial, local and ment were proposed by Attorney General regional government have adversely impacted William Swainson, member of the Executive on Mäori and the exercise of mana, rangat- and Legislative Councils, and writer, who pro- iratanga and kaitiakitanga.12 These include posed that Native Districts be established, so land management acts that accelerated Mäori “Mäori could live in accordance to traditional alienation from the land and imposed restric- customs, subject only to moral influence of the tions and controls on Mäori culture, practices missionaries and Protectors”.8 The proposal and values. of Native Districts in some way acknowledged The introduction and enforcement of such MANA, RANGATIRATANGA, KAITIAKITANGA AND LOCAL GOVERNMENT 33
Acts contravened the spirit, intent and content transgressing Mäori heritage values, par- of He Whakaputanga, Te Tiriti and the Treaty. ticularly in relation to protection of wähi It alienated hapü and iwi from land and their tapu (sacred places) ability to exercise their local authority as mana • Granting of prospecting and mining whenua (tribe or subtribe who has traditional licenses over Mäori land authority in a particular territory), rangati- ratanga and kaitiakitanga. The detrimental Many of these matters are a source of Mäori social, cultural, physical, economic and spir- grievance and some cases have been reported by itual impacts of these actions are well recorded the Waitangi Tribunal. The Tribunal has made in more recent research.13 particular findings and recommendations that directly address local government and plan- ning legislation and activities, including the Local Government Reforms Manukau Claim Wai 8,15 Öräkei Claim Wai 9,16 Kaituna River Claim Wai 4,17 and Mangönui In the late 1980s and early 1990s, local govern- Sewage Claim Wai 1718. ment and resource management reforms gave The Local Government Act reforms from rise to Mäori dissatisfaction with the evolve- 1988 to 2002 prompted Mäori criticism of ment of local government. Mäori concerns local government’s role in relation to hapü, about local government followed on from Te Tiriti, and the management of resources Mäori activism in the 1970s which focused on and historical grievances. This has prompted issues such as the Treaty of Waitangi, Mäori some legislative changes. The changes seek to land rights, Mäori language and culture, and address the marginalisation of Mäori in Council racism. Local government was criticised by decision-making processes and they acknowl- Mäori14 as breaching the Treaty and custom- edge to some extent that Mäori have a cultural ary laws by: and spiritual relationship with land, water and natural resources. • Imposing a system of rating and valua- tion on Mäori land • Confiscating Mäori land through the Provision for Mäori Representation “wastelands” policy • Surveying and roading Mäori land to There are statutory options to establish Mäori facilitate Päkehä (New Zealanders of wards and therefore Mäori representation on European descent) settlement councils. The process for achieving Mäori rep- • Designating and seizing disproportionate resentation through the Local Electoral Act amounts of Mäori land for reserves and 2001 is highly dependent on the general public public works and their political support for such changes. • Locating sewage outlets or other hazards Therefore, the fate and future of Mäori and on or near Mäori settlements and fishing local government are left up to politicians grounds and the general populace. Furthermore, the • Zoning Mäori land under District Crown has not fully recognised the mana and Scheme Plans to facilitate commercial tino rangatiratanga of hapü and iwi. There development is limited recognition of kaitiakitanga in the • Restricting housing on rural land forcing Resource Management Act 1991 and kaitiaki Mäori relocation are not afforded governance decision-making • Diverting and polluting waterways authority. • Disregarding and undermining and 34 Indigenising Knowledge for Current and Future Generations
The Reorganisation of Auckland Effectively, the RCAG signalled two impor- Local Government and Mäori tant considerations in the development of local Representation government. First, it guaranteed representa- tion of Mäori on the Council and, second, the In 2007, the Labour Government estab- specific representation of mana whenua. The lished the Royal Commission on Auckland recommendations set the basis for discussions Governance (RCAG) to inquire, investigate and and debate about the role Mäori should have report on the workability of local government in the future of local government. The RCAG arrangements in Auckland. The Commission report was presented to Cabinet and entered specifically considered governance and repre- into a parliamentary process for reforming local sentation arrangements for Mäori as a unique government in Auckland. community of interest with special status as a The incoming government, led by the partner to the Treaty of Waitangi. In its analysis National and Act parties, rejected these rec- of governance issues it considered legislative ommendations as it felt there was little support directives, current and former exemplars of from the wider populous, had concerns about Mäori representation in local government, and it being undemocratic, and believed it would key issues raised in consultation with Mäori.19 make the Council structure inconsistent with In doing so, the Commission recommended that of other local government regions. It also that: took a literal translation of the Treaty and believed it did not provide for representative • Two Mäori members should be elected seats in local government. Supporters of Mäori to the Auckland Council by voters who representation made reference to the Treaty in are on the parliamentary Mäori Electoral terms of rangatiratanga and recalled stories Roll. that rangatira (leaders) who signed Te Tiriti • There should be a Mana Whenua Forum, and the Treaty had envisaged that their mana the members of which will be appointed and authority would be upheld. However, many by Mana Whenua from the district of the supporters for Mäori representation were left Auckland Council. disappointed as Mäori representation was • The Mana Whenua Forum should: finally rejected and instead the government – appoint a representative to be a coun- provided for the establishment of the IMSB. cilor on the Auckland Council The IMSB did not seem to represent a Treaty – through its representative on the relationship and lacked vision as iwi expressed Auckland Council, advise the aspirations of being equal participants in plan- Auckland Council on issues of rel- ning and decision-making processes. evance to mana whenua The Local Government (Auckland Council) – appoint the members of Watercare’s Amendment Act 2010 was passed in June 2010 Mäori Advisory Group and did not include Mäori representation in the • The Auckland Council should ensure form of Mäori and mana whenua representation that each local council has adequate at a governance level. Instead, provision was structures in place to enable proper made for the establishment of an independent engagement with Mäori and considera- Mäori statutory board whereby persons could tion of their views in the local councils’ sit on the Auckland Council Committee(s); in decision-making processes. Where particular, those committees that discuss the appropriate, current structures and/or management and stewardship of natural and memoranda of understanding should be physical resources. transferred to local councils.20 MANA, RANGATIRATANGA, KAITIAKITANGA AND LOCAL GOVERNMENT 35
Mana, Rangatiratanga and previous models of engagement. Capacity and Kaitiakitanga of Hapü and Iwi in the resourcing of the IMSB has been a contentious Auckland Council issue as the IMSB needs to gain agreement with the Council on reasonable servicing and The Local Government Act (LGA) 2009 is the support costs. It is not an independent decision most recent development in local governance of the IMSB; however, they have gained agree- matters of Aotearoa New Zealand. The only ment for their first proposal of $3.4 million extended opportunity specifically for Mäori in which is a significant amount and enables the local government is the IMSB and the Auckland Board to employ support and services to fulfil Council. The legislative provisions set out for their role as representatives of mana whenua IMSB do not empower hapü and iwi with the and mataäwaka. The relationship between the authority to make local government decisions IMSB and the Auckland Council places about matters that impact on their tribal areas. the IMSB in a strong advisory position rather The Act fails to provide for the traditional than on equal footing. The relationship has authority of hapü and iwi to exercise mana, formal processes of engagement and defined rangatiratanga and kaitiakitanga to its full roles and functions which elevate the influential extent. Although the analysis establishes the potential of the IMSB to advance iwi, hapü and inability of the IMSB to have full decision- Mäori interests, values and rights. The account- making authority in Council matters, there are ability and engagement of the IMSB with Mäori some advances and opportunities evident in the is not provided for in the LGA 2009 and fails LGA 2009. to provide mechanisms to ensure mana whenua The IMSB model provides for Mäori and mataäwaka are able to hold the members decision-making and Mäori values of mana, accountable to the group it represents. The rangatiratanga and kaitiakitanga through IMSB is primarily accountable to its purpose the Board’s: composition; structure; capacity and the provisions set out in the legislation and resourcing; relationship to the Auckland which does not accord accountability to hapü Council; and accountability and engagement and iwi who exercise mana, rangatiratanga and with hapü and iwi. The composition of the kaitiakitanga in Auckland. IMSB representation involves seven mana The IMSB has an important and unique whenua (hapü or iwi who have traditional position in the enterprise of local government authority in the Auckland region) and two and its establishment is recognition that the mataäwaka (persons residing in Auckland Auckland Council has a responsibility to engage which do not belong to the mana whenua group mana whenua and mataäwaka. However, the but rather originate from another hapü or iwi) provisions are restrictive and do not provide for board members. The proportion of membership mana, rangatiratanga and kaitiakitanga. There being primarily mana whenua relates to the are three areas where there seems to be most kinship ties and Mäori cultural acknowledge- improvement in local government and Mäori ment of local hapü and iwi having mana and relationships: rangatiratanga to make decisions that affect their inherent obligations of kaitiakitanga. The 1 The Council is now committed to a working structure of the Auckland Council provides relationship with Mäori because statutory for IMSB representation on 11 of the Council procedures need to be met. committees but they are not full members of 2 The Council need to take into account Council and have no representation on the what the IMSB advises. governing body. However, Mäori member- 3 There are provisions to ensure that the ship at committee level is an improvement on Board is provided sufficient funding. 36 Indigenising Knowledge for Current and Future Generations
The role, functions and powers of the IMSB final decisions that are enforced if breached. as set out in the LGA 2009 do not represent This authority was traditionally expressed as the level of mana and rangatiratanga that the hapü and iwi mana and rangatiratanga. The traditional local authorities of hapü and iwi deconstruction of traditional Mäori author- exercised in their role as kaitiaki. Iwi and hapü ity through local government and planning as mana whenua are unable to make decisions legislation, policies and plans has resulted in that are enforceable in their tribal territory. The hapü petitioning government and strategising LGA 2009 provides some improvements which ways to enable them to participate in local enhance the potential and opportunities for government in an effort to have their inter- Mäori interests, values and rights to be recog- est understood, supported and implemented. nised and provided for in the Auckland Council. The call for Mäori representation during the latest local government reforms in Auckland is another demonstration of Mäori efforts to Conclusion restore mana, rangatiratanga and kaitiakitanga of hapü and iwi. For Mäori it relates to having Mäori representation in local government is a a genuine ability to make decisions about their contemporary Mäori response to the effects of tribal areas and have the authority to manage colonisation and the detrimental impact that protection, development and use of taonga and local government decisions have had, and will resources in their respective areas. As summa- continue to have, on matters that traditionally rised by the late Sir Robert Mahuta: “the history were the roles of hapü and iwi. The pursuit of of Mäori political representation is a story of Mäori representation is not merely a matter mana deferred”.21 of politics, but is related to inherent cultural responsibilities associated with mana, rangati- ratanga and kaitiakitanga of hapü and iwi. The Endnotes position of Mäori as original local authorities has been ignored for over 130 years in the estab- 1 Hayward, J. Local Government and the Treaty lishment and development of local government. of Waitangi. Oxford University Press: Auckland, 2003; p 173. This has been coupled with the adoption and 2 Rikys, P. Local Government Reform and Mäori, dominance of a European planning system that 1988 to 2002. Te Ngutu O Te Ika Publications: has also marginalised Mäori and their role as Waiheke Island, 2004; p. 20. kaitiaki. The founding documents of Aotearoa 3 See Durie, M. Te Mana, te Käwanatanga: The New Zealand, the rangatira petition to the King, politics of Mäori self-determination. Oxford He Whakaputanga/The Declaration, Te Tiriti University Press: Auckland, 1998. and the Treaty of Waitangi were documents 4 See Matunga, H. Local Government: A Mäori perspective: A report for the Mäori consultative that engaged the Crown and reaffirmed the group on local government reform. H. Matunga: mana, rangatiratanga and kaitiakitanga roles Auckland, 1989. that iwi and hapü already had. Developments in 5 Matunga, H. Local Government; p 1. local government over the past 30 years recog- 6 See Ballara, A. Iwi: The dynamics of Mäori tribal nise to some extent the role of Mäori as kaitiaki; organisation from c.1769 to c.1945. Victoria however, the issues of mana and rangatiratanga University Press: Wellington, 1998. 7 Henare, M. The Changing Images of Nineteenth are yet to be addressed. The core values of Century Mäori society: From tribes to nation. mana, rangatiratanga and kaitiakitanga are Ph.D. Thesis, Victoria University of Wellington, inseparable. The exercise of kaitiakitanga to Wellington, 2003; p 133. preserve, protect and manage the use of taonga 8 Ward, A. A Show of Justice: Racial ‘amalga- (resources) must include the ability to make mation’ in nineteenth century New Zealand. MANA, RANGATIRATANGA, KAITIAKITANGA AND LOCAL GOVERNMENT 37
Auckland University Press: Auckland, 1995; Knowledge Systems and Cultural Practices, p 61. Waitangi Tribunal: Wellington, 2001. Kelsey, 9 Ward, A. A Show of Justice; p 61. J. Legal Imperialism and the Colonisation of 10 Ward, A. A Show of Justice; p 62. Aotearoa, 1769–1984. s.n: New Zealand, 1984. 11 These legislations are as follows: Moon, P. A Workshop on the Treaty of Waitangi. Waste Lands Act 1854: Enabled the superinten- Te Ara Poutama Faculty of Mäori Development, dent and council of any province to recommend Auckland University of Technology: Auckland, to the Governor the sale of Crown lands within 2000. its boundaries. This accelerated Mäori alienation 13. See Williams, D.; New Zealand Waitangi from the land. Tribunal. Crown Policy Affecting Mäori Native Reserves Act 1856: Enabled commission- Knowledge Systems and Cultural Practices. ers, appointed by the Government, to control Kawharu, M. Dimensions of Kaitiakitanga: An Mäori reserve land which was not under “active Investigation of a Customary Mäori Principle use”. of Resource Management. Ph.D. Thesis, Oxford a. The Native Districts Regulation Act 1858: University, Oxford,1998. Smith, L. Decolonizing Promoted “civilisation of the native race”. Methodologies: Research and indigenous peo- It imposed controls on Mäori communities ples. Zed Books Ltd: London, 1998. Rikys, P. that promoted European pastoral farming Local government reform and mäori, 1988 to techniques as best practice; for example, regu- 2002. lations to fence animals rather than allow 14. Rikys, P. Local government reform and mäori; them to roam around the papakäinga (home pp 15–16. grounds) 15. See Waitangi Tribunal. Report of the Waitangi b. New Zealand Settlements Act 1863: Tribunal on the Manukau Claim (Wai 8), 1985: Empowered confiscation of Mäori land of http://www.waitangi-tribunal.govt.nz/reports/ any district where Mäori were deemed to be view.asp?reportID=D6BBBFAC-EB90-4AEB- in rebellion. This Act assisted in the confisca- 9113-8F8D2305BA3F (accessed 2 February, tion of 3 million acres of Mäori land. 2012). c. West Coast Settlement Act 1880: Allowed 16. See Waitangi Tribunal. Report of the Waitangi Mäori to be arrested without a warrant if Tribunal on the Orakei Claim (Wai-9). Waitangi they hindered any surveying of land. Tribunal: Wellington, 1987. d. Native Reserves Act 1881: Enabled the Public 17. See Waitangi Tribunal. Report of the Waitangi Trustee to take control of Mäori Reserve Tribunal on the Kaituna River claim (Wai 4), land. 1989: http://www.waitangi-tribunal.govt.nz/ e. Native Lands Administration Act 1886: reports/view.asp?reportID=32147734-26C7- Turned over control of Mäori land to small 4D5E-812C-2DA77AC2A578 (accessed 2 groups of trustees who were given the right February, 2012). to sell. 18. See Waitangi Tribunal. Report of the Waitangi f. Native Land Purchase and Acquisition Act Tribunal on the Mangonui sewerage claim 1893: Enabled the Crown to “acquire” any (Wai-17), 1988: http://www.waitangi-tribunal. land it felt was suitable for settlement. govt.nz/reports/view.asp?reportID=1D696297- g. Mäori Land Settlement Act 1894: Placed 7FA4-4FF3-9D80-6B1EB4E49235 (accessed 2 Mäori land under control of local councils February, 2012). without Mäori representation. 19. Royal Commission on Auckland Governance. h. Mäori Affairs Act 1953: Declared unoccu- Report of the Royal Commission on Auckland pied Mäori land ‘waste land’ and allowed its Governance. Royal Commission on Auckland takeover by the Government. Governance: Auckland, 2009, 1; pp 477–497. i. Town and Country Planning Act 1953: 20. Report of the Royal Commission on Auckland Imposed special restrictions on Mäori wish- Governance; p 497. ing to build on their land. 21. See Farrell, M.; University of Waikato, Centre j. Rating Act 1967: Subjected Mäori freehold for Mäori Studies and Research. Te Pöti Mäori land to rates : Mäori representation and electoral reform. 12. See Williams, D.; New Zealand Waitangi Centre for Mäori Studies & Research, University Tribunal. Crown Policy Affecting Mäori of Waikato: Hamilton, 1992. Exploring the Nature of the Intergenerational Transfer of Inequalities Experienced by Young Mäori People in the Criminal Justice System1
Tracey McIntosh and Leon Radojkovic
Abstract
Histories of confinement are not just histories of incarceration and internment. Mäori and other indigenous peoples have experienced other types of confinement in colonial and post-colonial set- tings. Luana Ross, a Native American scholar, in writing on the experience of Native Americans recognises that one of the characteristics of colonialism is the restriction of movement of colonised people and negation of their culture. A significant aspect of inter-generational transfer of social inequalities is the normalisation of socially harmful activities and the normalisation of prison. We intend here to draw attention to the social location of young Mäori girls in prison and to illustrate the way that disadvantage is reproduced and accumulated so that prison life becomes negatively but normatively accepted. In looking at the broader literature both nationally and internationally we hope to bring attention to both the experience of marginalisation and some of the consequences and research issues that this type of scholarship produces.
Introduction deprived urban black spaces he says “it is like a big rock in their personal backyards which can- The warehousing of surplus humanity in prisons not be removed or circumvented, and one that and the ongoing carceralisation of indigenous changes everything in their social landscape”.2 communities is largely a silent crisis that has The politics of confinement is both a public resulted in a profound unfreedom for indig- discourse and a concealed experience. Prison in enous peoples and other targeted groups. Loïc dominant discourse is largely seen as a punitive Wacquant posits the prison as both a central and response to a criminal event or events; however, a banal institution. In speaking of its position in rather than seeing it as just a by-product of a Exploring the Nature of the Intergenerational Transfer of Inequalities 39 criminal experience, we need to recognise that institutions reflecting their philosophies. this dominant discourse neglects “the texture Today, Native people are not free; they are of day-to-day carceral relationships: we need a colonised people seeking to decolonize to think about imprisonment as first and fore- themselves.6 most about restraining bodies, and everything that is thereby stamped onto them in terms of Drawing on the work of Robert Blauner,7 Ross categories, desires, the sense of self and ties recognises that one of the characteristics of with others”.3 The shadow of the prison colo- colonialism is the restriction of movement of nises our landscapes and for too many people colonised people and negation of their culture. colonises their future. She asserts that colonisation “as control and In reflecting on the question of submerged denial of culture is clearly evidenced by the citizenship and the invisibility of incarceration number of incarcerated Native Americans and we draw on Angela Davis4 in exploring the by their experiences of prison”.8 The global growth of imprisonment unparalleled in our over-representation of indigenous peoples in global history. Davis reinforces the seeming prisons reinforces her argument. This phenome- paradox of the inevitability, permanence and non speaks to lives of restriction and constraint. invisibility of prison as features of our social Restricted lives are characterised by restricted lives. In many ways the invisibility of incar- opportunities and the normalisation of nega- ceration and the ability to forget prisons and tive outcome pathways. Elsewhere McIntosh9 those populations that inhabit them is because has written on marginalisation processes and of the degree of difficulty for us to envision “a argued that the Mäori identity is always a mar- social order that does not rely on the threat ginal identity in New Zealand. This marginality of sequestering people in [dreadful] places may be expressed in a number of ways. Some designed to separate them from their commu- are able to draw on the marginal experience nities and families. The prison is considered so as a site of resistance and use that location to ‘natural’ that it is extremely hard to imagine life challenge the status quo and to transform the without it.”5 marginal experience. This is a highly conscious politicised identity where proponents are able to draw on significant cultural capital and an Confinement in-depth knowledge of both Mäori and western traditions. Others may acknowledge a marginal Histories of confinement are not just histories of status but seek to redefine it under their own incarceration and internment. Mäori and other terms to allow them to develop a dynamic, indigenous peoples have experienced other distinctive and authentic fusion identity. A types of confinement in colonial and post-colo- third category that was developed was that nial settings. Luana Ross, a Native American of a forced identity. This is characterised by a scholar, in writing on the experience of Native marked and stigmatised marginalisation where Americans notes that: deprivation due to social, economic and politi- cal factors is entrenched and far reaching.10 It From the time of European contact to the is this forced identity that is largely expressed present day these people have been impris- in the following discussion. oned in a variety of ways. They were confined A present project is looking at the experience in forts, boarding schools, orphanages, jails of incarcerated Mäori girls (16–18 years old) and prisons and on reservations. Historically, and young Mäori women (18–25). While mind- Native people formed free, sovereign nations ful of the singularity of their actual experience with distinct cultures and social and political of imprisonment, we are also interested in the 40 Indigenising Knowledge for Current and Future Generations
broader social context of their confinement. however, this over-representation is particularly These young women come out of communities pronounced for Mäori women throughout the (often small town and rural communities). They entire criminal justice system.16 Mäori currently are members of whänau (extended family), they make up around 15 percent of the general popu- have iwi (tribal) connections and have intimate lation,17 yet in 1999 Mäori women comprised and complex ties that link them to places, his- 62.8 percent of the total number of women tories and to people. Too many of them have imprisoned, while the comparable figure for also had lives marked by violence and suffer- Mäori men was 52.2 percent.18 With regards ing. They have had social harm done to them to younger women, nearly three-quarters of and many of them have more recently enacted the female inmates for 2001 between the ages social harm on others. Their experience and of 17 and 24 were Mäori.19 knowledge of incarceration usually significantly predates their own confinement. Again for far too many they are treading a well-worn path Girls/Women Who Go to Prison that many of their whänau, neighbours and peers have already taken. Women in prison tend to share a number of characteristics. Internationally, women in prison are a disadvantaged and marginalised Social Setting population, and one that is disproportionately drawn from the most deprived and margin- Young Mäori girls in prison are a socially alised sections of society. They often have submerged population, marginalised in the histories of poorer physical and mental health literature and public consciousness by virtue and issues associated with alcohol and drug of their age, their ethnicity, their gender and by misuse. Incarcerated women are also dispro- their incarcerated status. The typical focus in on portionately likely to come from economically the adult male prisoner. There is little research disadvantaged backgrounds, be poorly edu- which focuses specifically on the characteris- cated, un- or under-employed and recipients tics and experiences of this population. While of state benefits.20 numbers are relatively small, it needs to be rec- The picture of women in New Zealand pris- ognised that imprisonment in New Zealand is ons is similar to that found overseas.21 The increasingly a feminised experience.11 Between Department of Corrections website states that 1986 and 2009 the number of women in New women in New Zealand prisons have a high Zealand’s prisons has increased at nearly dou- incidence of mental health issues, alcohol and ble the rate of men, rising from 98 to 389 – a drug issues, high health needs, low levels of rise of 297 percent.12 A report produced by education, and are typically unemployed prior Te Puni Kökiri in 2000 on programmes and to being imprisoned.22 A Statistics New Zealand services to reduce Mäori youth offending titled profile of women in prison shows that only 12 Whanake Rangatahi also found that there had percent of female prisoners had attained School been a noticeable increase in Mäori female Certificate Subjects, 55 percent had left school prisoners aged 17–19 since 1996.13 This trend before Year 11, and 22 percent had no school emulates the increased rates of female incarcera- qualifications whatsoever, 69 percent had been tion found across the western world in countries receiving a benefit prior to incarceration, and such as Australia, England and Wales and, most only 24 percent had been in paid employment.23 notably, the United States.14 In her doctoral thesis on the children of In New Zealand, Mäori are consistently women prisoners in New Zealand, Venezia over-represented within the prison population;15 Kingi24 points to research demonstrating that Exploring the Nature of the Intergenerational Transfer of Inequalities 41 women’s imprisonment in western countries is sexually.31 In a study of young female prison- predominantly due to property and drug related ers’ relationships with older female prisoners, offenses, suggesting that patterns of women’s Sophie Goldingay32 gained access to her study offending are related to the economic margin- participants’ files. This revealed that 4 out of alisation of women. Khylee Quince underscores the 9 young girls had suffered severe parental this noting that while Mäori comprise a vulner- abuse or neglect. Surveys of crime victimisation able population economically, Mäori women in New Zealand have also found that Mäori fare significantly worse than Mäori men.25 In women are particularly vulnerable to victimisa- 2006 the median income for Mäori (aged 15 tion generally, being more likely than women and over) was $20,900, compared to $24,400 of any other ethnic group to be repeat victims for the general population. The median income of domestic violence.33 The 2006 New Zealand for Mäori women however was $17,800, com- Crime and Safety Survey (NZCASS) found that pared to $25,900 for Mäori men, indicating 8 percent of Mäori women experienced sexual both a gender and “ethnic” pay gap.26 victimisation, a figure which is twice that for total New Zealand women. The lifetime preva- lence of sexual victimisation for Mäori women Victimisation was 37 percent. The report also found that 14 percent of Mäori women had experienced The evidence strongly suggests that a distin- one or more instances of victimisation by their guishing feature of incarcerated women, and partner in 2005 – two and a half times the rate one which sets them apart from both the general experienced by New Zealand Europeans.34 female population and the male prison popula- This study also found that Mäori men have tion, is their common histories of victimisation. significantly lower prevalence of overall vic- In Australia, the 2002 Queensland Women timisation than Mäori women and that Mäori Prisoners’ Health Survey found that 42.5 per- women reported higher rates of confrontational cent of the women reported being a victim of offences than Mäori males. The report noted non-consensual sexual activity prior to the that for “Mäori females these rates are much age of 16; 36.5 percent reported experiencing higher than for Mäori males and for all other actual or attempted intercourse on at least one females, whereas European males and females occasion before the age of 10; and 37.7 percent were closer in magnitude”.35 reported being physically or emotionally abused before the age of 16.27 A survey of indigenous women prisoners in New South Wales found Women in Prison: Discrimination and that 70 percent of respondents had been subject reform to physical and sexual abuse as children, and as adults, 78 percent had been physically assaulted Female prisoners make up a small percentage and 44 percent had been sexually assaulted.28 of the prison population. In consequence the In New Zealand, female prisoners are also guiding assumption underpinning prison design likely to have histories of abuse and trauma,29 and organisation has been the normative status although official statistics are sparse. The of the male prisoner. There has been a growth National Health Committee states that New in awareness around the interests and needs of Zealand lacks specific data on offenders’ victim- female prisoners more recently. However, the isation.30 Kingi notes, however, that the 1989 Anti-Discrimination Commission Queensland36 Roper Committee Report on New Zealand notes that although the differing needs of male prisons refers to claims by prison staff that 80 and female prisoners are now receiving some percent of female prisoners had been abused formal recognition, the actual implementation 42 Indigenising Knowledge for Current and Future Generations
of women-centred policy within correctional conditions. The Committee states that New systems primarily designed for men has been Zealand prisons are not always fit for purpose. slow. The report also notes that differences They have been designed for prisoners who are within both the male and female prison popula- young and male, yet are increasingly filled by tion have been similarly ignored, arguing that: those who are neither. There has been an ageing of the contemporary prison population (though the needs and differences of Indigenous prison- it still has a younger demographic than the gen- ers, prisoners with disabilities and particularly eral population), as well as an increase in the those with mental health or intellectual number of women in the prison population.42 disabilities, and those from culturally and lin- Alongside this the Committee notes that there guistically diverse backgrounds are frequently is strong evidence for “imported vulnerability”: forgotten or ignored in the design, administra- tion and daily routines of the prison system.37 Although there have been changes in the con- stitution of the prison population, those who The International Centre for Prison Studies are incarcerated continue to represent the conducted a review of how women’s prisons are most marginalised, culturally censored, socio- organised in other countries, and the extent to economically disadvantaged and “powerless” which these countries were providing a prison of society. The majority of prisoners of any service based on women’s needs.38 The review country, including New Zealand, are those studied eight countries in depth,39 including that come from a context already shaped by New Zealand, and investigated both prison social exclusion. Among other things, they conditions and a range of policies relating to are likely to be from an ethnic minority, have women prisoners. Its findings suggest that New limited education and a history of instability, Zealand policy and practice were not progres- unemployment or underemployment, sub- sive in comparison to the majority of the other standard diet and housing conditions, and countries studied. It states that New Zealand inferior medical access. Their health reflects has taken a traditionally male-based approach this disadvantage and like them, tends to be to women’s imprisonment, regarding women poor.43 as men in all but appearance, reproducing the system used for men with only minor varia- It also notes that our prisons have been designed tions. Although noting that in recent years the for men who are of European descent and who government has introduced a number of ini- are sound in body and mind, yet prisoners tiatives aimed specifically at women prisoners comprise a number of more vulnerable popula- (for example, a Tikanga Mäori Programme for tions including young people, women, Mäori women offenders), it concludes that serious and Pacific people, and people with physical reform has yet to occur.40 or intellectual impairments.44 The Committee In 2007 the New Zealand National Health argues that although prison may be a setting for Committee began investigating the health of health improvement, in many ways the prison prisoners and their families, and released a environment is a severe risk to prisoners and review of the research on the effects of impris- their families, with the potential for adverse onment. This was updated in 2008.41 The physical, mental, emotional and behavioural review gives a detailed international overview impacts. The report states that there are cur- of aspects of prisoner health such as prisoner rently immense gaps in the literature not only mortality, post release mortality, mental and on the direct health effects of imprisonment, but physical wellbeing, dental health, suicide rates also “unintended consequences” of imprison- and levels of injury and incidences of chronic ment in New Zealand. New Zealand is failing Exploring the Nature of the Intergenerational Transfer of Inequalities 43 to engage in a number of debates, including: narrowing of what is already often a constricted path culminating in a further embedding of • The experience of imprisonment a marginalised status. The research covered • The collateral consequences of incar- above suggests that prison is in many cases ceration and its effect on the children, a traumatic, injurious, and fundamentally families and communities of prisoners non-therapeutic environment, and that prison • The influence prison has during dif- experiences may cause prisoners to undergo ferent developmental stages and the deterioration and exacerbation of physical and implications of this for categorisation, mental health issues. Prisons are institutions legislation and penal design that in their architecture, systems and poli- • The rate of bullying, violence and sexual cies articulate the power of the state over the abuse in New Zealand prisons45 individual and within them prisoners are likely to experience a profound unfreedom. They The Committee outlines two key classical theo- may also have further developed patterns of retical models regarding prisoner experience behaviour and a way of viewing and being in – the importation model and the deprivation the world which, while perhaps useful within model46 – and applies them to prisoner health. prison walls, are perhaps potentially maladap- According to this reading of the importation tive and harmful outside of this specialised model, poor health within the prison popula- environment. tion is a result of prisoners already experiencing poor health prior to imprisonment. This is then imported into the prison environment. Intergenerational Inequality and According to the deprivation model, on the Exclusion other hand, the prison environment itself is hostile to health and wellbeing. Prison struc- One aspect of the prison system that appears tures and processes deprive inmates of elements to have been largely overlooked is the fact that of life which are essential to health and well- the impact of incarceration is not purely limited being. Prison in itself is an anti-therapeutic to the individual who is imprisoned. Rather, regime. According to this perspective, prison there are collateral effects and consequences is likely to exacerbate any pre-existing health which spread from the individual outwards, difficulties, and even prisoners in sound reverberating along the radiating threads of health are likely to experience deterioration social relationships and connections. There is in health upon incarceration. These effects may also evidence to suggest that once set in motion, persist after release.47 While the report provides these reverberations can persist through time, evidence to give support to both perspectives, it increasing in resonance, generating long lasting notes that in New Zealand the research focus and potentially intergenerational effects. One around these questions has been narrow, often of the clearest examples of this is the impact of excluding variations such as class, gender, age imprisonment on families. Individual incarcera- and ethnicity. tion is a collective experience. Prisoners come from families, they will return to families, and their imprisonment has a marked impact upon Women after Prison: Re-entry and their families. In recent years there has been social exclusion increasing attention given to the children and families of prisoners, with much of the literature For many prisoners, incarceration marks a framing them as the collateral and “invisible” downwards shift in the life trajectory, a or “forgotten” victims of crime. 44 Indigenising Knowledge for Current and Future Generations
Holly Foster and John Hagan utilise the con- Probably the reasons why I keep re-offending cept of social exclusion to refer to “macro-level was because of my parents, I never actually trends of dismissal, removal, and disconnection had them there with me. I hung out with the from society”.48 Drawing on Loïc Wacquant,49 wrong people, I guess and ended up drinking they view prisons as one of four “peculiar insti- and drugs … and then doing crime. My fam- tutions”50 contributing to the societal exclusion ily also … watching older ones doing it … I of vulnerable groups, particularly racial and thought it was life – I thought it was natural. ethnic minorities. Their analysis of research (Young female) on inter-generational effect of incarceration provides evidence that the absence of biologi- Sticking us in jail ain’t gonna do nothing … cal fathers from households leaves daughters you take us away from the community and at special risk of abuse and neglect by non- then when we get out we don’t know what biological father figures. Risk avoidance can else to do … and we go back to doing what include running away and this can result in we did before … and when we come back [to homelessness. Given that incarceration is dis- prison], that’s okay, we know how it goes, proportionately concentrated among certain we’ve been here before. They’re doing it all groups in society, Foster and Hagan argue that wrong – thinking why their jails are filling prison may serve as a mechanism of social exclu- up. They send us to jail … jail just makes us sion of these groups, as patterns of ethnic and worse. Why stick us in jail if there’s nothing social class disparities are likely to be further to help us [in jail]. (Young female)55 reproduced by the intergenerational exclu- sion of children of incarcerated parents from other major public institutions such as health, Normalisation housing and political participation.51 As Susan Phillips and Barbara Bloom note, getting tough A significant aspect of inter-generational trans- on crime has often meant getting tough on chil- fer of social inequalities is the normalisation of dren and setting up the prerequisites for a life socially harmful activities and the normalisation confined.52 of prison. Several Australian studies provide Underscoring the notion of cumulative dis- evidence that prison has become an expected advantage is the fact that having a prison record part of life, particularly within Aboriginal com- confers a persistent stigmatised status that can munities. The Commission for Children and significantly alter life trajectories.53 Victoria Young People and the Aboriginal and Torres Owen’s report on Te Puni Kökiri’s Whanake Strait Islander Advisory Board states that “hav- Rangatahi reinforces this by stating that a lack ing a father in prison provides a role model of family support, problems with schooling, for young men which, it appears, they often truancy, drug and alcohol abuse, and a lack emulate”.56 Furthermore, the report argues, of skills and employment prospects meant that “The over-representation of Indigenous boys many rangatahi (youth) became involved in in youth detention centres is perceived by some activities that ultimately led to prison. She noted Elders to be a new rite of passage that they have that many whänau were unable to access the adopted, which culminates, when they reach help and support they needed to address the 18, in a sentence to the ‘big house’”.57 Citing an factors that lead to offending, or to address earlier report they noted that: “Aboriginal peo- offending once it occurred.54 Her research ple’s incarceration is intergenerational. It is not participants recognised elements of the causal uncommon for generations of the same family reasons behind their offending and of the fruit- to have experienced incarceration and for par- lessness of the punitive response: ents and their children to be incarcerated at the Exploring the Nature of the Intergenerational Transfer of Inequalities 45 same time”.58 Our research in New Zealand has from. Hence, if a prisoner came from an area also found that it is not uncommon for Mäori where it was not uncommon for residents to whänau to have a similar experience. go to prison, the event of imprisonment was In its report on the children and families of not a shocking fact that would get others prisoners, The Victorian Association for the talking or casting judgement. One participant Care and Resettlement of Offenders (VACRO) stated “It’s common here … for people to go found that: to prison so there’s no stigma.” Another that: “In a small town like ours it’s just about the Comments from caregivers and prisoners indi- norm”.61 cated that there was an acceptance by many that the prisoner would continue to return An investigation into the health of prisoners’ to prison and this was an accepted part of families in New Zealand conducted by Wesley their lives. Some prisoners regarded living in Community Action62 found that for many of prison as easier than living in the community. the families participating in the study, prison There was a disturbing perception by several was a common experience. This fact, com- respondents, particularly prisoners, that there bined with a general feeling that the system is was “no hope” for them – imprisonment was loaded against them, led to families adopting a way of life for them and some chose this for an ambivalent, accepting, and matter-of-fact themselves. attitude towards imprisonment and the provi- sion of related services. The report also found This pattern of living and response to the that while some children and young people imprisonment can give a strong message to with parents in prison experienced shame and children that serving a prison sentence is part embarrassment: of life – it was the culture for some families. This was also reflected in the strong pattern for others where having a family member in of intergenerational offending.59 prison was a more common experience within their wider family and community networks, A number of New Zealand reports also iden- a parent being in prison was not a “big deal”. tify the normalisation of prison as an issue. In They felt quite comfortable talking about this The Effects of Imprisonment on Inmates’ and with others and did not see it as any reason to their Families’ Health and Wellbeing, Michael feel embarrassed or ashamed.63 Roguski and Fleur Chauvel60 note that their research indicates that the stigma of imprison- Research participants who were the children of ment was felt more keenly by some families than prisoners reinforced this with their comments. by others. Intra- and inter- generational factors One participant stated: “I never thought it was mattered. Stigma would be more marked if a big deal that my parents were in prison, my imprisonment had not been experienced in the friends all know and it wasn’t a big deal. We all family previously. Conversely they noted that knew that’s where they’re [my friends] gonna the more normalised imprisonment became, the be when they get older”, while another noted: lesser the impact of a prison sentence and the “It’s not embarrassing, it’s normal here, people greater the normalisation. They write: have family in the mob and in jail, it’s just ‘my dad’s in jail’.”64 Similarly and supporting this notion of nor- Normalisation of activities that are so detri- malisation, an absence of stigmatisation was mental to Mäori and other indigenous peoples commonly explained as a result of the neigh- is a critical area to address. As researchers we bourhood or location the prisoner had come need to seek better ways to not only understand 46 Indigenising Knowledge for Current and Future Generations
and explain the marginal experience but to 9. McIntosh, T. Mäori Identities: Fixed, Fluid, inform the ways we can transform that expe- Forced. In New Zealand Identities: Departures and Destinations; Liu, J. et al., Eds.; Victoria rience. In doing this we need to confront the University Press: Wellington, 2005. McIntosh, limits and opportunities of this type of research. T. Theorising Marginality and the Processes New Zealand, as a settler state, has a colo- of Marginality. AlterNative: An International nial past that it must constantly confront. This Journal of Indigenous Peoples, 2006, 2 (1), means that Mäori research and research more 46–67. generally in New Zealand is well placed to 10. McIntosh, T. New Zealand Identities: Departures critically engage and respond to issues that and Destinations; p 40. 11. Quince, K. Mäori Women in Prison: Ngä Wahine pertain to both the reproduction of privilege Ngaro. M.A. Thesis in Law, The University of and the reproduction of disadvantage, particu- Auckland, Auckland, New Zealand, 2008. larly as they relate to indigenous Mäori in New 12. Department of Corrections. Growth of Women Zealand. This is not a call to the return of a in Prison Nearly Double that of Men. 2010. deficit lens to Mäori research that further mar- http://www.corrections.govt.nz/news-and-pub- ginalises and embeds stereotypes. It is, however, lications/media-releases/2010-media-releases/ growth-of-women-in-prison-nearly-double-that- essential that we do not shy away from research of-men.html (accessed 7 February, 2012). areas that require a sustained and engaged gaze. 13. Becroft, A. Mäori Youth Offending. Paper pre- As the literature review demonstrates, there sented at the Ngakia Kia Puawai Conference, has been much good work already done on the Nelson, New Zealand, November, 2005. conditions and life course of people who find 14. See Australian Bureau of Statistics. Prisoners themselves in prison, yet we are seeing little in Australia. Australian Bureau of Statistics: in the way of an informed response to these Canberra, 2010. Bureau of Justice Statistics. Women Offenders. U.S Department of Justice: concerns. We need to be seriously exploring Washington D.C., 1999. Institute on Women the possibility of indigenous interventions that & Criminal Justice. Quick Facts: Women & will make real change possible. Criminal Justice, 2009. http://66.29.139.159/ pdf/Quickper cent20Factsper cent20Womenper cent20andper cent20CJ_Sept09.pdf (accessed Endnotes 7 February, 2012). International Centre for Prison Studies. International Profile of Women’s Prisons. ICPS: London, 2008. Prison Reform 1. This paper is based on work previously pub- Trust. Too Many Prisoners. Prison Reform lished in McIntosh, T. Marginalisation: A Case Trust: London, 2010. The Sentencing Project. Study: Confinement. In Mäori and social issues; Women in the Criminal Justice System. The McIntosh, T., Mullholland, M., Eds.; Huia: Sentencing Project: Washington D.C., 2007. Wellington; pp 263–282. 15. Department of Corrections. Over-representation 2. Wacquant, L. The Body, the Ghetto and the Penal of Mäori in the Criminal Justice System: An State. Qualitative Sociology, 2009a, 32, 111. Exploratory Report. Department of Corrections: 3. Wacquant, Qualitative Sociology; p 111. Wellington, 2007. 4. Davis, A. Are Prisons Obsolete? Seven Stories 16. Quince, K. Mäori and the Criminal Justice Press: New York, 2003. System. In The New Zealand Criminal Justice 5. Davis, A. Are Prisons Obsolete?; p 10. System; Tolmie, J., Brookbanks, W., Eds.; 6. Ross, L. Inventing the Savage: The Social LexisNexis: Auckland, 2007; pp 16–18. Construction of Native American Criminality. 17. Statistics New Zealand. Quick-stats University of Texas Press: Austin, 1998; p 3. about Mäori. Statistics New Zealand: 7. Blauner, R. Racial Oppression in America. Wellington, 2007. http://www.stats.govt.nz/ Harper & Row: New York, 1972. Census/2006CensusHomePage/QuickStats/ 8. Ross, L. Inventing the Savage: The Social quickstats-about-a-subject/maori/maori-descent- Construction of Native American Criminality; and-iwi-ko-nga-kawai-whakaheke-maori-me- p 4. nga-iwi.aspx (accessed 7 February, 2012). Exploring the Nature of the Intergenerational Transfer of Inequalities 47
18. Ministry of Women’s Affairs. Mäori Women: 27. Anti-Discrimination Commission Queensland. Mapping Inequalities and Pointing Ways Forward. Women in Prison; pp 32–33. Ministry of Women’s Affairs: Wellington, 28. Bartels, L. Indigenous Women’s Offending 2001. http://www.mwa.govt.nz/news-and- Patterns: A Literature Review. Australian pubs/publications/Mäori/mapping-inequalities/ Institute of Criminology: Canberra, Australia, justice.html#3 (accessed 7 February, 2012). 2010; pp 28–29. 19. Department of Corrections. Census of prison 29. See Department of Corrections. Women in inmates and home detainees 2001. Department Prison. Kingi, V. The Children of Women in of Corrections: Wellington, 2003. Prison: A New Zealand study. Paper presented 20. See Anti-Discrimination Commission at the Women in Corrections: Staff and Clients Queensland. Women in Prison. Anti- Conference, Adelaide, Australia, November, Discrimination Commission: Brisbane, 2006. e 2008. (accessed 7 February, 2012). Bureau of Justice 30. National Health Committee. Health in Justice: Statistics. Women Offenders. US Department Kia Piki te Ora, Kia Tika! – Improving the Health of Justice: Washington, 1999. International of Prisoners and their Families and Whänau: He Centre for Prison Studies. International Profile Whakapiki i te ora o Ngä Mauhere me ö Rätou of Women’s Prisons. ICPS: London, 2008. Whänau. Ministry of Health: Wellington, 2010. Prison Reform Trust. Too Many Prisoners. 31. Cited in Kingi, V. The Children of Women in Prison Reform Trust: London, 2010. Standing Prison. Committee on Community Services and Social 32. Goldingay, S. Jail Mums: The Status of Adult Equity. The forgotten victims of crime: families Female Prisoners Among Young Female Prisoners of offenders and their silent sentence. 2004. in Christchurch Women’s Prison. Social Policy http://www.parliament.act.gov.au/downloads/ Journal of New Zealand, 2007, 31, 56–73. reports/cs06supportservices1.pdf (accessed 7 33. Ministry of Women’s Affairs. Mäori Women: February, 2012). Statistics Canada. Adult Mapping Inequalities and Pointing Ways Correctional Services in Canada, 2004/2005. Forward, 2001. http://www.mwa.govt.nz/ Statistics Canada: Ottawa, 2005. The Sentencing news-and-pubs/publications/Mäori/mapping- Project. Women in the Criminal Justice System. inequalities/justice.html#3 (accessed 7 February, The Sentencing Project: Washington D.C., 2007. 2012). Woodward, R. Families of Prisoners: Literature 34. Cunningham, C.; Triggs, S.; Faisandier, S. Review on Issues and Difficulties. FaHCSIA Analysis of the Mäori Experience: Findings from Occasional Paper No. 10, FaHCSIA: Canberra, the New Zealand Crime and Safety Survey 2006. 2003. http://www.facsia.gov.au/about/publi- Ministry of Justice: Wellington, 2009; pp 14–15. cationsarticles/research/occasional/Documents/ 35. Cunningham, C.; Triggs, S.; Faisandier, S. op10/OP_No_10.pdf (accessed 7 February, Analysis of the Mäori Experience: Findings from 2012). the New Zealand Crime and Safety Survey 2006; 21. Kingi, V. The Children of Women in Prison. PhD. p 55. Dissertation, Victoria University of Wellington, 36. Anti-Discrimination Commission Queensland. Wellington, 1999. Women in Prison. 22. Department of Corrections. Women in prison. 37. Anti-Discrimination Commission Queensland. http://www.corrections.govt.nz/about-us/ Women in Prison; p 27. fact-sheets/managing-offenders/general_info/ 38. These were Australia, Canada, Denmark, women-in-prison.html (accessed 7 February, Germany, New Zealand, Spain, Sweden and 2012). three US states. 23. Statistics New Zealand. Focusing on Women. 39. International Centre for Prison Studies. Statistics New Zealand: Wellington, 2005; International Profile of Women’s Prisons. p 124. 40. International Centre for Prison Studies. 24. Kingi, V. The Children of Women in Prison. International Profile of Women’s Prisons; 25. Quince, K. Mäori and the Criminal Justice pp 49–53. System; p 17. 41. National Health Committee. Review of Research 26. Statistics New Zealand. Quick-stats about on the Effects of Imprisonment on the Health of Mäori. Inmates and their Families. 42. National Health Committee. Review of Research 48 Indigenising Knowledge for Current and Future Generations
on the Effects of Imprisonment on the Health of 54. Owen, V. Whanake Rangatahi: Programmes Inmates and their Families; p 6 and Services to Address Mäori Youth Offending. 43. National Health Committee. Review of Research Social Policy Journal of New Zealand, 2001, 16, on the Effects of Imprisonment on the Health of 175–190; 176. Inmates and their Families; p 10. 55. Owen, V. Whanake Rangatahi: Programmes 44. National Health Committee. Review of Research and Services to Address Mäori Youth Offending; on the Effects of Imprisonment on the Health of p 175. Inmates and their Families; p 4. 56. Commission for Children and Young People 45. National Health Committee. Review of Research and the Aboriginal and Torres Strait Islander on the Effects of Imprisonment on the Health of Advisory Board. Discussion paper on the impact Inmates and their Families; p 6. on Aboriginal and Torres Strait Islander children 46. See Sykes, G. M. The Society of Captives. when their fathers are incarcerated. Commission Princeton University Press: Princeton, 1958. for Children and Young People and Child Irwin, J.; Cressey, D. Thieves, Convicts, and the Guardian: Brisbane, 2001; p 15. Inmate Subculture. Social Problems, 1962, 54, 57. Commission for Children and Young People 590–603. and the Aboriginal and Torres Strait Islander 47. National Health Committee. Review of Research Advisory Board. Discussion paper on the impact on the Effects of Imprisonment on the Health of on Aboriginal and Torres Strait Islander children Inmates and their Families; pp 7–9. when their fathers are incarcerated; p 16. 48. Foster, H.; Hagan, J. Incarceration and 58. Commission for Children and Young People Intergenerational Social Exclusion. Social and the Aboriginal and Torres Strait Islander Problems, 2007, 54(4), 399–433; p 400. Advisory Board. Discussion paper on the impact 49. Wacquant, L. Deadly Symbiosis: When Ghetto on Aboriginal and Torres Strait Islander children and Prison Meet and Mesh. Punishment when their fathers are incarcerated; p 42. & Society. 2001, 3, 95–134. Wacquant, L. 59. Victorian Association for the Care and Punishing the Poor. Duke University Press: Resettlement of Offenders (VACRO). Doing Durham, 2009b. it hard. A study of the needs of children and 50. The other three being: chattel slavery, the Jim families of prisoners in Victoria. VACRO: Crow System in the agrarian South, and the ghetto Melbourne, 2000; p 11. in the northern industrial metropolis. Wacquant 60. Roguski, M.; Chauvel, F. The Effects of argues that all institutions were designed to con- Imprisonment on Inmates and their Families’ trol and confine African-Americans (2001). Health and Wellbeing. Litmus Ltd: Wellington, 51. Foster, H.; Hagan, J. Incarceration and 2009. Intergenerational Social Exclusion; pp 418–420 61. Roguski, M.; Chauvel, F. The Effects of 52. Phillips, S.; Bloom, B. In Whose Best Interest? The Imprisonment on Inmates and their Families’ Impact of Changing Public Policy on Relatives Health and Wellbeing; p 56. Caring for Children with Incarcerated Parents. 62. Wesley Community Action. The Health of Child Welfare, 1998, 77, 531–541; p 539. Prisoners Families. National Health Committee: 53. Pettit, B.; Western, B. Mass Imprisonment and Wellington, 2009. the Life Course: Race and Class Inequality in U.S. 63. Wesley Community Action. The Health of Incarceration. American Sociological Review, Prisoners Families; p 46. 2004, 69 (2), 151–169. 64. Wesley Community Action. The Health of Prisoners Families; p 46. Alcohol and Tobacco Use in Niue
Vili Nosa, Seini Taufa, Teuila Percival, Malakai Ofanoa and Yvonne Underhill-Sem
Abstract
Alcohol and tobacco use in Niue continues to be a problem for the Niue community in Niue. The purpose of this paper is to identify the key issues surrounding alcohol and tobacco use for Niueans. The research process that was undertaken was a systematic review of the literature coupled with a site visit to Niue in November 2011 to access current data. The key findings of this paper discovered that alcohol-related incidents such as drinking and driving are a major concern for the Niue community. Tobacco-related illnesses are not recorded so there is very little existing data. Anecdotal evidence and observations suggests that young Niuean adolescents are consuming alcohol and smoking at an alarming rate and are at risk for health-related problems later on. There is an urgent need to develop education awareness, community health promotion programmes and specific youth-focused programmes that will address the need of high alcohol and tobacco use for the Niuean community.
Introduction that there was a need to identify key research areas around alcohol and drug use in the Pacific Non-communicable diseases (NCD) have been region.1 Rasanathan and Tukuitonga’s work on a significant problem for many Pacific countries tobacco identified that tobacco prevalence rates in the Pacific region and Niue is not exempt in the Pacific region is significantly high.2 While from this. Alcohol and tobacco use is a sig- their research identifies tobacco rates and preva- nificant problem for Niue. Very little detailed lence during the 1980s and 1990s, anecdotal research focuses on alcohol and drug use in evidence suggests that smoking prevalence rates the Pacific region. Schmich and Power found are currently high. Further work is still needed 50 Indigenising Knowledge for Current and Future Generations
to identify any recent trends or increasing pat- from appropriate organizations (e.g. Massey terns of tobacco and alcohol use. University, University of Auckland Tobacco Control Centre) and District Health Boards was accessed and reviewed. The literature review Aim and Objectives strategy also included hand searching of draft documents and Pacific-specific dissertations/ The aim of this paper is to identify alcohol and theses. Literature identified for the review was tobacco use amongst Niueans living in Niue. accessed either by direct electronic download or The objective is to identify key relevant litera- access to reports found within The University ture surrounding the problems associated with of Auckland and its Pacific Health Section. alcohol and tobacco in the Pacific and Niue. A record was kept of the results of each search. This includes archival research into historical A site visit to Niue in November 2011 documents, hospital records and police data. was undertaken to access any literature not There is further discussion on the health ser- previously found. The Niue hospital did not vices, health burden and costs associated with provide any information as MeDTech 32 was alcohol and tobacco health-related problems. not working. It was also difficult to gather rel- Finally, this paper will make recommendations evant information as there is no detailed records for relevant education and health promotion kept for alcohol- and tobacco-related illnesses. programmes that would be useful to reduce Manual records are kept but these are not eas- high rates of alcohol and tobacco use in the ily accessible due to confidentiality and privacy Niue community. purposes. A change of management was also an issue. Recent alcohol-related information for 2011 kept by the Niue Police was not available Research Methods as the Chief of Police was engaged in urgent police matters. However, two key documents A multi-database search was initially con- were accessed to support this review. ducted, in which five databases were activated at the same time. For this multi-database search the databases used were ABI/INFORM Global, Niue ProQuest, PsycINFO, PubMed and Scopus. The literature search also involved the searching of The island Niue is one of the world’s largest the individual international databases such as coral atolls, approximately 1,500 miles north- Medline, Embase, the Cochrane Library, and east of New Zealand. New Zealand and Niue ERIC for peer-reviewed journal publications have a special relationship founded on close using a number of keywords. The keywords historical ties, unique constitutional arrange- were limited to the years 2000–2011 and ments and a common citizenship and currency. English language. Each of the variables where Niue became a British protectorate in 1900 matched with variable one and two (Pacific and was annexed by New Zealand in 1901. In geographical location(s) and minority groups) 1974, following an act of self-determination in which 591 articles were found, of which only under United Nations umbrellas (the Niue 10 were relevant. Constitution Act), the people of Niue adopted a The utilisation of governmental websites Constitution providing for full self-government (e.g. Ministry of Health, Ministry of Social in free association with New Zealand, a status Development) and Google Scholar were also distinct from that of full independence.3 used to find reports and articles relating to Challenges for Niue are similar to other Pacific the variables. A broad range of grey literature Island Countries and Territories (PICT). These ALCOHOL AND TOBACCO USE IN NIUE 51 include: isolation, limited natural resources and Smith and Phongsavan headed the Health transport, poor communications, and a lack of Behaviour and Lifestyle of Pacific Youth skilled labour. A distinguishing feature of Niue is (HBLPY) study,10 a cross-sectional survey of that, unlike other PICT, its residents have access a representative national sample of school stu- to New Zealand and, consequently, Australia. dents aged 11–17 years in Tonga (n = 2808), Agriculture is at subsistence levels and manu- Vanuatu (n = 4474) and Pohnpei State in the facturing is limited. Niue is highly dependent Federated States of Micronesia (n = 1495) on New Zealand aid with limited employment where students were surveyed on their tobacco, prospects and high rates of migration.4 alcohol and illegal drug usage. Alcohol misuse Population decline is a major concern for was positively associated with age and being Niue. In the 2006 Niue Census, the total popu- male in all countries. In Tonga, students who lation count was 1,625 down from an estimated gave a negative rating of the general school 5,000 in the 1960s and down by 10 percent on environment were more likely to report alcohol the 2001 Census.5 In contrast, at the time of the misuse, while those who felt very happy about 2006 New Zealand Census, 22,500 respond- life in general were less likely to do so. ents self-identified as Niueans.6 In the 1990s McDonald and Elvy published data on alcohol consumption in the Cook Islands, Fiji, Kiribati, Samoa, the Solomon Pacific People and Alcohol Trends in Islands and Tonga.11 Findings from this study the Pacific Region found that the level of alcohol consumption var- ied between the six islands mentioned. The per Pittman states that all cultures possess a set of capita consumption in Fiji (2.2 litres), Solomon attitudes toward the consumption of alcoholic Island (0.7 litres), Tonga (1.3 litres), Western beverages and some rigidly define expected and Samoa (1.7 litres) and Kiribati (1.0 litres) is prohibited behaviours while drinking.7 Heath much lower to that observed in nearby New and Cooper argue that, “the study of alcohol Zealand and Australia (approximately 8 litres). in world cultures has a significance that sur- However, the per capita alcohol consumption passes even the enormous concern with health of the Cook Islands (9.7 litres) is higher. and social welfare that dominates most of the In the Cook Islands, the production of spirits writing that deals with drinking in any modern is insignificant but beer is produced in Avarua society”.8 They note that in most societies, by Rarotonga Breweries Limited. Beer was drinking is essentially a social act, and as such, the source of 73% of the total pure alcohol it is embedded in a context of values, attitudes, consumed in the Cook Islands in 1993. Most and norms. Little attention has been paid to of this consumption would be by local people the effect of alcohol on Pacific people’s health. rather than tourists, as in 1994 it was estimated Marshall argues that despite the steady growth that tourists spent only 1,200 person-days in of information about alcohol and drug use the nation. Per capita consumption was high- internationally since the 1970s, very few studies est in the Cook Islands which, compared with have focused on alcohol and drug substances other countries, has the highest ratio of liquor among Pacific Island people.9 Alcohol was not outlets, lowest alcohol taxation regime and found in Oceania at the time of first contact consequently highest per capita consumption with Europeans, the limited information avail- compared to neighbouring islands. able indicates that in the intervening 200 years, In Fiji more information is available about it has become widely available and increasingly alcohol consumption than in other Pacific popular among Pacific people throughout the nations. This data includes alcohol consump- region. tion information from a random sample of 52 Indigenising Knowledge for Current and Future Generations
4,606 people in households in 1993 by the is challenging for Pacific Islands to assess the Fiji National Food and Nutrition Committee, extent of the public health problems caused by and tourist consumption information from the tobacco use because of a paucity of research Fiji Bureau of Statistics. In 1993 a far higher and data on smoking rates, epidemiology, or proportion of men were drinkers (25.7%) com- cultural and economic impacts of smoking.16 pared with women (2.5%). An analysis of this The most recent data show that the prev- data led to the conclusion that, while drinking alence of smoking in the Pacific region has prevalence is not especially high, the people gradually declined since the 1980s and 1990s; who do drink do so at levels above those consid- nevertheless, smoking levels in the Pacific remain ered “safe”. This is consistent with findings in high.17 In a study of smoking amongst adults New Zealand which underline binge drinking as over 20 years of age in South Pacific nations, a major concern amongst Pacific communities. including the Cook Islands, Western Samoa, Niue, Tuvalu, Nauru, New Caledonia, Fiji and Kiribati, significant ethnic disproportions in Pacific People and Tobacco in the tobacco smoking were common. For example, Pacific Region Fijian Melanesian men from urban areas were more than twice as likely to smoke as Fijian The World Health Organisation (WHO) has Asian men from within the same district. This identified tobacco smoking as the world’s lead- shows how the prevalence of smoking can vary ing cause of mortality, killing more than HIV/ between two ethnically different groups living AIDS, tuberculosis and malaria combined. In in the same area. Additionally, smoking preva- 2009 it was estimated that 5.4 million people lence increased with increasing deprivation.18 would die because of tobacco-related harms. Rasanthan and Tukuitonga have consid- It is an issue identified globally.12 Prior to the ered trends of tobacco consumption in PICT arrival of tobacco, the South Pacific region and identified publications based on post-1990 was described as one of the most disease-free estimates for smoking prevalence for American regions in the world and related diseases like Samoa (survey year 2004), Cook Islands lung cancer, bronchitis and emphysema were (2004), the Federated States of Micronesia non-existent.13 In the 1940s the introduction (FSM; but limited to Kosrae, 1994), Fiji (2002), of factory-made cigarettes had an immediate French Polynesia (1995), Guam (2003), Kiribati and significant impact in the Pacific region, and (1999), Nauru (2004), New Caledonia (1992), shortly after cigarette factories were established Niue (2002), Palau (1998), Papua New Guinea in the region. By the 1950s, cigarette factories (1990), Samoa (2004), Tokelau (2005), Tonga were active in Fiji and Tonga, with Samoa fol- (1998), Vanuatu (1998), Wallis and Futuna lowing suit in the 1960s. Decades later, tobacco (1996), Australia (2001) and New Zealand now represents one of the largest single causes (2006).19 of avoidable mortality in the South Pacific.14 From these surveys adult smoking preva- The repercussions of tobacco use in the lence varied from 0.6% in FSM (Kosrae) Pacific have been well documented. The WHO women and 5% in Vanuatu women, to 53% (2002) acknowledged that one third of the in Tongan men, 57% in Kiribati men, and 51% world’s smokers reside in the Western Pacific in Nauru women. Despite these variations, Region, where it is estimated that two people more men in PICT smoked than women with die every minute from a tobacco-related disease the exception of New Caledonia and Nauru, and two-thirds of men residing in these areas where more women smoked than men, and smoke.15 Tobacco use is quickly becoming a Tokelau and French Polynesia, where there leading cause of morbidity and mortality. It was no gender difference. These differences ALCOHOL AND TOBACCO USE IN NIUE 53 may reflect cultural gender differences amongst used to make homebrew include pawpaw and these Pacific nations. beetroot. Recorded per capita alcohol con- The Samoan Ministry of Health looked at the sumption (litres of pure alcohol) among adults prevalence of cigarette smoking in four Pacific (≥ 15 years) was 9.5 litres.23 countries (Samoa, Tuvalu, Nauru and Solomon The South Pacific Commission and WHO Islands); rates were higher for men than women. identified in their report that NCDs in Niue In Samoa 35% of adult men smoked compared and alcohol and tobacco use had steadily with 15% women, in Tuvalu 55% compared increased.24 However, the Niue 2008 patient with 24%, Solomon Islands 45% compared with and smoking records from the Niue Ministry 14% with the exception of Nauru which had 52% of Health report that the number of Niuean of men smoking and 53% of women.20 At present women smoking may have decreased. A number the Samoa Ministry of Health has developed a of health promotion intervention programmes National Tobacco Control Policy for the period were deployed to combat the increase in NCDs. of 2010 to 2015 with the aim of countering these These included the Niue Moui Olaola national differences by using strategies developed by the NCD plan for health education, promotion and WHO such as creating smoke-free areas, media protection. While these programmes have been campaigns, and increased taxation. useful, further work is still needed to improve The same is being done in neighbouring the health disparities for the Niue community. islands. In Tonga, the village of Kala‘au is tak- According to the most recent (2006) Niue ing a stand against tobacco-related deaths by Census of Population and Housing, males were declaring itself to be a “smoke-free” area. This identified as the main consumers of alcohol with is seen as a milestone for the village of Kala‘au two out of three males drinking. For females and also Tonga to be a smoke-free society.21 one in three reported drinking. What is alarm- ing is that 90% claim that they only drink occasionally, and one in ten consume alcohol Alcohol Consumption in Niue each day. People aged 15 to 19 years were iden- tified as the age group that consumed the most In 2005 the Department of Health Niue reported alcohol. From the total population of 1,127 that 20% of 16 to 20 year olds and 30% of 21 resident Niueans (560 males and 567 females) to 30 year olds drank alcohol. In the 31 to 50 43 males indicated they consumed alcohol on and the over-50 age ranges, drinking prevalence a daily basis as did 12 females. For the 90% varied between men and women. The percent- of the population who identified themselves as age of men drinking in the 31 to 50 age range occasional drinkers, 3 drinks were identified was estimated at 50%, dropping back to 20% as the limit for 43% of females and 23% in the over-50s. For women, drinking preva- females. 41% of males and 19% of females lence was steady: at 30% in the 31 to 50 age reported drinking 10 or more drinks. 8% of range, but dropping significantly to 10% in the females consumed alcohol before the age of 15 over-50s. More importantly for health impacts, years and 59% stated that they had consumed a 2005 report on alcohol and trade reported alcohol by the age of 20 years. For females, that weekly drinking and binge drinking are 1% drank before the age of 15 years yet half common.22 of those females who reported drinking drank The WHO report also notes a high rate before the age of 20 years.25 of alcohol consumption, with homebrew the Documents that were accessed during a site cheapest form of alcohol. Homebrew is made visit to Niue in November 2011 were the 2008 from hops, coconut and sugar, left to ferment Ministry of Health Niue and National Youth for three days and then drunk. Other ingredients Council Report based on a youth symposium 54 Indigenising Knowledge for Current and Future Generations
Table 1 Niue alcohol-related incidents which focused on alcohol issues. This included 2008–2008. a camp which focused on youth and alcohol. A Year Alcohol-related incidents number of key presentations were discussed such 2006 3 as those by the Niue Police and the Niue Health 2007 4 (1 accident, 3 paraquat poisoning) Department. Based on the 2002–2008 statistics 2008 4 (2 cases referred to NZ) there are a number of alcohol-related incidents which have been reported to Niue police. Figure 1 shows the most common alcohol- Table 2 Niue alcohol-related offences 3 July 2009–3 March 2010 related incidents were driving with excess breath alcohol, assault, affray, underage drink- Offences Total ing, disorderly, possession of firearm while Number under the influence of alcohol, wilful damage Disorderly behaviour 4 to property, and wilfully obstructing police Drives or attempts to drive 7 officers. under the influence The Niue Health Department public health Excess breath alcohol (Drinking 17 team identified the cost of alcohol on the country and Driving) in relation to the economy, family, community Fails to provide breath screen- 3 and individual was a drain on the Niue com- ing test munity expenditure and resources. The report Under 18/purchase/possess alco- 1 also stated in 2006 there were 3 alcohol-related hol (Has not policed recently) accidents/injuries/incidents that needed hospital Consumed liquor in public 4 treatment. In 2007 one accident was reported places and in 2008 two out of four cases needed to Indecent/Obscene language 2 be referred to New Zealand for medical care. Drunkenness 4 More statistics from the Niue Police Department are provided in the Table 2. They Domestic dispute 9 suggest that the most common alcohol-related Drunk at home 1 offence is drinking and driving. This is a major Drunk in public places 1 concern for the economy of Niue as a major- Breach of peace 1 ity of injured individuals have been airlifted to Total offences 54 New Zealand for medical care. There is also the Source: Mark Chenery, Niue Chief of Police cost of a Medivac, which exceeds NZ$150,000
DrivingwithExcess Breath Alcohol
2%1%1%1% 3% Assault
9% Affray
UnderageDrinking
10% Disorderly
PossessionofFirearm whileunderthe influenceofalcohol Wilful Damage to Property
73% Wilfully ObstructingPoliceOfficers
Figure 1 Niue alcohol-related offences 2008–2008. ALCOHOL AND TOBACCO USE IN NIUE 55 for an emergency flight. There is also the issue importance of this point as it was a recurring of follow-up care for the individual, which is theme throughout the study. Consequently, an expensive process. while drinking with family members was not a popular choice, drinking with friends was. Most of the women interviewed reported binge Alcohol Consumption in New Zealand drinking behaviour practised with friends and peer groups. While this paper specifically focuses on alcohol The desire to be seen as cool and inclusive use in Niue there are a few articles that have within peer groups acted as a trigger for female been written about alcohol use by Niueans in Niuean to drinks, to be able to consume large New Zealand. This part of the paper is intended amounts of alcohol without getting sick, going provide some context in terms of alcohol use to sleep or stopping. The effect of alcohol on amongst the Niue community in New Zealand sexual behaviour and alcohol was also talked and to provide a link to the pattern of alcohol about whereby it was a common concern affect- consumption in Niue. ing participants who drank with men in relation Extending Gray’s thesis,26 Gray and Nosa to being intoxicated from excessive alcohol published a 2009 paper “Tau Fifine Fiafia” consumption. Thus, the drinking styles of New examining the binge drinking behaviours of Zealand-born participants in the study were nine New Zealand-born Niuean women, aged described as at-risk behaviour. While the study 18 to 45 years plus, living in Auckland.27 It is is a first of its kind, in terms of detailed informa- the only paper found specifically focused on the tion on Niuean female drinking behaviours, a drinking behaviours of Niuean women. In this limitation is the number of participants. study the nine women were asked questions Nosa’s (2005) PhD thesis examined the per- relating to reasons for drinking, drinking styles, ceptions and use of alcohol among Niuean men venues to drink, times to drink, who they drank living in Auckland.28 The thesis examined how with and risky behaviour that may have taken and why Niuean men living in Auckland drink place while drinking. The New Zealand-born alcohol and some of the effects of drinking Niuean participants in the research were intro- on their social, mental, and physical wellbe- duced to alcohol at an early age (usually in their ing. Thirty-two Niuean men born in Niue and early teens), with reasons for drinking including Auckland participated in face-to-face audio- to “fit in”, forget about problems, relax and taped interviews. Their stories about alcohol reconnect with friends. Binge drinking behav- practices, uses, and beliefs form the basis of the iour was the style mentioned by these women thesis, coupled with participant observation, lit- who drank to get intoxicated with a preference erature reviews, and community consultation. for drinking at home before going out. Night The men interviewed suggested that it is “the was the preferred time to drink, with Friday Niuean way” to consume alcohol with the aim and Saturday the most popular days noted as of becoming fully intoxicated. This can have it was the end of the week and are considered negative effects on health, mental wellbeing, the most popular days to go out in Auckland. and family relationships, and can lead to violent Drinking alcohol with family was not a pop- behaviour. ular choice for those who participated in this Nosa found that alcohol continues to be study, because of fear of being judged by their integral to the culture of contemporary Niuean family, and through their own acknowledgment men. The thesis further examines how alcohol is that it was considered a sign of disrespect to embedded within the Niuean culture and how drink in front of elders, especially parents and cultural norms have contributed to drinking older males. Gray and Nosa emphasised the rituals and practices among Niuean men living 56 Indigenising Knowledge for Current and Future Generations
in New Zealand. Historical and contempo- on smoking, it seems that the total preva- rary factors have influenced the way Niuean lence, and the prevalence in male and female men use and view alcohol. For example, the smokers, has not changed. What has changed introduction of alcohol to Niue, the colonial is the total population, which is declining. It is influence, migration to New Zealand, cultural assumed that during the population decline, expectations, and contemporary New Zealand some smokers migrated, while new smokers drinking styles all have contributed to the drink- started smoking.31 ing patterns of Niuean men living in Auckland. Examinations of the Niuean death regis- Heavy drinking styles that originated in Niue ters show that for those over 40 years, Niuean are prevalent among Niuean men in Auckland. smokers have a 300% excess death rate com- Consuming alcohol has become an important pared with non-smokers. Smokers have a 700% ritual, both in cultural ceremonies and in men’s excess rate of dying (early) from lung or airways everyday lives. There is a growing population disease. The 300 Niueans who are smokers of young Niueans in New Zealand who learn spend an estimated NZ$350,000 per year on by mimicking the drinking styles of older men. cigarettes and tobacco, a figure that includes approximately $180,000 in tobacco tax. The cost of cigarettes is approximately $5.50 for Tobacco Consumption in Niue a pack of 20, a price which has not changed much over recent years. The price of tobacco In Niue all tobacco products are imported from has become cheaper compared with the price New Zealand with an import duty of 53% of other goods over time.32 applied on cigarettes. There are no other taxes In 2007, the Niue Ministry of Health began related to tobacco. The price of a pack (25) drafting up an action plan in conjunction with of cigarettes is US$7.15 for Rothmans and the WHO guidelines with the goal of improv- Winfield where the retail price is 84% tax. ing the health of the Niuean people by reducing The price of Rothmans in Niue is US$7.00 the harms caused by tobacco use and expo- and Winfield is US$8.40. Like its neighbouring sure to second-hand smoke. Within this action Pacific Islands, there are limits and prohibi- plan, four target groups are identified as being tions on the sales and importation of duty-free young people, pregnant women, smokers and tobacco products. However, in Niue, there community leaders. While the Action Plan has is no current tax or pricing policies aimed at steps to achieving the goals, a setback – easily contributing to health objectives.29 identified in reviewing the document – is finding According to the 2006 Niue Census of the resources to undertake this process. It also Population and Housing, 23% of the resident does not provide information as to why people population aged 15 years and over said that smoke in the first place and reasons why they they smoked. A total of 264 people indicated would choose to quit.33 they smoked and 72% smoked every day, 19% smoked over 20 cigarettes, 47% smoked between 10 and 20 cigarettes, and 35% smoked Discussion less than 10 cigarettes a day. From the 28% who were identified as occasional smokers, There are clearly health-related problems that 76% smoke less than 10 cigarettes and only 4% are associated with heavy alcohol consumption smoked more than 20 cigarettes occasionally.30 and tobacco use. The literature has identified Smoking was twice as prevalent amongst men that alcohol did not exist in the Pacific region (30.7%) than women (16.2%). By compar- before the arrival of Europeans. Alcohol is ing the 2001 Census and 2006 Census results now part of the Pacific culture. There is very ALCOHOL AND TOBACCO USE IN NIUE 57 little and outdated research data for alcohol were referred to New Zealand in 2008 for use.34 The introduction of tobacco into the medical care. Again this highlights the burden region was similarly through colonisation.35 of healthcare expenditure for the Niue govern- From the 1940s onwards the introduction of ment. The police records indicate that drinking tobacco companies into the Pacific region also and driving was the major key alcohol-related saw an increase of tobacco use for many Pacific incident followed by domestic disputes. people.36 A number of studies have highlighted that non-communicable diseases from alcohol and tobacco are increasing. The lack of health Recommendations education campaigns is a possible contribut- ing factor to unchanged smoking prevalence. • Health promotion and educational Further research would be fundamental in awareness programmes on harm minimi- determining ethnic-specific risk and protective sation strategies for alcohol consumption factors for smoking amongst Niueans living are an important aspect to reduce the in Niue. harm of heavy alcohol and tobacco The New Zealand research by Gray (2005), consumption. Nosa (2005), and Gray and Nosa (2009) • The government and the Ministry of provides some background contextual infor- Health are key organisations that can mation about drinking beliefs and practices implement relevant programmes and pol- that continue to be practiced in Niue and New icies to suit the Niue community. With Zealand.37 The Niuean way of drinking until tobacco programmes and interventions you are drunk is prevalent in Niue and in New the government should look at pricing, Zealand. This drinking style has long-term taxation and importation of tobacco into implications for the mental health and well- Niue as key mechanisms to having better being of the Niuean community in Niue and policies in place. New Zealand so it is important that health • The Ministry of Health needs to look professionals and planners are aware of the at smoking cessation programmes that dangers and work with the Niuean commu- are culturally competent and tailored nity to plan strategies for change. It is evident to suit the individual. The inclusiveness through the paucity of literature that further of the individual and the family needs research should be conducted to understand discussion when designing and imple- what alcohol means to Niueans on a day to day menting programmes that are culturally basis and the role it plays within Niuean culture. appropriate. Strategies for providing a safe and culturally • There is further scope for programmes appropriate environment need to be discussed to be targeted for Niuean males, Niuean when promoting alcohol consumption. youth and Niuean pregnant women. This Accessing grey literature on alcohol and will need to be further discussed at a tobacco use has been a problem not only for community level so programmes are suit- Niue, but for other Pacific countries. Information able and culturally appropriate. accessed from hospital and police records are • There is a further need to provide quali- manually recorded. Computerised record-based tative research into why Niueans smoke. systems present problems due to a lack of skilled Research should also look at Niueans people to maintain the computer programs. who quit smoking and to identify the Based on the hospital records there were very reasons for quitting smoking and few reported cases of alcohol-related incidents. how they have continued to stay However, two cases of alcohol-related incidents smoke-free. 58 Indigenising Knowledge for Current and Future Generations
• Routine collection of current data is 10. Smith, B. J.; Phongsavan, P.; Bauman, A. a problem and needs to be further E.; Havea, D.; Chey, T. Drug and Alcohol Dependence, 2007, 88 (1), 9–18. investigated. 11. McDonald, D.; Elvy, G.; Drug and Alcohol Review, 1997, 16 (4), 383–390. 12. World Health Organization. WHO Report on Conclusion the Global Tobacco Epidemic, 2008. http:// www/who.int/tobacco/mpower/mpower_ In summary, this paper has highlighted a report_full_2008.pdf (accessed 2 Nov, 2011). number of key areas for further research and 13. Crocombe, R. The South Pacific. The Institute of Pacific Studies of the University of the South identified key areas of investigation for policy Pacific: Fiji, 2001. programmes and interventions. Niueans are a 14. Rasanathan, K.; Tukuitonga, C. F. New Zealand transient population so a number of alcohol Medical Journal, 2007. and tobacco practices and beliefs are linked to 15. World Health Organization. Western Pacific beliefs and practices in New Zealand. Region – Fact sheet – Smoking Statistics, 2002. http://www.wpro.who.int/media_centre/fact_ sheets/fs_20020528htm (accessed 1 Nov, 2011). 16. Allen, M.; Clarke, D. Pacific Health Dialog, Endnotes 2007, 14 (2), 115–117. 17. Rasanathan, K.; Tukuitonga, C. F. New Zealand 1. Schmich, L.; Power, R. Situational Analysis Medical Journal, 2007. of Drug and Alcohol Issues and Responses in 18. Glover, M.; Nosa, V.; Watson, D.; Paynter, J. the Pacific 2008–09; Burnet Institute, Australia WhyKwit: A qualitative study of what motivates National Council on Drugs: Melbourne, 2010. Maori, Pacific Island and low socio-economic 2. Rasanathan, K.; Tukuitonga, C. F. New Zealand peoples in Aoteoroa/New Zealand to stop Medical Journal, 2007, 120 (1263), 36–46. smoking. School of Population Health / Centre 3. Connell J. Asian and Pacific Migration Journal, for Tobacco Control Research, University of 2007, 16 (2), 179–197. Auckland: Auckland, 2010. 4. Secretariat of the Pacific Community. “GOAL 1: 19. Rasanathan, K.; Tukuitonga, C. F. New Zealand Eradicate extreme poverty and hunger”. 2006. Medical Journal, 2007. http://www.spc.int/prism/country/nu/stats/ 20. Samoa Ministry of Health. National Tobacco Reports/MDG%20Report/GOAL%201%20 Control Policy and Strategy 2010–2015. MDG.pdf (accessed 2 Nov, 2011). Ministry of Health: Apia, 2011. 5. Secretariat of the Pacific Community. Tobacco 21. Civil Society Forum of Tonga. World No and Alcohol in the Pacific Island Countries Trade Tobacco Day, 2011. http://civilsocietytonga. Agreement: Impacts on population health. SPC: org/?p=313 (accessed 7 February, 2012). Noumea, 2008. 22. World Health Organization. Asia Pacific Report 6. Connell J. Asian and Pacific Migration Journal; Card: WHO FCTC Articles 5.3, 6, 8, 11 and pp 179–197. 13. 2010. http://www.seatca.org/dmdocuments/ 7. Pittman, D. J. International Overview: Social ASIA-PACIFIC%20Report%20Card%202010. and Cultural Factors in Drinking Patterns. pdf (accessed 1 Nov, 2011). Pathological and Nonpathological. In 23. World Health Organization. Asia Pacific Report Alcoholism; Pittman, D. J., Ed.; Harper and Card, 2010. Row: New York, 1962; p 5. 24. South Pacific Commission and World Health 8. Heath, D.; Cooper, M. Alcohol use and world Organization. Pacific countries and territories cultures: A comprehensive bibliography of take up the battle against NCDs. South Pacific anthropological sources. Addiction Research Commission and World Health Organization: Foundation: Toronto, 1981; p 46. Madang, 2009. 9. Marshall, M. An Overview of Drugs in Oceania. 25. Secretariat of the Pacific Community. Tobacco In Drugs in Western Pacific Societies: Relations and Alcohol, 2008. of Substance; Linstorm, L., Ed.; United Press of 26. Gray, J. The drinking behaviour of Niuean America: NL, 1987; pp 13–49. women living in Auckland: tau fifine fiafia. ALCOHOL AND TOBACCO USE IN NIUE 59
MHSci Dissertation, University of Auckland, 33. World Health Organization. Asia Pacific Report 2005. Card, 2010. 27. Gray, J.; Nosa, V.; Pacific Health Dialog, 2009, 34. Marshall, M. An Overview of Drugs in Oceania, 15 (1), 104–111. 1987; pp 13–49. 28. Nosa, V. The perceptions and use of alcohol 35. Crocombe, R. The South Pacific, 2001. among Niuean men living in Auckland. Ph.D. 36. Crocombe, R. The South Pacific, 2001. Dissertation, University of Auckland, 2005. Rasanathan, K.; Tukuitonga, C. F. New Zealand 29. World Health Organization. Asia Pacific Report Medical Journal, 2007. Card, 2010. 37. Gray, J. The drinking behaviour of Niuean 30. Secretariat of the Pacific Community. Tobacco women, 2005. Nosa, V. The perceptions and use and Alcohol, 2008. of alcohol among Niuean men living in Auckland. 31. Secretariat of the Pacific Community. Tobacco 2005. Gray, J.; Nosa, V.; Pacific Health Dialog, and Alcohol, 2008. 2009; pp 104–111. 32. World Health Organization. Asia Pacific Report Card, 2010. Polynesian Tectonics
“Re-building” the 19th century whare Mäori
Jeremy Treadwell
Abstract
Contemporary understandings of traditional Mäori building technology in Aotearoa have been principally informed by oral histories and archaeological and historical scholarship. Of these, it was the excavation of a 17th century Mäori village at Kohika in the late 1970s that provided the first unambiguous physical evidence of a post-tensioned construction technique being used to stabilise the cross-sectional structure of carved houses. This was a finding of significance as tension/compression structures in Polynesia are primarily associated with marine technology and not architecture. This paper represents the preliminary research into the questions of whether or not this tech- nology persisted into the 19th century, and if so, was it implicated in the development of the characteristically larger meeting house? The methodology of this research was very specific and based on the examination of house components surviving as artefacts in national and regional museums. The justification of the research was based on the fact that components of articulated timber structures frequently embody evidence of their construction process and its physical imple- mentation. Evidence from these artefacts was contextualised against both 19th century images and texts originating from 19th century accounts. This paper is intended to identify a field of future research that can be informed by both contemporary and historical mätauranga Mäori (Mäori knowledge), and investigated both practically and theoretically. Results of this early research reveal that post-tensioning of the cross-sectional structure not only survived into the 19th century but was expressed in surprisingly complex ways in at least two meeting houses, one from Rotorua and the other from the East Coast. POLYNESIAN TECTONICS 61
Kohika – The beginning environmental constraints and opportunities met during the settlement of New Zealand In 1997, when excavating a käinga Mäori by the early Mäori.”5 They also identified the (Mäori village) at Kohika in the Bay of Plenty, unusual concealment of the tensioning ropes archaeologists Geoff Irwin and Rod Wallace and the restraining lashings. made an important discovery. It was there that Stimulated by this find, Professor Mike for the first time sufficient artefacts from a Austin and I built a half-scale sectional model whare Mäori (Mäori house), with shaped and of the Kohika whare in an attempt to under- differentiated components, were uncovered to stand how this system was applied in practice. allow the construction of an unequivocal struc- The tension system worked impressively; it tural description of a pre-contact whare Mäori.1 compressed all the components together, form- Especially significant was the fact that the house ing stiff cross-sectional arches.6 However, there utilised the same components made familiar were many questions and potential problems in the contemporary Mäori meeting house. raised by the investigation. Apart from some Crucially, there was also clear evidence that technical issues concerning the deformation of the cross-sectional stability of the whare was arch junctions under pressure and uncertainty achieved by repetitive structural arch forma- about the final tying-off, there was a wider tions, each comprised of paired poupou (wall question left hanging: Did this technology go posts) and heke (rafters), components which on to be used in the construction of the much were locked together over the tähuhu (ridge larger whare buildings of the 19th century? It pole) by the combined application of tensile was an intriguing possibility made somewhat and compressive forces. It now seemed that the doubtful by the fact that the Kohika house accounts of Mäori house construction from the was so tiny. Its poupou rose only 70 cm above late 19th and early 20th centuries made more ground and its slender heke 145 cm long.7 The sense. Here was evidence that showed precisely idea that this fragile system might have been how each set of heke and poupou were pulled used in the construction of the large whare and tight together over the ridge pole, and also bigger churches of the 19th century was chal- evidence that eyelets had been drilled along the lenging. And yet that was what was implied by back of the heke to control the passage of the the writing of Williams and Best. tensioning rope. All of this was consistent with Initial research in 2009 was not encouraging. the accounts of The Reverend H. W. Williams Inspections of T. W. G. H. Hammond’s photo- (drawn from descriptions of Ngäti Porou prac- graphs of the original dismantling of the whare tices by kaumätua [elder] Mohi Turei)2 and the Hotunui (now fully assembled in the Auckland 19th century Mäori informants of later authors War Memorial Museum Tämaki Paenga Hira) Elsdon Best3 and Makareti.4 seemed not to show recognisable evidence of The discoveries of Kohika generated new post-tensioning, but did reveal some ambigu- interest in Mäori construction techniques. ous use of rectangular nails. From Kohika it Archaeologists Irwin and Wallace contextual- had been anticipated that any evidence of post- ised the development of tension construction tensioning in Hotunui would be concealed on in houses, interpreting it as an extension of the backs of the heke and the poupou. While marine technology. Tension and compres- it was possible to briefly access the roof of the sion structures are routine in both rigging house, the ancestors supporting the heke had systems and articulated double-hull and out- their backs firmly against the wall. rigger canoe construction. The archaeologists Then in 2010 art historian Richard Sundt proposed that the transfer of this technology published a careful account of the develop- was “…prompted by the radically different ment of the large Mäori churches of the early 62 Indigenising Knowledge for Current and Future Generations
19th century.8 In this publication he analysed construction from the 19th century was frag- the development of these buildings in relation mented. It was comprised of a small number of to traditional Mäori building technology and written accounts, both Mäori and European, Mäori exposure to colonial technologies. Sundt and a smaller number of archaeological exca- concluded that post-tension technology was vations. Between Kohika and the present day unlikely to have had relevance for the larger there was a silence that has been filled largely church and whare building projects of the mid by Sundt’s book. The museum research was to to late 19th century: reveal more evidence of the colonial fragmenta- tion of Mäori knowledge in the 19th century. It is unlikely though, that the traditional Trade in “curiosities” and museum acquisi- “tension and compression” technique used tion practices privileged carved items. Because at Kohika, achieved by lashing and the mimiro of this, collections of house components became device would be feasible for a building of unrepresentative of the whole construction. monumental proportions, and particularly There are more carved poupou, maihi and amo one like Rangiatea [at Ötaki] with the apex in museums than the typically uncarved heke reaching a height of 40 ft (12.9 m), the tallest and the frequently uncarved interior sections of of any whare in the country.9 tähuhu.10 The carved section of the latter ele- ments were often amputated and the uncarved However, Sundt’s careful argument was based sections discarded, frequently disappearing on historical reconstruction of the general and from all knowledge. specific context of church building events where Museum collections often included isolated he placed much emphasis on observers’ descrip- carved poupou from whare without associ- tions. From these and other sources he carefully ated rafters or tähuhu. The colonial market for extrapolated the relative scales of these build- native curiosities was a process that fragmented ings and their potential effects on construction. whare, erased their context and obscured their His wider conclusion seemed to be that the meaning. The resulting lack of provenance and construction of the huge Mäori churches of incomplete or vague accession information the 1840s was essentially contingent on Mäori is a characteristic of private collections and having adopted European building technology museum-held whare components. and that it was these buildings and techniques Research began by examining components that made it possible for Mäori to build the of whare to see if they indicated how junctions large scale whare of the 19th century. had been shaped and what structural system Despite this it seemed possible that evidence was implied. Did these large houses develop on of the use of post-tensioning as a construction the basis of vertical cantilevers and trabeated technique could still exist, not in historical lit- construction – essentially European technology erature as Sundt showed but in the components – as Sundt proposed? Or was there, in the iso- of the buildings themselves. My attention was lated components in museums, evidence for the therefore drawn to the components of whare persistence of the post-tensioned compression now residing in museums as artefacts. construction and its extension to these larger buildings? Inevitably the research was to focus on the cross-sectional components of the whare The Museum Project – Looking for – the poupou, the heke and the tähuhu – where evidence they could be found.
What the excavations at Kohika had made apparent was that knowledge of Mäori POLYNESIAN TECTONICS 63
The Problem of Nails backdrops – contextual displays, in which roles they received even more nails. Initially it seemed that this research would This research was frustrated by the com- be driven by the presence or absence of nails, plexities of these nails, old or new, wire or a demarcation in the Pacific associated with cut12 and by an inability to detect anything that authenticity and cultural contamination. The looked like the Kohika artefacts, or any poupou Mäori anthropologist Peter Buck accounted for or heke that had any of the configurations of the loss of building tradition in the Cook Islands lashing holes seen on the Kohika artefacts. through the use of nails: “In the structural The lack of provenance, that great signifier a‘au lashings of purlins to principal rafters, of colonial fragmentation, was both sad and certain forms were used but these have been frustrating. Focus needed to shift towards other lost through the use of trade nails.”11 possible evidence of post-tensioning. Then Early expectations in the research were that at the Rotorua Museum off-site store things the presence of nails would signal colonial tech- changed. In this collection there is the tähuhu, nology and their absence would be evidence of a door sill, a poutokomanawa (centre ridge traditional Mäori technology. However, actual pole) and a number of heke from the whare research revealed that nearly everything had Whakaue Kaipapa. nails of some sort. It became clear that the house Sometimes known as Te Kooti’s whare, components/artefacts had typically been relo- Whakaue Kaipapa was built in 1887.13 The cated, reconfigured and rebuilt, before finally powerfully carved roro (porch) section of the ending up in museums configured as theatrical tähuhu was an isosceles triangle in section and
Figure 1 E. Paton at easel outside Whakaue Kaipapa c1904, Rotorua. Museum Te Whare Taonga o Te Arawa OP-1180. 64 Indigenising Knowledge for Current and Future Generations
500 mm wide across its base.14 The bottom the lower end and, as Best described, the heke edges of the triangle had been squared and the “had a rebate or shoulder at the top”.15 It was apex flattened. Interestingly the top surfaces not until I received an image from Canterbury showed no pattern of nails or holes consistent Museum that showed the house in disrepair with the fixing of the heke. with heke suspended from the tähuhu and hang- The adzed heke of Whakaue were straight, ing eerily into the roro that I began to pay but had been curved into an angled tenon at attention to the top surface of the heke. Why had the carvers tapered the heke at the end of their top surface? And, if in 1887, the purlins had been nailed to the heke, why, in this image, were the heke hanging in space? It became apparent that the top edge of the heke could have been carefully radiused to allow the tauwhenua (tensioning rope) to pass smoothly over its top edge and then, I realised, over the radiused apex of the tähuhu. It was very hard to come up with any other explana- tion for this time-consuming modification of the end of the heke. The suspension of heke Figure 2 Heke, Whakaue Kaipapa, ventral and lateral view of upper end. from the tähuhu as shown in the Canterbury J. Treadwell 2011, Rotorua Museum Museum image seemed to be consistent with Te Whare Taonga o Te Arawa. Williams’ description, “The rafters were kept
Figure 3 The whare Whakaue Kaipapa at Awahou. Canterbury Museum, courtesy of Roger Fyfe. No date, ref. currently unavailable. POLYNESIAN TECTONICS 65 in place by lashing … the upper ends to one and of the roof and the thrust of the rafters. The another over the [tähu] …”16 ridge-pole supported the rafters, and so the An appropriate explanation for the cause of outward thrust on the walls was not great…17 the suspended rafters can perhaps be found in the image where shadows of the roof structure What this account does is differentiate between on the wall of the roro show that areas of roof the two types of whare by structural system. thatch above the roro were missing. It is easy While explaining that the poupou of the whare to imagine that the tauwhenua, exposed to sun- whakanoa were not intended to bear the weight light and rain, would have deteriorated before of roof and rafters, he also pointed out that finally failing and releasing the heke from their these wall posts were not embedded deeply in compressed position on top of the poupou. the ground. The implication here is that the Here then it seemed was a mixed body of poupou of the pre-contact whare whakanoa evidence that consistently supported the use of were also not intended to resist lateral loads post-tensioning in the construction of a whare as standing cantilevers. This is in contrast with over a hundred years after Kohika and about the pole and thatch whare with its generalised 40 years after the construction of the large system of lashed and evenly embedded poles. whare karakia (Christian churches constructed Best’s partitioning of structural responsibil- by and for Mäori congregations). The problem ity to the ridge posts and the tähuhu and his was of course that this evidence related only to recasting of the heke and poupou as a kind of the top of the structural section – the uncarved outrigger to the ridge pole and its supporting poupou of Whakaue Kaipapa predictably had posts is to clearly distinguish the “component not survived. Now it seemed necessary to look whare” from the trabeated vertical cantilever beyond nails and lashing holes and look for model of the “pole and thatch whare”. This other alignments between the texts of Williams, distinction provided a useful insight for the Best and other records from the Transactions consideration of the poupou and its engagement of the Royal Society of New Zealand with the with the ground and its joint with the heke. artefacts in the museums. But equally it seemed, from what was learnt from Whakaue Kaipapa, that there was real variation in the practice of The Role of the Poupou and its construction and because of this a wider con- Relationship to the Ground sideration needed to be given to the conception of the construction systems as well as the roles Best asserted that poupou were not deeply embed- of individual components. ded. But because they were prized as curiosities In 1924 Best wrote of the generic pole and for their carving, their embedded uncarved sec- thatch house, “In these huts the wall-posts and tions had typically been sawn off by the time those that supported the ridge pole were all poupou reached the museums. Despite this, two well sunk in the ground, and so equally tended poupou with their in-ground sections intact were to support the roof.” However, of the whare located, both at the Rotorua Museum Te Whare whakanoho (house with shaped components) Taonga o Te Arawa.18 These poupou had a 550 he wrote: mm embedment depth and an overall height of 2200 mm, a ratio of 1:4 in ground to above In the whare whakanoho the central posts ground. This was the same ratio as found with and the ridge pole may be said to support the the poupou of the church Rangiatea at Ötaki.19 house. The side posts or rather the wall slabs However, with additional variables like ground or planks were not deeply inserted in the earth, density to consider, this issue is complex and and were not intended to resist both the weight may need empirical testing to learn more. 66 Indigenising Knowledge for Current and Future Generations
It is also widely reported that poupou were rua whetu (moon shaped space) is carved out aligned with a slight inclination towards the of the top of the poupou and a corresponding centre of the whare.20 Buck wrote of this, “The semicircular shape (teremu/tongue) is formed lower ends were imbedded in the ground with a on the lower end of the heke. This junction slight lean to counteract the outward thrust of occurs with the use of semicircular rather than the rafters.”21 However, analysis of simple mod- rectangular cross-sectional heke.24 els showed that the effect of this inclination was The rua whetu/teremu junction between not so much to counteract the outward thrust heke and poupou effectively formed a blind of the rafter, as Buck suggested, but rather to socket joint with increased bearing area for lat- transfer some of the vertical load of the rafter eral in-line load transfer but with less tolerance laterally against the tähuhu. This would apply for any rotation of the joint. More investigation to both the static load of the rafter but also to will be needed to work out whether this joint environmental loads. It seems to be an impor- developed in response to improved functional tant component in understanding the structural requirements or whether it had a primarily system of the whare, and it implicates the mass aesthetic motivation. of the tähuhu as part of the system of stability as well as its role as a member for vertical support. Heke in the Literature
The Mortice and Tenon Joint between There is widespread mention in the early litera- Heke and Poupou ture of whare rafters being curved,25 particularly in relation to the shoulder or rebate with which It is the implication of lateral as well as verti- the heke engaged the tähuhu, as discussed in cal force on the poupou that can be seen in the relation to Whakaue.26 This rebate acted to development of the widely described mortice maintain the position of the heke against the and tenon junction found between poupou squared edge of the tähuhu but relied on pres- and heke. This joint functioned to resist both sure to maintain contact. Curved rafters were lateral and vertical loads without lashing but clearly a characteristic of 19th century whare was vulnerable to rotation in some circum- construction but their distribution is not well stances.22 Its early form was documented at understood although they have been associated Maungakaware between the 16th and 17th with both the Whanganui region and the East centuries.23 As a joint it still retained qualities Coast. of the traditional crossing joint found widely The one incomplete set of curving heke in Pacific fale (house) and the lower end of the located with secure provenance belonged to the heke remained free to support an eave. Since 1865 Mäuitikitiki a Taranga whare (Tairawhiti Kohika, the mortice and tenon joint can fairly Museum).27 These 3.6 m long adzed heke have be associated with the post-tensioning as it an average 100 mm curving deviation from a provides a secure resistance to the components straight line drawn between the rafter ends. of vertical and lateral forces involved. They feature a rua whetu junction at the lower end and a straight rebate at the top.28 This set of rafters is important in that, with Description of the Rua Whetu Joint the application of tension through the tau- whenua, it can be seen that the ends of the heke Intriguingly, at some time during the 19th cen- would have been tightly compressed between tury a variant to the rectangular tenon joint the poupou and the tähuhu. However, there developed. In this junction, a crescent shape is evidence for one more level of sophisticated POLYNESIAN TECTONICS 67
Figure 4 Mäuitikitiki a Taranga: curved heke and rebated poupou. J. Treadwell, 2011. control having been applied by Mäori builders structure of the whare karakia of the 1840s. in the formation and control of the structural In conclusion, there was one final discovery cross section of the whare Mäori. In his notes to within the New Zealand museums that strongly the article by Williams, Apiriana Ngata pointed confirmed the use of a tension and compres- out that the kaho (purlins) varied in thickness, sion construction in large scale 19th century “the kaho-patu being the thinnest, and the whare. At the Museum of New Zealand Te centre kaho the thickest”.29 While this sounds Papa Tongarewa there are photographs of a insignificant and unlikely to have structural sig- prominent early house from the East Coast. nificance, test models showed that by separating These images of the back of the poupou and the the axis of tension from the axis of compression, heke show precisely the same structural features control could be exerted over the curvature of as the poupou from Kohika. Below the rebate the heke. By applying tension to the tauwhenua, for the heke (the mortise) were the same lashing the camber of the heke could be slightly flat- holes for the tauwhenua as on Kohika artefact tened, an effect which marginally increased the “Koh 9” (Whakatane Muesum). At the centre length of the heke and therefore the compres- bottom of every heke from the larger house sion and security of the joints at both ends of was a hole drilled to guide the tauwhenua over the heke. In other words, the combination of the and perhaps around the kaho paetara, to be pre-cambered rafter and controllable tension- lashed off against the back of the poupou. On induced compression provided a mechanism this much wider heke this hole is the functional that provided lateral stability through joint equivalent of the paired holes that are featured stiffness even over significant rafter spans in on the top surface of the Kohika heke. the whare Mäori. This is a mechanism that Although the Kohika poupou is much has significance in the reconsideration of the smaller, the signature of the lashing holes in 68 Indigenising Knowledge for Current and Future Generations
Figure 5 Diagrammatic cross section of a whare showing pre-cambered heke and tension- induced compression of the cross-sectional structure. J. Treadwell, 2011.
Figure 6 Poupou and heke from the small house at Kohika and the back of a much larger fully carved poupou from an early East Coast meeting house. Figures to the same original scale. J. Treadwell, 2011. POLYNESIAN TECTONICS 69 the back face of the East Coast whare is unmis- 5. Wallace, R.; Irwin, G. New Zealand Journal of takable. From the experience of making a scale Archaeology, 2000, 22, 84. 6. See Treadwell, J.; Austin, M. In Cultural model of the Kohika artefacts we had learnt Crossroads, Society of Architectural Historians that the pair of horizontal holes are precisely of Australia and New Zealand; Gatley, J., Ed.; where they need to be to tie off the tail of the SAHANZ: Auckland, 2009, CD-ROM. tauwhenua while maintaining tension in the 7. Wallace, R.; Irwin, G.; Neich R. In Kohika: The lashing. Archaeology of a Late Mäori Lake Village the Additional work is required to better under- Ngati Awa Rohe Bay of Plenty New Zealand; stand the processes and the technical concepts Irwin, G., Ed.; Auckland University Press: Auckland, 2004; pp 134 & 139. The scale ref- behind the construction of the large scale erence for the KOH9 is incorrect; the correct meeting houses and whare karakia of the 19th measurement of this item is 700 mm. century. There is now evidence, however, that 8. See Sundt, R. Whare Karakia, Mäori Church post-tensioned construction was being used at Building, Decoration & Ritual in Aotearoa New the time that the famous church Rangiatea and Zealand 1834–1863; Auckland University Press: the early Manutuke churches were constructed Auckland, 2010. 9. Sundt, R. Whare Karakia; p 166. and for several decades after. 10. There are not many heke in New Zealand muse- In the same way that the early carved meet- ums that can be closely examined and even less ing houses of the East Coast anchored the art with reliable provenance. Many sets of raft- of whakairo räkau (wood carving) at a time of ers like those from Nuku-ti-apiapi in Rotorua cultural fragmentation, we now find that their and Rangitihi in the Auckland War Memorial constructional technology can help to rein- Museum Tämaki Paenga Hira are late 19th cen- stall understanding of 19th century large scale tury or early 20th century replacements of lost originals. These rafters have the teremu (tongue) Mäori construction, not as simple and additive form by adding timber thickness to the bottom trabeated formations but as sophisticated and of the heke. finely manipulable architecture. 11. Buck, P. (Te Rangi Hiroa). The Material Culture of the Cook Islands (Aitutaki); T. Avery and Sons: New Plymouth, 1927; p 45. Endnotes 12. Issacs, N. Construction History: Journal of the Construction History Society, 2009, 24, 84–85. 13. Neich, R. Painted Histories: Early Mäori fig- 1. Bellwood, P. Archaeological Research at urative painting; Auckland University Press: Maungakaware Waikato 1968–1970; University Auckland, 1993; p 116. of Otago: Dunedin, 1978; figs 11 & 38. The com- 14. Williams, H. Journal of the Polynesian Society; ponents of a house discovered at Maungakaware p 147. in 1968 allowed a structural sequence of a large 15. Best, E. The Mäori; Board of Mäori Ethnological house to be established but without the detailed Research and Polynesian Society: Wellington, evidence of how it was fixed together. Further, 1924, 2; p 563. many of these components were significantly 16. Williams, H. Journal of the Polynesian Society; degraded making interpretation less certain. p 147. Williams describes the use of permanent 2. Williams, H. Journal of the Polynesian Society, ropes to be used on the backs of the rafters to 1896, 5, 145. secure the individual kaho. These ropes were then 3. See Best, E. The Mäori As He Was: A Brief fixed to the back of the tähuhu. Account of Mäori Life as it was in pre European 17. Best, E. The Mäori As He Was: A Brief Account Days; Government Printer: Wellington, of Mäori Life as it was in pre European Days, 1924. 4th ed.; Government Printer: Wellington, 1974; 4. Makereti (Maggie Papakura). The Old-Time p 243. Mäori: Makereti; New Women’s Press: Auckland, 18. Poupou, Accession No. 551 & 552, Rotorua 1986; p 33. Museum off-site store. 19. Sundt, R. Whare Karakia; p 166. 70 Indigenising Knowledge for Current and Future Generations
20. “In shape they were generally a parallelo- University in Germany has a notch for a rectan- gram, with their walls always slightly inclined gular heke tenon. inwards.” Transactions and Proceedings of the 25. For example, see Transactions and Proceedings Royal Society of New Zealand 1868–1961. of the Royal Society of New Zealand 1868–1961, 1868, 1, 12. 1875, 8, 172. 21. Buck, P. (Te Rangi Hiroa). The Coming of the 26. Williams, H. Journal of the Polynesian Society; Mäori. Mäori Purposes Fund Board: Wellington, p 149. See also Best, E. The Mäori. 2; p 563: “It is 1958; p 123. noted that rafters of such houses are often curved 22. Sundt, R. Whare Karakia; p 118. somewhat, not straight hewn, the convex side 23. Bellwood, P. Archaeological Research; p 71. being uppermost. The upper ends of the rafters 24. Simmons, D. Meeting Houses of Ngati Porou were so fashioned as to fit against the ridgepole, o Te Tai Rawhiti; Reed: Auckland, 2006; p 19. being provided with a shoulder.” The earliest known appearance of the rua whetu 27. Simmons, D. Meeting Houses of Ngati Porou; seems to be on the Whangara poupou, originally p 39. from Hinematioro’s house (c.1790) on Pourewa 28. There are partial sets of heke in The Museum of Island in Tolaga Bay and now in the Auckland New Zealand Te Papa Tongarewa which have War Memorial Museum Tämaki Paenga Hira. accession numbers but no provenance. A number However, the other early poupou known to be these show rua whetu / teremu joints and are from the same area (Uawa) now at Tuebingen clearly curved. 29. Ngata, A. Journal of the Polynesian Society, 1896, 6, 85–88. Whare for Grabs
The sale of wharenui overseas, 1880–1965
Ngarino Ellis, La‘a Tamarau and Chloe Weavers
Abstract
Between 1880 and 1965 at least six whare whakairo (embellished Mäori meeting houses) were crated up and sold overseas primarily to museums but also to other sites, such as a stately house garden in southern England and a tourist village in Hawai‘i. All remain there today living sepa- rate lives away from their türangawaewae (place to stand) and tangata whenua (people of the land). This paper seeks to trace four of these whare from their original production, through to their sale and on to their present realities in order to understand how these wharenui (meeting house) are being managed today in relation to their identity as Mäori cultural heritage. Lastly the paper will consider what their relationship is to local Mäori living and in one case working close to them now, and to their source communities back home. The wharenui discussed are Rauru (Germany), Hinemihi (United Kingdom), Ruatepupuke (United States) and Te Aroha o Te Iwi Mäori (Hawai‘i). All remain potent symbols of tribal identity here in Aotearoa, and icons of New Zealand overseas.1
Introduction located in New Zealand thanks to the Protected Objects (Amendment) Act 2006. According to In November 2011 the Ngäti Tarawhai James Schuster, great-grandson of the house’s wharenui (meeting house) named Te Tiki-a- carver Tene Waitere, at least four tenderers had Tamamutu was put up for tender at Webb’s been registered with Webb’s who were willing Auction House, Auckland. This was the first to pay the valuation of up to $12 million.2 This meeting house to come onto the open market paper seeks to provide a discussion of the move- in over 100 years. Its final destination will be ment of whare whakairo (embellished Mäori 72 Indigenising Knowledge for Current and Future Generations
meeting houses) globally over the past 120 (guardianship) is an over-riding concern. The years. The focus is on four meeting houses which museums’ governing body, Museums Aotearoa, remain standing complete – two in the United makes this emphatic in their Code of Ethics, States, one in England and another in Germany. recognising the concept of collective owner- Such histories have caught the attention of a ship (1.2 (b)(ii)) and charges museums with number of disciplines, most notably anthropol- developing policies in relation to their trus- ogy, from where the majority of recent books teeship of taonga (Mäori treasures), both at focused on these wharenui have emerged, such the point of collection, but also in relation to as Nicholas Thomas’s Rauru (2010) following future development, such as in exhibitions. It is Roger Neich’s Carved Histories (2001). More incumbent upon individual museums to create recently the emerging disciplines of Mäori Art these meaningful relationships and put in place History and Mäori Architecture have examined guidelines for their staff.5 As the MCH scholar the houses in relation to their aesthetic as well Conal McCarthy warns, “Museums and Mäori as cultural contexts, most notably with Deidre are at a crossroads, and unless there is resolu- Brown’s Mäori Architecture (2010), Damian tion of some substantive issues, iwi (tribes) will Skinner’s The Carver and the Artist (2010), increasingly abandon mainstream institutions and Ngarino Ellis’s Ngäti Porou Carving to contrast their own cultural centres and other 1830–1930 (forthcoming). Given the present independent initiatives.”6 locations of the wharenui, scholars of Museums Whilst kaitiakitanga exists as a potent guide and Cultural Heritage (MCH) have also centred for museums and institutions in Aotearoa their attention on them, discussing their history New Zealand, what is the situation overseas? of collection and display, as described in the Globally, cultural heritage, both tangible next section. (monuments and collections of objects) and intangible (oral traditions, knowledge and skills),7 is protected by a number of differ- Cultural Heritage Management ent international agencies, most notably the United Nations Educational, Scientific and The role of the museum and how their collec- Cultural Organisation (UNESCO). The 1970 tions are managed has shifted substantially over Convention Prohibiting and Preventing the the past 40 years. Central to this shift is the Illicit Import and Transfer of Ownership of understanding that collections are not simply Cultural Property recognised the importance physical objects but have a spiritual value and of protecting cultural heritage. Similarly, the living connection with the communities which 1995 International Institute for the Unification they are from (“source communities”). As a of Private Law (UNIDROIT) Convention on result, museums have shifted from consultation Stolen or Illegally Exported Cultural Objects only towards “partnership rather than super- brought into the spotlight the entangled his- ficial involvement” so that there is a “sharing tories of objects moved from jurisdiction to of skills, knowledge and power to produce jurisdiction illegally, and underlined the ongo- something of value to both parties.”3 Cultural ing importance of cultural heritage to cultural Heritage Management has emerged as a broad groups. discipline that provides a framework for cul- Both Conventions were not ratified into New tural heritage, reflecting the way that museums Zealand’s legal system until 2006 with the see themselves, moving from a premise of store- passing of the Protected Objects Amendment house of empire to preserver of culture.4 Act, a delay criticised in a number of circles. Within the field of MCH in Aotearoa Within this Act, meeting houses fall under New Zealand the concept of kaitiakitanga the category of “Taonga Tüturu” which are WHARE FOR GRABS 73 defined as, “objects of more than 50 years that he was under the impression that Hinemihi was relate to Mäori culture, history, and society and only to be moved into “an Auckland museum”, that were, or appear to have been, imported and since her people had left Te Wairoa, he into New Zealand by Mäori, manufactured thought she would be better cared for there.13 or modified in New Zealand by a Mäori, or Unbeknownst to Aporo, Dansey was acting on used by Mäori.” Their export or attempted behalf of William Hiller Onslow, 4th Earl of export are prohibited under section 5 “unless Onslow, who had requested a whare whakairo prior approval has been obtained by the chief to take back to his estate at Clandon Park in executive of the MCH [Ministry of Culture Surrey, England as a “souvenir” to remember and Heritage]”; for example, for an overseas his time as Governor General of New Zealand.14 exhibition.8 Subsequently Hinemihi was dismantled and shipped to England, where her role changed from a whare tüpuna (ancestral house) to gar- Ngä Tipi Haere o Ngä Wharenui (The den folly in an English estate. In 1956, the Wanderings of the Meeting Houses) Onslow family donated the Clandon estate to the country’s leading conservation society and Hinemihi was completed in 1881 under the largest landowner, the National Trust, where direction of Aporo Te Wharekaniwha, the she stands to this day. head chief of the Ngäti Hinemihi hapü (sub- Ruatepupuke was also commissioned in tribe) and carved by tohunga whakairo (master the 1880s as a whare tüpuna, this time at carver) Wero Taroi of Ngäti Tarawhai and his Tokomaru Bay by Mokena Romio Babbington student Tene Waitere.9 She was placed at Te of Ngäti Porou. Carved by Hoani Ngatai of Wairoa to capitalise on the tourists who came Ngäti Porou,15 the wharenui is named after to visit the nearby Pink and White Terraces. Ngäti Porou’s tüpuna (ancestor), Ruatepupuke, As such, she was one of the first examples of who brought the art of woodcarving up from a wharenui functioning as a “show” house.10 the domain of Tangaroa. An earlier house of She also functioned as a meeting house and the same name had been dismantled in 1820 to matters directly related to the hapü, such as protect him from being targeted by inter-tribal tangihanga (ceremonies associated with the looters and was hidden in Maungahauini River, death of a person), were prioritised over her where he remained.16 Witi Ihimaera suggests commercial function.11 The eruption of Mount that not only was the rebuilding of the wharenui Tarawera on 10 June 1886 set off a chain of in the 1880s an act of reclamation of their ances- events leading to her sale and subsequent jour- tor, but it was also part of a wider East Coast ney to England. Although Hinemihi and the movement to re-establish the meeting house as a 45 people she sheltered within her survived symbol of Mäori sovereignty.17 The political role the eruption, the devastation of the eruption that Ruatepupuke held was evident in his grand resulted in the site being declared an urupä opening ceremony on the 23 September 1881, (burial ground) and the area was declared a attended by 1,500 Mäori, as well as a number of wähi tapu (sacred place).12 important Päkehä (New Zealanders of European In 1892 Rotorua’s Post Master Roger descent). Despite this significant birth, by the late Dansey, under the direction of the Department 1880s Ruatepupuke was in considerable disre- of Native Affairs, arranged the purchase of pair and in the late 1890s he was sold to a local Hinemihi from Te Wharekaniwha’s son, Mika dealer in Mäori curios, Mr. Hindmarsh. The Aporo, for £50. By this time Ngäti Hinemihi reason why he sold the house is still unknown; had relocated around the country. In an inter- however, Ihimaera suggests several possible view 40 years after the purchase, Aporo stated reasons, including squabbling within whänau, 74 Indigenising Knowledge for Current and Future Generations
as well as feelings that the subject matter and his friend the ethnologist Augustus Hamilton’s style of the whakairo was unsuitable to the orthodox doctrine of how Mäori art should be Christianised Ngäti Porou.18 As with Rauru, represented.23 Nelson instructed the carvers Ruatepupuke was dismantled and on-sold to J. to copy specific illustrations from Hamilton’s F. G. Umlauff, one of the most active dealers of book Mäori Art (1896–1900), resulting in ethnological objects in Europe, and shipped to Rauru becoming one of the earliest exam- Hamburg, Germany. In 1905 George Dorsey, a ples of a house for which carvers replicated Curator of Anthropology at the Field Museum whakairo (carvings) from illustrations.24 in Chicago, purchased Ruatepupuke for 20,000 Within six months of Rauru opening in 1900, German marks, and the house was shipped to Nelson began looking for prospective buyers.25 Chicago and put on display in 1925. In accordance with his obligations under the The third house overseas is Rauru of Ngäti Mäori Antiquities Act 1901, he first offered Whaoa and Ngäti Tarawhai. Carvings for this Rauru to the New Zealand Government for house were initially commissioned by Tara Te £1200 but was rejected, enabling him to sell Awatapu and Te Poroa of Ngäti Whaoa but the house in 1904 to the Umlauff dealers who the house was never completed and a tapu were also selling Ruatepupuke.26 Six years later (sacred restriction) was placed on the house. In the Museum fur Völkerkunde in Hamburg pur- the mid-1890s a local tourist operator, Charles chased Rauru for 35,000 marks27 and the house Nelson, approached Te Keepa Rangipuawhe was resurrected inside the museum in 1915. of Tuhourangi to broker the sale of the exist- Te Aroha o Te Iwi Mäori differs from the ing carvings, and soon after the carvings were other whare described due to his connec- “sold” for “a substantial gift to Te Waru”.19 tions with the Mormon Church and because In 1896 Nelson commissioned Ngäti Tarawhai he has retained the same owner and function carvers Tene Waitere, Anaha Te Rahui and throughout his life. The wharenui, along with Neke Kapua to construct a whare whakairo a pätaka (raised storehouse) and a waka taua into which Te Waru’s carvings would be inte- (war canoe), was commissioned in 1960 by grated. Although many carvers were reluctant the Mormon Church as the nucleus for the to work with the carvings, Waitere was able to Aotearoa Village at the Polynesian Culture work with them as he had given up his tohunga Center in Laie, Hawai‘i.28 The Polynesian whakairo status by being present at the birth Cultural Center (PCC) is a living museum, of his daughter.20 which showcases eight villages from the Pacific. Nelson’s aim was to create a whare whakairo The Centre arose from missionary Michael that was better and more “complete” than any Crowley’s vision of creating villages as historic whare that Mäori had ever built.21 His aim was reminders of Polynesian culture.29 In the 1960s, predicated on the belief that Mäori and their the Mormon Church began to put Cowley’s culture and art would soon be eroded away by vision into place. When the Church’s initial colonial influences and so Rauru would pre- proposal to transport an existing wharenui was serve and showcase this dying art form. As such met with dissent by the local Ngäti Kahungunu Rauru was to have a purely touristic function, community, the Church decided to commission with the intention that after a few years located a completely new wharenui. The Ngäti Porou in Whakarewarewa the wharenui would be carver Hone Taiapa was contracted as Head exhibited at the Paris World exhibition and Carver with fourth-generation Mormon John finally sold to the Government to be exhibited Elkington as the project manager.30 Although in Auckland.22 some carvers, including Tuti Tukaokao and Jim The iconography and stylistic elements of Ruru were also hired on contract, the major- the whakairo were governed by Nelson and ity of the carvers involved, including Barney WHARE FOR GRABS 75
Christy, Anaru Kohu and Taka Walker, worked Act (NAGPRA) impelled museums and other on a voluntary capacity, as part of their labour cultural institutions to look closely at their mission for the Mormon Church.31 collections, and begin listing each and every The construction of the wharenui was guided object with a view to making available such by the touristic function of the wharenui. The information to tribal and other cultural groups. direction of the project was to create a wharenui Human remains and funerary objects were to which represented the whole of Aotearoa as be returned, but more problematic were those an example to showcase Mäori as a collective. with tricky histories in which the pathway into This collective identity was emphasised by the a particular museum was through misunder- Church’s instruction that none of the whakairo standings at best, and wholesale theft at worst. could be named after any tüpuna. Despite this Within New Zealand, taonga have a long instruction, the carvers later revealed they history of being stolen, looted or confiscated nevertheless named the whakairo after their or taken during times of disadvantage. Many own ancestors, as well as contemporary Mäori reside on museum shelves as a result of iwi being leaders Sir Äpirana Ngata and Sir Peter Buck. unable to prove their claim to them due to lack Christie, who carved his ancestor Hikairo, of formal evidence. Oral claims are still treated stated he felt good about creating tüpuna des- with suspicion, and there is still a heavy reliance tined for Hawai‘i, as he was comforted by by museums and other cultural institutions on knowing that the whakairo tüpuna (ancestor photographic or written proof of ownership. carving) was going to a place closer to where The four case studies presented here are in Mäori had originated from. All of the carvings a different category. Arguably, each was sold and tukutuku (lattice wall panels) were made by a tribe knowing of the likely future of the onsite at the Church’s carpentry workshop on house, and particularly that they would be Temple Street in Hamilton in 1963.32 When taken overseas. It is often difficult for present- the 60 whakairo and 44 tukutuku panels were day generations to understand the mindset of completed later that year, they were shipped their ancestors in relinquishing ownership. The to Hawai‘i and the house erected by Taiapa, anthropologist Paul Tapsell writes of two dif- Panere and Elkington who travelled to Hawai‘i ferent types of trajectories of taonga; in the to erect the wharenui.33 In 1963 the house was first instance a taonga “briefly appears and named “Te Aroha o Te Iwi Mäori” and opened then just as quickly disappears.… Relevant as the centrepiece for the Mäori village at PCC, treasures reappear and are displayed or gifted, which is probably the most well-patronised pay- before being hidden away again, sometimes for to-enter tourist attraction in Hawai‘i. generations.”34 For these taonga, Tapsell uses the metaphor of the tüï bird. Conversely, other taonga are symbolised as comets in which they Cultural Heritage Management and are presented to other kin groups, “not only to Wharenui Overseas re-affirm the current social-economic-political relationships between two kin groups, but also Heightened calls for sovereignty in the 1970s to symbolise utu, a transference of indebtedness, reverberated in museums globally as indigenous in accord with the occasion.”35 Yet how do the peoples began identifying items of their cultural wharenui discussed here fit within these catego- heritage in museums and questioning the ways ries? They have not been kept in the tribe, nor in which they were acquired. This prompted presented to another who will, presumably, at new legislation in some countries, such as some later stage return (repatriate) them. the United States where in 1990 the Native Arguably the iwi involved in these American Graves Protection and Repatriation wharenui have retained the knowledge of 76 Indigenising Knowledge for Current and Future Generations
their whereabouts since their departure from (welcome speeches), song and food, using spe- home soil. Yet this has not deterred calls by cifically Ngäti Hinemihi kawa (protocols).38 some sections within tribes for the return of In doing so, Hinemihi retains her identity in the wharenui. For instance, there have been relation to her ongoing relevance to those “at four repatriation claims for Hinemihi by both home”. Ngäti Hinemihi and other groups, which signi- A similar situation occurs in Laie, Hawai‘i fies her importance not only to Ngäti Hinemihi with the house Te Aroha o Te Iwi Mäori. but also her national significance as a survivor Within the Mäori Village at the PCC, it is used of the Mount Tarawera eruption. In a similar by the diasporic Mäori Mormon community as way, the Ngäti Porou house Ruatepupuke has part of their tourist shows. Several times a day, been claimed by Witi Ihimaera by his personal manuhiri (tourists) are treated to a pöwhiri, belief “that all of these meeting houses should and are welcomed onto the marae and into be brought back. Because, if our marae is our Te Aroha o Te Iwi Mäori, the largest of four türangawaewae, then while they are away the wharenui in the Village. Over the course of 45 people who belong to them are in limbo.”36 minutes manuhiri are treated to a history of Indeed, to date there have been two successful the house and a brief introduction to Mäori cases of repatriation of an entire wharenui from culture, along with waiata (songs) and haka museum collections. In 2011 the Government (performances). This is carefully stage-managed agreed that Te Hau ki Türanga will return to by the Village’s Manager, Seamus Fitzgerald, the people of Rongowhakaata after almost 140 working together with the resident kuia (female years in Wellington as one of the cornerstones elder), Rahera Turei, niece of the incomparable of the Mäori exhibition in the national museum. kapa haka (performance) leaders, Bub and Nan Similarly the Ngäti Awa house Mataatua, which Wehi. They lead a team of students attending was confiscated around the same time as Te Hau Brigham Young University, whose scholar- ki Türanga for similar reasons, was repatriated ships require that they work in the Village as to the tribe from Otago Museum, and re-opened attendants. During a recent discussion with one in late 2011 in Whakatane as an enduring sym- of the authors, Fitzgerald noted that many, if bol of Ngäti Awa persistence and determination. not most, of the students knew relatively little However, the wharenui overseas have a dif- about “Mäoritanga” (Mäori culture, practice ferent set of relationships which surrounds them. and beliefs) yet by the time they finish work- Not only are there those from the museum or ing at the PCC they are well-versed in many cultural institution, and those from the “source aspects of marae culture, such as karanga (for- community”, but also there are frequently a mal female welcoming call to visitors/tourists), community of diasporic Mäori who consider whaikörero, haka and waiata, as well as know- such wharenui as potent icons of home. For ledge of the history of Mäori, and by extension the London-based Mäori group called Ngäti themselves. He considers this to be a very posit- Ränana, Hinemihi has evolved into acting as ive, and unexpected, offshoot of their time at their whare runanga (meeting house) and whare the Village. wänanga (house of learning). Furthermore, Museums now recognise the importance of they have been asked by Ngäti Hinemihi, the forging and maintaining ongoing, meaningful hapü owners in New Zealand, to practice kai- relationships with source communities. The tiakitanga (guardianship) over Hinemihi on Schuster whänau (extended family) remain cen- their behalf.37 This is despite the legal owners tral to the lives of both Hinemihi and Rauru. being the National Trust. As such Ngäti Ränana As an example of the changing values of muse- has taken on the role of welcoming visitors ums and knowledge of museum collections by with pöwhiri (formal welcome), whaikörero Mäori, it was not until 1986 that the Museum WHARE FOR GRABS 77 fur Völkerkunde in Hamburg received their first high quality images available for viewing as a official visit by Mäori, with a delegation which Picasa web album.45 included Emily Schuster, a renowned weaver. After the dawn ceremony the group reassured the museum that repatriation claims would not Conclusion be made39 but rather their interest was in making the wharenui’s history and importance “alive”’ Is there value in taonga, and in particular to the museum’s audiences. In 2011, discussions wharenui, overseas remaining away from began between descendants of the carvers and home? Should they be returned? What is their the Museum fur Völkerkunde in order to reor- role abroad? Or does their foreign role out- ganise the display of the wharenui. In August weigh the need to return them home? Deidre of that year the Museum’s director Wulf Kopke Brown asks if the educative value of a taonga, and Curator Jeanette Kokott travelled to New or groups of taonga, in a foreign public collec- Zealand to continue discussions of this pro- tion outweighs its significance and value once it posal.40 This was followed in November 2011 returns home? One possibility gaining increas- with a visit to Hamburg by James Schuster.41 In ing interest is the concept of digital repatriation. October 2012 the Museum plans to open their Here taonga are photographed digitally from all new display of Rauru on the centenary anniver- angles, or three-dimensionally scanned, and this sary of his first display, complete with “a tira documentation put together with their museum (travelling party), including a kapa haka group catalogue information. This can be sent back and pakeke (elders)” from Ngäti Hinemihi.42 – “repatriated” – to source communities who This follows a similar process of reconnec- can then, possibly, create a full inventory which tion which for Ruatepupuke in Chicago began could be made available online but also in print with the arrival of Te Mäori exhibition in 1986. format. This could evolve and be added to con- This prompted the Field Museum to consider tinually, and accessed by artists. the state of the house and as a result, in 1987 Museums and other institutions have worked John Terrell and eighteen others from the Field hard to forge strong relationships with the rel- Museum visited Tokomaru Bay under the invi- evant wharenui communities, whether they be tation of Ngäti Porou to discuss the future of Mäori living in England, hapü or descendants Ruatepupuke. At that hui (meeting), despite of the carvers. In doing so they have ensured, at many Ngäti Porou requesting the return of least for the moment, that these wharenui will their wharenui, a resolution was made that they remain overseas. Indeed, it seems that this may would work together to restore the wharenui be the best possible alternative to repatriation back to a living marae. This resulted in major for Mäori in that they can, to a certain extent, renovations to the house in 1992 under the cura- retain some control over the way in which the torship of Arapata Hakiwai and John Terrell. house is used and presented. Two Mäori interns, Hone Ngata and Hinemoa The tender of Te Tiki a Tamamutu brings Hilliard, were brought to Chicago to work on into the spotlight the entangled history of the the house over several months. New tukutuku movement of wharenui.46 It is often difficult for panels were made by women on the East Coast descendants of carvers, owners and patrons to and sent to Chicago where they were installed in acknowledge that for some of these wharenui at the house.43 Ruatepupuke II was formally reo- least, it seems that this was a strict sale and pur- pened the following year. Today, the whare is chase agreement. For others, such taonga can used as the basis for a workshop entitled “Marae never be sold. The wharenui discussed here are Encounters” and the Museum maintains an examples of Mäori culture and remain impor- informative website,44 complete with detailed, tant icons for Mäori both in New Zealand and 78 Indigenising Knowledge for Current and Future Generations
those so far from home, like Ngäti Ränana. For 6. Museums and Mäori. Heritage Professionals, the diasporic communites, returning home to Indigenous Collections, Current Practice. Te Papa Press: Wellington, 2001; p 246. Aotearoa might be many years away, or possibly 7. For a complete definition see www.unesco.org never happen. Yet being Mäori remains central (accessed: 20 November, 2011). to who they are. For the 100,000 Mäori living 8. Davies, P.; Myburgh, P. The Protected Objects in Australia, for instance, their türangawaewae Act in New Zealand: Too Little, Too Late? (place to stand) is shifting. Like New Zealand International Journal of Cultural Property, urban Mäori, Mäori in major Australian cities 2008, 15, 330. have plans to build their own marae in Perth, 9. Neich, R. Carved Histories: Rotorua Ngäti Tarawhai Woodcarving. Auckland University Melbourne and Sydney within the next 2 to Press: Auckland, 2002; p 201. 5 years. It seems then that wharenui overseas 10. Bremner, H. Constructing, Contesting and remain important ambassadors of Mäori cul- Consuming New Zealand Tourism Landscape: ture, as well as a place in which local Mäori A History of Te Wairoa. Ph.D. Thesis, Auckland can call home. University of Technology, Auckland, 2004; He aha te mea nui. He tangata, he tangata, p 160. 11. Bremner, H. Constructing, Contesting; p 161. he tangata. 12. Schuster, J. Personal interview by La‘a Tamarau and Chloe Weavers, 2 February, 2010. 13. Sully, D.; Gallop, A. In Decolonizing Endnotes Conservation: Caring for Mäori Meeting Houses outside New Zealand; Sully, D., Ed.; Left Coast 1. This essay is part of an ongoing project enti- Press: California, 2007; p 133. tled “Dreams of Home? Mäori Meeting Houses 14. Sully, D.; Gallop, A. Decolonizing Conservation; Overseas” which was initially funded through p 135. the Summer Scholarships Programme by the 15. Ngatai’s style is distinct, with his penchant Faculty of Arts at The University of Auckland for experimentation with surface decoration over December 2009 and January 2010. This as well as the “piggy-back” positioning of fig- enabled La‘a Tamarau and Chloe Weavers to ures as identified by Bob Jahnke (Jahnke, R. research and write annotated bibliographies on He Tataitanga Ahua Toi. The House that each of the four wharenui as well as on the area of Riwai Built. A Continuum of Mäori Art. Ph.D. cultural heritage management. Further research Dissertation, Massey University, 2007; p 154). was undertaken by Ngarino Ellis in the first half 16. Hakiwai, A.; Terrell, J. Ruatepupuke: A Mäori of 2011 and each of the wharenui was visited as Meeting house. Field Museum: Chicago; p 13. part of her sabbatical project. 17. Hakiwai, A.; Terrell, J. Ruatepupuke; p. 13. 2. Akuhata, W. Ancestor hopes for return of 18. Ihimaera, W. The Meeting House on the Other wharenui, The Daily Post, 18 November, 2011. Side of the World. In Te Ata: Mäori Art from the There are other wharenui overseas but these are East Coast, New Zealand; Ihimaera, W., Ellis, not standing at the time of writing. One example N., Eds.; Reed Publishing: Auckland, 2002; p 93. is Te Wharepuni a Maui in Stuttgart, which was 19. Neich, R. Carved Histories; p 333. also carved by Tene Waitere. 20. Schuster, J. Personal interview by La‘a Tamarau 3. Peers, L.; Brown, A. Introduction. In Museums and Chloe Weavers, 2 February, 2010. and Source Communities; Peers, L., Brown, A., 21. Garbutt, E. In Decolonizing Conservation: Caring Eds.; Routledge: London, 2003; p 2. for Mäori Meeting Houses outside New Zealand; 4. Brown, D. Museums as Cultural Guardians. In Sully, D., Ed.; Left Coast Press: California, 2007; South Pacific Museums; Healy, C., Whitcomb, p 114. A., Eds.; Monash University Press: Clayton, 22. Hakiwai, A.; Terrell, J. In Decolonizing 2006; pp 9.1–9.10. Conservation: Caring for Mäori Meeting Houses 5. See McCarthy, C.; Cobley, J. Museums and Outside New Zealand; Sully, D., Ed.; Left Coast Museum Studies in New Zealand: A Survey of Press: California, 2007; p 144. Historical Developments, History Compass, 23. Schuster, J. In Rauru; Thomas, N., Ed.; Otago 2009, 7 (2), 395–413. University Press: Otago, 2009; p 34. WHARE FOR GRABS 79
24. Kullberg, P. Charles E Nelson: A White Tohunga: outside New Zealand; Sully, D., Ed.;: Left Cross The Biography of a Remarkable Navigator, Press: California, 2007; p 154. Entrepreneur and Humanitarian: Sweden & 38. Schuster, J. Personal interview by La‘a Tamarau New Zealand 1829–1909; IK Foundation: and Chloe Weavers, 2 February, 2010. London, 2003; p 81. 39. Schuster, J. Personal interview by La‘a Tamarau 25. Kullberg, P. Charles E. Nelson; p 81. and Chloe Weavers, 2 February, 2010. 26. Garbutt, E. Decolonizing Conservation; p 114. 40. Kereopa, L. Rauru Revamp Ushers in Centenary, 27. Kullberg, P. Charles E. Nelson; p 100. The Daily Post, 30 August, 2011. 28. Vaassen, S. Noted Mäori Carver Says ‘This is my 41. Kokott, J. Re: Use of image of Rauru. Email Last Meeting House’, New Zealand Women’s message to Ngarino Ellis, 27 November, 2011. Weekly, March 4, 1986; p 18. 42. Kereopa, L. Rauru Revamp Ushers in Centenary, 29. Skinner, D. The Carver and the Artist: Mäori Art The Daily Post, 30 August, 2011. in the Twentieth Century. Auckland University 43. The weavers gathered materials from around Press: Auckland, 2008; p 62. Tokomaru Bay. The panels were based on the 30. Skinner, D. The Carver and the Artist; p 66. original poutama patterns of the wharenui. 31. Skinner, D. The Carver and the Artist; p 66. Aspinall, P. A New Thread is Woven. In Hakiwai, 32. Skinner, D. The Carver and the Artist; p 65. A.; Terrell, J. Ruatepupuke; p 16. 33. Skinner, D. The Carver and the Artist; p 77. 44. Ruatepupuke II: Pacific Anthropology at the 34. Tapsell, P. The Flight of Pareraututu: An Field Museum. https://sites.google.com/a/field- Investigation of Taonga from a Tribal Perspective. museum.org/pacific-web/Home/partnerships/ Journal of the Polynesian Society, 1997, 106 (4), ruatepupuke-ii (accessed 25 November, 2011). 334. 45. The album is viewable at Pacific Anthropology: 35. Tapsell, P. The Flight of Pareraututu; p 336. Marae Ruatepupuke II. https://picasaweb. 36. Ihimaera, W. The Meeting House on the Other google.com/pacificanthropologyatthefield/ Side of the World; p 97. MaraeRuatepupukeII?authkey=Gv1sRgCPj 37. DeLong Lawlor, J.; Lithgow, K. In Decolonizing D_N_Jo-iKdA&feat=flashslideshow#52281016 Conservation: Caring for Mäori Meeting Houses 39930182306 (accessed 25 November, 2011). 46. Campbell, N. (Managing Director, Webb’s Auction House). Re: Te Tiki-a-Tamamutu. Email message to Ngarino Ellis, 24 November, 2011. War Memorial Wharenui and Wharekai
Bill McKay, Fiona Jack and Taarati Taiaroa
Abstract
The First Labour Government of New Zealand (1935–1949) is famous for its social reforms and its government housing programme, often characterised as the introduction of a “welfare state”. This paper examines a much less well- known architectural legacy of that Government, the war memorial community centre as it related to Mäori. The First Labour Government decided that no Second World War memorials would be cenotaphs, statues, arches or obelisks; that they would all take the form of “community cen- tres”. Until recently it was thought that perhaps half a dozen war memorial wharenui (meeting houses) or wharekai (dining halls) existed but this research has determined that the war memorial community centre scheme sponsored more than 30 buildings on marae (communal complexes) throughout the country in the post-war years. This was a significant but little known initiative in encouraging marae during a period that has been characterised as a time of urban drift, when Mäori were leaving rural marae for cities. This paper backgrounds this scheme with a particular focus on the war memorial buildings policy as it related to Mäori. It then reports on the authors’ project to assemble a database and to document war memorial wharenui, wharekai and halls on marae through archival research, marae visits and photography. The aim of this project is not just to publish academic papers but to pass on research results in the form of reports and high quality photographs to marae. These are useful records in themselves but a desirable outcome of this project is that marae benefit through the enhancement of their ability to seek external funding to care for these buildings, many of which are 60 years old and in need of maintenance. Several of these buildings deserve heritage listing at a national or local government level that can result in funding or rates relief. Heritage reports can also be useful in generating media stories that assist in this process or assist in local sponsorship of materials or services. Our documentation also assists marae to appear (with permission) on the Ministry of Culture and Heritage’s National Memorial Register. On the conclusion of the research project, a subsequent paper will more closely analyse the building types with a close examination of several individual examples. WAR MEMORIAL WHARENUI AND WHAREKAI 81
Introduction carved houses is not as great as it was some time ago”. What is surprising, given the prevailing In terms of Mäori architecture, the post-war condition of urban drift, is that there was any period, especially the 1950s, is seen as a fallow construction on marae at all. However, in the time, dominated by so-called urban “drift” post-war period we have now established that on when Mäori (and Päkehä – New Zealanders over 30 marae, new meeting houses, wharekai of European descent) were leaving rural areas (dining halls) and halls were built as a result of and heading to the city for work, entertain- the First Labour Government’s war memorial ment and a new life in a modern, increasingly community centre policy. This policy resulted in urbanised world. In fact this drift had earlier the construction or improvement of more than roots when many rural people not eligible for 320 halls around the country in city boroughs military service were man-powered into indus- and rural areas but is little known in comparison try for the war effort. The Hunn Report of 1961 with the state house programme. The authors’ also influenced government policy in terms of research focuses on buildings constructed as encouraging this relocation. In architectural his- memorials or substantially altered, mostly under tories, marae are generally depicted as entering government policy. It does not include existing a decline during this period: certainly the por- halls, schools, churches and marae that have trayals of marae at this time by Päkehä artists simply had rolls of honour or stained glass win- depict marae buildings as tired and dilapidated. dows added or obelisks and statues erected in Although rather late, being finally published in the grounds. the early 1960s, Dennis Knight Turner’s Tangi and Ans Westra’s Washday at the Pa are exam- ples of this; sympathetic to Mäori, but reflecting Commemorating the World Wars this notion of degeneration. Te Ao Hou (The New World), was a quar- In the period between the wars, there was a terly magazine of the Department of Mäori great deal of international debate on the form Affairs, that ran from 1952 to 1975. In the that war memorials should take; whether they first issue, in Prof. I. L. G. Sutherland’s article should be symbolic and artistic, to use the phra- “Progress in the North,”1 he states: “Along with seology of the 1920s, or utilitarian and useful, economic progress has gone a movement for such as libraries, hospitals, community cen- marae improvement and the building of carved tres, parks, colleges or even scholarships and and decorated meeting houses, the latter stimu- endowments. Public facilities were called by lated no doubt by the fine centennial house at their proponents “living memorials”, “agencies Waitangi.” This contradicts the perception of for future peace, not war”3 as one of the many urban drift and Sutherland was correct in noting arguments put it. This discussion was quite the increase in building construction on marae intense because as Andrew Shanken has said, but not in his attribution of the cause to the cen- “choosing a form of memorial was tantamount tenary of the Treaty of Waitangi and the example to choosing a form of society”.4 In the end, of the (government sponsored) construction symbolic memorials to the Great War such as of the whare whakairo (embellished meeting obelisks and statuary (and of course the ceno- houses) at Waitangi. Likewise, in a 1959 issue, taph, a highly influential form first designed by the article “Mäori Artists in Building, Old and the great British architect Edwin Lutyens) vastly New”2 profiled noted carver John Taiapa and outnumbered the utilitarian; it was generally architect John Scott. The author (and editor), felt that the incorporation of practical or use- Erik Schwimmer, noted the decline in meet- ful attributes would sully the sacred quality of ing house construction and that “the need for remembrance of the dead. 82 Indigenising Knowledge for Current and Future Generations
The change in opinion that led to utilitar- communal way and in a more modern way. Such ian memorials being favoured after the Second was the scale of the Second World War as well World War has been addressed in a previous that both victors and defeated were involved paper,5 but is briefly summarised here. The in post-war reconstruction, reorganisation and Great War symbolic memorials could be seen rehabilitation. Perhaps it also helped that this to have failed, in that their aim was not just period of austerity meant efforts were directed commemoration of conflict and remembrance towards memorials that had a more practical of “the fallen,” but to deter future war and function. The new discipline of urban planning educate the public. The Great War was seen as was also having an impact with its focus on “the war to end all wars”,6 but the world had scientific reorganisation of communities and fallen once more into global conflict within a infrastructure. There was also a wide-spread generation. The Modern Movement in design sense after the Second World War that society and thought also had an impact. The prevailing would not return to the way it had been. Things aesthetic movement during and after the Great would be done differently; there was a new War was Arts and Crafts, and discussions in art and better world to build for an increasingly and architecture journals such as NZ Building egalitarian and progressive society. Progress and the Journal of the NZ Institute of In general, throughout the Allied world, the Architects focused on the aesthetic rather than dates of the Second World War and the names the functional. Many design writers deplored of the fresh crop of dead were added to exist- the simple granite obelisks and concrete statues ing Great War cenotaphs and memorials while of soldiers that make up the majority of New newly constructed war memorials were mostly Zealand’s Great War memorials, but their criti- utilitarian: parks, halls, libraries, community cism wasn’t based on typology, it was based facilities and so on. This movement was led by on limited aesthetic achievement. Modernism, the United States, but in that country, as well as however, brought to the fore notions of func- Australia and Britain, although the utilitarian tionalism, efficiency, and progress in all things prevailed, memorials were still of both types. and all aspects of life. This was demonstrated New Zealand, however, was to memorialise the through the great advances in design, technol- Second World War in one way only. ogy and industrialisation during the progress of the war and it is unsurprising that it should also affect our commemoration of death. War Memorial Community Centres The Second World War was also an example of “total war”. It was not only soldiers who In 1946 Prime Minister Peter Fraser stated served but civilians who were targeted within “Thought throughout the Allied world today battle theatres, and “on the home front” “man- is in the direction of memorials that will not powered” into factory or farm work to sustain only perpetuate our hallowed memories but the war effort. Of course the dead have made will also serve a real community interest”.7 The the ultimate sacrifice, but a nation’s whole Government had proposed a nationwide con- population was affected by the Second World ference to discuss the form that war memorials War and even citizens of remote New Zealand should take but cancelled this and proceeded felt the impact of war through rationing, short- with the policy that all war memorials subsi- ages, workplace and manpower restrictions, dised by the Government would take the form war-time regulations, limitations on activity of community centre buildings. It should be and austerity afterwards. This wholesale experi- remembered that the Labour movement sprang ence of war perhaps impelled communities to from socialist ideals that saw the world in terms commemorate that same experience in a more of class struggle rather than nationalism, and WAR MEMORIAL WHARENUI AND WHAREKAI 83 national identity and ideals were a key element or New Zealand’s common rural halls) but of early 20th century war memorials. Some accepted that it was a “term…that must and members of this Government, including Peter will be liberally translated” depending on Fraser, Prime Minister after Savage’s death in scale of building and location (rural or urban). 1940, had resisted conscription during the First Municipal offices, women’s restrooms and World War and been imprisoned as a result. Plunket rooms were given as examples that Plainly the inclination of these men would be to would not qualify on their own; however, if convert swords to ploughshares, to bring into amalgamated with “cultural or recreational being new ideas such as the “living memorial” facilities for the community generally”, they that could plainly be seen as making a con- would. Sports facilities on their own would later tribution to the community rather than being also be generally ruled out. Although there are construed as monumentalising or even glorify- a number of war memorial parks and domains ing war. The country had been warmed up to the around the country, these mostly incorporate notion of this type of war memorial in speeches some kind of meeting place as well. and comments by the Prime Minister and other The circular went on to discuss issues around cabinet ministers. A Harper’s Magazine arti- fundraising and sketch out legislation and an cle was even reprinted in Korero, an Army approval process, but also addressed “Mäori Education Welfare Service publication8 aimed Memorials” in the penultimate paragraph. The at service people, arguing that monuments glori- text stated they would “be dealt with sepa- fied war and perpetuated the cycle of conflict. rately through appropriate Mäori authorities” An October 1946 circular9 from Minister of and referred to the success of the “carved Internal Affairs W. E. (Bill) Parry was issued meeting-houses” constructed as “Mäori memo- to local authorities and councils outlining the rials” during the Treaty Centennial of 1940. policy and commenting that the Government Phillips and Maclean in The Sorrow and the was following current international practice Pride have called many Centennial buildings in Britain and the United States. The circular a “dress rehearsal for the memorials of the stated that while the choice of memorial was Second World War”.10 Indeed this was to be “entirely a matter to be decided by the com- true for Mäori memorials as well. The circu- munity concerned”, the only ones that would lar specifically named the “national meeting be subsidised by the Government on a pound- house at Waitangi, the historic Tamatekapua for-pound basis would be community centres. and other Arawa Centennial meeting-houses These had to be: and, the latest of all, that supreme example of modern Mäori craftsmanship, the Centennial Something vitally living, something that from meeting house at Te Kaha…[all which] stand the very nature of its use and enjoyment will today as both example and inspiration to the ever keep before us and the generations that rest of our people”. This section finished: follow us that freedom of life and personal expression for which our men and women The meeting-house and its marae are the true fought and fell … the type of memorial community centre of the Mäori people, and which best embodies this ideal is the com- the embellishment of the meeting house is munity centre where the people can gather for the fine flowering of Mäori art.11 Already social, educational, cultural and recreational Mäori communities in many parts of New purposes. Zealand are planning war memorial meeting- houses. Subsidy will be available for them on The circular went on to explain what a com- the same scale as for community centres of munity centre was (similar to a “village hall” local authorities. 84 Indigenising Knowledge for Current and Future Generations
Judging by the number of applications gener- centre policy and conducted an initial survey of ated by the war memorial community centre the resulting buildings, but this paper discusses policy (over 700 on file in National Archives) that policy in relation to Mäori. the public reaction to this Government initia- tive was one of great enthusiasm. It is currently thought that over 320 buildings were built or Early Support for Mäori War Memorial improved as a result of this policy. There is Buildings no doubt that the exigencies of the post-war austerity period and the pragmatic nature of As early as 1942 Bishop Bennett reported15 that both Councils and citizens drove people to his diocese Waiapu, on the East Coast “in con- accept the Government subsidy resulting in sidering large memorials to our Mäori soldiers” the large number of utilitarian memorials in had resolved that “money should not be spent New Zealand. But careful reading of archival on stone memorials, but on something that will documents reveals a more idealistic view of be of benefit to the future generation”. As exam- the Labour Government’s goals. The memo- ples he mentioned the “erection of Churches, randa in the National Archives, especially those renovation and improvement of vicarages and intended for the public, are written in a sober the building up of Church endowments” as well but aspirational prose. The Government booklet as educational endowments for the children of (never released) What is a Community Centre?12 soldiers. The rather pragmatic self-interest of explained it was not simply a hall, which many the former was not unique to Bennett. As has New Zealanders would have been familiar with, been discussed elsewhere, it can be considered the country hall having been a centre of social that the pragmatism of most New Zealanders in life for quite some time, but more of a complex a young country short on infrastructure played which could support a variety of events – social, a large part in the widespread acceptance of the cultural, political, educational and recreational. Government’s utilitarian war memorial policy. As to the war memorial aspect, these centres Bennett finished by noting these views were a would allow one to partake in “democratic liv- “healthy indication of the new outlook of the ing”: a “fuller, richer life” by “participat[ing] Mäori of today. He is not attracted so much in activities in common with our fellows” as as he used to be by the glitter of the tinsel, well as “developing [one’s] abilities and…inter- but he is putting up his umbrella for shelter ests”. This was the way of life our soldiers against the rainy days of the future”. The Native and those at home had fought and worked Minister’s reply16 agreed that “memorials to for: “a way of life in which democratic living soldiers should be more of a utilitarian nature” can become a reality”. This endeavour would and mentioned a Taranaki scholarship as an be commemorated in a “living memorial that example. This reply also demonstrates govern- expresses symbolically the sacrifices they made, ment thinking at an early stage, only half way and actively perpetuates and fosters the ideals through the war. for which they died”.13 Correspondence between Sir Äpirana Ngata Later in July 1949 (and a few months before and the Department of Internal Affairs in late the election) the Government extended the sub- 194517 regarding the laying of a foundation sidy to all community centres, war memorial stone for a “war memorial hall at Ruatöria” or not.14 With a change of government late in (Uepohatu at Whakarua Park, a very signific- 1949, the new National Government eventu- ant early example of a Mäori war memorial ally reduced the subsidy and discontinued the hall) also indicates that the still prominent policy. Other papers by the authors have dis- Ngata (former Minister of Native Affairs and cussed generally the war memorial community MP for Eastern Mäori) was planning three WAR MEMORIAL WHARENUI AND WHAREKAI 85 war memorial buildings alone in Ruatöria. Affairs). Interestingly, one memorandum com- Although he had been ousted from Parliament mented “the Prime Minister [Peter Fraser] has in 1943 by Rätana/Labour MP Jack Ormand/ instructed that the local bodies are not to have Tiaki Omana, replies to his letters are inter- any say with regard to recommending Mäori esting in the way they reveal the Government’s memorials and he wishes the Tribal Executives high-level enthusiastic support for his activity. to be consulted”.19 It should be noted that Prime However, this could also be because Ngata was Minister Fraser had himself taken on the Native closely linking a welcome for the homebound C Affairs portfolio in late 1946 as well as chang- Company Mäori Battalion with the foundation ing its name to Mäori Affairs. Another note stone ceremony in early 1946. Whatever the sought to list current applicants and asked for reasons, however, both Bennett and Ngata’s welfare officers to obtain more detail such as enthusiasm, as well as that of Sir James Carroll “plans, specifications and cost” and to “obtain (Ngäti Kahungungu), for Mäori war memorial the recommendation of Tribal Executives” as buildings is significant as by far the most war to whether a proposal “was in accordance with memorial marae are situated from Hastings wish of the people” and whether the proposal (in Hawkes Bay), up the East Coast (Te Tai was to be the “principal tribal memorial”.20 Räwhiti) to Öpötiki in the eastern Bay of Plenty: However, memoranda of 1947 indicate that at least 19 so far identified by the authors. while thought was given to a “special commit- But apart from the support of these men, the tee”, little had still been done in consideration number of Mäori war memorials would also, of “the large number of applications” from by Government policy, reflect the number of Mäori.21 enlistments by Mäori servicemen in a district. In March 1948, G. P. Shepherd, Under- So, although several buildings can be identified secretary of Mäori Affairs (and a former judge) with Ngata, 14 are associated with C Company, complained “Many Mäori communities have Mäori Battalion. Hawkes Bay’s five buildings made considerable progress with their memo- are connected with D Company. For those who rial schemes but they are somewhat hampered are unaware, it should be noted that the Mäori by the uncertainty as to whether or not they will Battalion was made up of four companies, each be eligible for subsidies”.22 This was in contrast from a region, therefore identifying groups of to the number of non-Mäori war memorial iwi (tribes) with particular companies. halls and community centres that had received funding for improvements or new buildings. Many of these were extensions to existing rural Mäori War Memorial Community halls and of course Mäori in these communities Centres: The policy would have observed the disparity in progress. By May 1948 Shepherd had taken the In late 1946 the under-secretaries of Internal initiative and drafted a memorandum “War Affairs and Native Affairs corresponded on Memorials in Mäori Communities”23 setting “the general question of Mäori War Memorials, out policy which was “warmly” received by (the most suitable form, subsidising, local Heenan as it provided a solution to “a problem organisation, etc.) and … the best method of of considerable moment” and would relieve the circulating the Government’s proposals among Internal Affairs Department “of a great deal of the Mäori people”.18 By early 1947 the con- detail work” at least in the initial stages of appli- currence of handwritten memoranda seemed cations.24 It is worth reiterating that government to be that Internal Affairs would handle them policy did not stop anyone from erecting a war through the established war memorial commit- memorial, but related to policy regarding gov- tee (with the addition of a nominee from Native ernment subsidies. In brief the memorandum 86 Indigenising Knowledge for Current and Future Generations
suggested that “1. Basis of Allocation” should “all over the North Island Mäori War memori- in general subsidise memorials that were tribal, als are being erected, without building permits not sub-tribal or hapü scale, because many hapü and without proper planning, apparently in were planning “communal buildings” that they the anticipation that subsidies will be granted could otherwise not afford and would struggle to in every case”. maintain. However for large or scattered tribes A draft by T. T. (Tipi) Ropiha, then Under- (such as Ngäti Kahungunu) this limit would be secretary of Mäori Affairs (and who was to “impracticable” so allocation should be one become significant in post-war Mäori “resur- subsidy per “Tribal District defined under the gence”25 as the Dictionary of New Zealand Mäori Social and Economic Advancement Act Biography (DNZB) puts it), titled “Draft MA 1946” (the Labour Government Act that had 34/4 Memorandum for All Registrars, All established tribal committees and executives, Welfare Officers: Mäori War Memorials”26 from marae to regional level, concerned espe- aimed to formulate these points into policy. cially with welfare and marae administration). However, “1. Allocation of Subsidies 3.” seemed Significantly, it was stated that there should be to open the door to “several war memorials in “some relation between the number of enlist- one Tribal District, which require small sub- ments in any Tribal district and the amount of sidies only, instead of one central project…”. contribution… towards any Tribal or local war An offer was also made of the assistance of memorial” because the “ratio of enlistments to Department technical officers to advise on manpower in some districts was so far in excess materials and construction as well as “draw- of others” and the fear of resulting “feelings of ing up plans for war memorial buildings”. A dissatisfaction”. comparison was also made with the Päkehä war Under “2. Nature of Memorials” it was memorial application process; what both had in suggested: common was the need to submit drawings with the applications that demonstrated conform- encouragement be given to memorials incor- ance with bylaws; where they differed was that porating distinctive features of Mäori art Tribal Executives nominated Mäori proposals preferably buildings of some communal use, to go forward to the government committee. rather than stone memorials and gateways, The final policy27 resolved with the Prime but these might be permitted on marae where Minister (also Minister of Mäori Affairs) was adequate and suitable buildings are already in fairly similar but more concise and dropped existence and as an adornment to such marae. those points mentioned above. “1. Basis of Allocation” stated “(b) In any Tribal District No subsidy would be paid until building permits where there is more than one large Mäori were obtained and the Department was satisfied settlement of, say 50 households or more, the balance of local funding was available. consideration may be given to additional “3. Administration” reiterated the view that memorials” and the endorsement that “the it was up to “Tribal Executives” to resolve people should concentrate their efforts upon competing local proposals with “the people” one central, worthwhile project, in each dis- and recommend the appropriate district memo- trict rather than endeavour to erect a number rial to a committee set up by Mäori Affairs of smaller and less worthy memorials in vari- that would make a decision to be passed on to ous settlements”. This was a continuation of Internal Affairs. This committee would include a constant theme in the country’s history of “An expert in Mäori Arts and Crafts” as well war memorials dating back to the Great War as the Mäori Affairs Department Chief Building period, but here a handwritten addition to the Supervisor. Shepherd finished by noting that final draft added, just for Mäori, “which have WAR MEMORIAL WHARENUI AND WHAREKAI 87 not the economic background essential to their the first, apparently) mention the membership proper maintenance.” as T. T. Ropiha, the Mäori Affairs Under- “2. Procedure” made it more explicit that secretary, R. (Rangi) Royal/Te Rangiataahua application was to “Tribal Executive accom- Kiniwe Roera and J. M. McEwen (all from panied by proper plans and specifications, Mäori Affairs) and a “Mr. Williamson” from estimate of cost and other relevant informa- Internal Affairs and a “Mr. Cocker” from tion. The Tribal Executive will thus replace the Treasury. The DNZB notes that the appoint- Local Body which is the preliminary approving ment of Ropiha and Royal to a high level in the authority in the case of Päkehä memorials.” Department “signalled a change in the style of An extra layer of approval was added in that the department, which had hitherto excluded the next stage was submission by the Tribal Mäori from senior positions”.29 Royal in partic- “Executive to the Mäori Member of Parliament ular had an illustrious war experience (MC and for the district for his approval”. It is worth not- Bar, B Company, Mäori Battalion) and was sig- ing that the Mäori seats at this time were held nificant in the implementation of the previously by Labour, hence these were all Government mentioned Act that established marae commit- Ministers of Parliament. tees and tribal executives, which the authors of The draft ended with the capitalised injunc- the DNZB biography see as “pursuing tribal tion to wait until subsidies were granted before self-determination”. He was also author of a construction commenced: “NO SUBSIDY contemporaneous report into the state of Mäori WILL BE PAID IN RESPECT OF A WAR housing in Auckland. “J. M. McEwan” was MEMORIAL UNTIL A BUILDING PERMIT Jock McEwan, later Secretary of Mäori and HAS BEEN OBTAINED”. This document was Island Affairs from 1963 until his retirement signed by the new under-secretary Ropiha. Two in 1975. He had learned carving from Ngata handwritten notes dated October 1948 record and would have been the “expert” arts appoint- that the Prime Minister had approved it and ment to the committee. While Ngata’s School Ropiha had agreed to have it distributed. of Mäori Arts and Crafts is seen as important It is worth noting that section 6 of the October in the so-called “renaissance” of Mäori arts 1946 circular required (Päkehä) war memorial and crafts in the mid-war period, it also pro- halls, when completed, to be vested in local moted a style of carving and reorganisation authorities, rather than, say, local trusts, even of customary arts that can be seen as being at if funds had been raised publically or privately odds with the practices of other iwi and the without any contribution by councils or local architecture of other contemporary rival Mäori authorities. This did not seem to apply to marae movements such as that of the Rätana Church. buildings. However, it should be remembered Detailed exploration of these issues will occur that the recent Government Mäori Social and in a future paper. Economic Advancement Act 1946 mentioned At the August 1949 meeting a hall, a carved above had reorganised marae administration house and a health centre were approved. The and tribal executives. first two are typical of applications. The health centre (at Te Teko) was approved subject to there being no separate war memorial project Mäori War Memorial Community by Europeans but this application was later Centres: The buildings turned down by Internal Affairs as a health cen- tre was not a place where all could gather, one Few minutes of the subsequent Mäori War of the key criteria of war memorial community Memorial Committee meetings have been centre policy. This raises the interesting issue of uncovered, but those of 24 August 194928 (not the extent to which marae were accessible to all, 88 Indigenising Knowledge for Current and Future Generations
both Mäori and Päkehä. Returned Servicemen The wharenui then, serves as a gathering place Association (RSA) clubs and sports facilities in times of joy and celebration, times of stress were turned down for funding on the basis and sadness. It serves as a church, a hall of that they did not cater to everyone. In the case council and, truly, a meeting house.30 of marae this condition appears to have been superseded by the consideration that marae This research project is half way through were literally community centres; central to documenting Mäori war memorial buildings their communities. so it is too early for a detailed survey, but a Marae are also, like community centres, general picture of the buildings can be estab- places where people come together not just to lished. Wharenui, at this stage of our research, socialise or for recreation, but to discuss impor- appear to make up about 30–40% of Mäori tant issues, an activity that was central to the war memorial buildings; the majority being Government’s vision of “community centres”. wharekai at about 40–50%. The balance is As to the other aim of the construction pro- mainly halls but there is a considerably blurred gramme, commemoration of the war, or rather distinction between all three types. Uepohatu the dead, the meeting house would seem a very (1947) at Whakarua Park in Ruatöria would appropriate form for a memorial. It is where seem a hall due to its external appearance (a the dead lie during tangihanga (funeral rites), Päkehä type hall), scale and use but the interior it is where ancestors are remembered through is lined with carvings and tukutuku (lattice wall carved representations, paintings sometimes, paneling). The people there consider the com- and photographs. Wharenui (meeting houses) bination of Uepohatu and park their marae.31 embody mana (authority), memory, tüpuna This building was one of Ngata’s first war (ancestors) and whakapapa (genealogy). An memorial buildings and the interior features elaboration of these points is beyond the abil- a raised stage and proscenium framed in the ity of the authors at this stage, but as Mere form of maihi and amo, reminiscent of both the Whaanga puts it (discussing Te Poho o Tahu): dining hall Rongomaitapui (1938) at Te Araroa and the wharenui Te Poho a Räwiri (1930) at The wharenui is the most appropriate place Kaiti, Gisborne. Other Mäori war memorial to hold wänanga [meetings/discussion]. What buildings display this similar slippage in type. other house is a more appropriate setting The war memorial building at Kaiuku Marae in which to learn about whakapapa, tribal on Mähia Peninsula was always known as “the affiliations, waiata [songs], history, the land, hall” in the 1960s.32 The principal building at tikanga [procedures], kawa [protocol]?… Whakamaharatanga Marae on Chatham Island Contemporary issues of concern to the people is also hall-like. Whakamaharatanga trans- are also discussed here … [and have] the abil- lates as memorial/monument/commemoration ity to be deeply divisive but within the poho and there is another Whakamaharatanga at of our ancestor Tahu … a unified voice of the Waimamaku, south Hokianga. The Mäori people was developed and the issues resolved. Battalion memorial hall at Manutuke (Gisborne) and the wharekai at Ötenuku (Täneatua) are And of course the whare [house] is where also used for more than the names would sug- our tüpäpaku [deceased] lie. We who have gest. It could be that this distinction in building descended from this ancestor, and those who type can be seen as a movement away from have come to be members of our hapü, are the archetypal meeting house form. Several brought back to the embrace of Tahu Pötiki for other movements over the 20th century such the tangihanga, to be farewelled before being as Kotahitanga, Rua Kenana, Kïngitanga and returned to the mother of all, Papatüänuku. Rätana had also adopted different forms from WAR MEMORIAL WHARENUI AND WHAREKAI 89 the wharenui in pursuit of their aims. And centre policy as it relates to Mäori. So far five indeed many Ngata-influenced wharenui of the have been identified in the D Company area, 14 period have innovations such as a stage, side in the C Company area (Te Tai Räwhiti) and 11 windows and a side porch. in the B Company area (Tauranga to Ötuwhare) Many war memorial buildings stand next with more elsewhere. Three marae have two to meeting houses and are generally called buildings constructed under the scheme, both wharekai, but wharekai have been little explored wharenui and wharekai. As can be seen the in Mäori architecture. We suspect a discussion majority are on Te Tai Räwhiti reflecting pri- of the evolution of the wharekai will emerge marily the influence of Ngata, but also because from this research and will have to consider of other issues that will be explored in a future the influence of architectural innovations of paper that summarises this research as a more those other Mäori movements such as Rätana, comprehensive survey and analysis. This future Kïngitanga and so on. It will be interesting to paper will address building types and distribu- look at the role of the wharekai on marae in tion by district and of course iwi, and also look the 1930s, 1940s and post-War worlds, times at architectural influences and carving styles. of great change both in terms of technology While Ngata’s School of Mäori Arts and Crafts and society. The wharekai could be seen as is seen as important in the so-called “renais- more flexible and adaptable than the wharenui. sance” of Mäori arts and crafts between the They are generally noa, unrestricted territory. wars, it also promoted certain styles of carving Some that we have seen, by incorporating the and reorganisation of customary arts that can functions of the Päkehä hall, are also even more be seen as being at odds with the practices of freed up allowing dining, discussion, education, other iwi and the architecture of other contem- sleeping and so on as well as being a venue for porary rival Mäori movements such as that of art and craft manufacture. the Rätana Church. The Rätana movement The wharekai are also frequently the domain (which eschewed customary forms such as the of women; women who during the Second wharenui) was based in the Whanganui area World War had not just kept the home fires and strong in Northland and it would seem burning but due to the shortage of men and at first glance that these districts did not make exigencies of war-time, taken on major roles in much use of the war memorial scheme. It would the services, the health care system, education, be interesting to explore any correlations there. farming, industry, their communities and wider The question may also be asked, apart from society. Te Puea Hërangi, a female leader of the obvious things such as rolls of honour, do war Kïngitanga in the first half of the 20th century, memorial wharenui and wharekai differ mark- was very active in architectural exploration and edly from non-memorial whare constructed at the development of new forms, establishing the same time? the Türangawaewae Carving School as part of her marae redevelopment schemes. The Mäori Women’s Welfare League was founded in 1951, Mäori War Memorial Community coincidentally or not, at the same time as we Centres: The legacy start to see wharekai/halls established on marae through the war memorial community centre The number of marae buildings constructed due scheme. to funding from the war memorial programme In terms of building numbers and geographical rivals that of whare constructed between the distribution, the authors have so far confirmed wars by Ngata’s School of Mäori Arts and over 30 Mäori buildings constructed as a result Crafts and those for the Centennial. Of course of the Government’s war memorial community many carvers from the School worked on the 90 Indigenising Knowledge for Current and Future Generations
war memorial buildings and future papers will Battalion had been first formed in this city in explore this in terms of carving styles. There January 1940. Completed in 1964, the Mäori is no doubt that there was a significant spate Battalion Memorial Hall is significant for many of construction on marae in a post-war period reasons, not least that is a notable example of that has previously been regarded as fallow. New Zealand Modernism and one of Scott’s Whangärei architect Robert B. Finch produced first large commissions. It is also one of the first a design for a meeting house at Whangaruru urban marae, and the Mäori Women’s Welfare in 1941 that was undoubtedly influenced by League took a major part in the fundraising. Ngata, considering its side porch and stage. The building is unmistakably modern and Due to the date it is likely that his design was incorporates carvings by Kelly Kereama on the more likely connected to Centennial than war exterior and tukutuku and köwhaiwhai (scroll memorial activity, but he must have sensed paintings) on the interior. This juxtaposition the likelihood of more work as he produced a has been perceived by some as uncomfortable; generic design titled “Whananaki Type Carved half-caste rather than bi-cultural as one dis- Meeting House for (fill in where erected)”. cussion has put it.36 The building was widely As Sutherland put it in the first issue of Te Ao published and acclaimed in Mäori publications Hou in 1952, in his assessment of Northland, but largely ignored by Päkehä. It was a build- “The ‘poplar house’ at Mangamuka and the ing in a period of integration and assimilation, partially completed dining halls at Ötiria and before the notion of biculturalism had been Panguru [authors’ note: never completed]33 formed; ahead of its time. (with their plans for carved houses) are signi- In general the war memorial community ficant signs of a returning vitality among the centre scheme has been crucial in the Päkehä Mäori people in the north.” We have not yet world to the development of Modernist archi- identified significant post-war building activity tecture in New Zealand, in buildings such as in Northland connected to the memorial scheme the Whanganui War Memorial Hall. It also but on the East Coast in 1959, Te Ao Hou editor resulted in other inner city Modernist buildings, Erik Schwimmer, interviewing carver John such as the chapel on the site of the last Ngäti Taiapa, noted that carving work was drying Whätua käinga at Ökahu Bay, that attempted up. “Since Tapeka was carved last year, Mäori to architecturally find a place for those Mäori carving has been at a complete standstill… in now in an urbanised world. A Te Ao Hou issue actual fact it is not the art of carving that is from 1963 reports on this in “A New Chapel dying out but the art of paying carvers.”34 This for Auckland” at Ökahu Bay, an uncredited was surely an indication of the end of funding article that we could attribute to the new editor for marae construction through the cessation Margaret Orbell: of the war memorial community centre scheme. However the end of carving work and whare It is a fine modern building, which achieves in whakairo construction was not the end of its appearance a successful fusion of the old Mäori architecture in that period. That same and the new: its dramatic, uncluttered design article interviewed the Mäori architect John is unmistakably modern, but the long sweep- Scott. While the article on John Taiapa had been ing lines of the roof and walls, and the form called “1. Building Art in the Mäori Tradition” of the porch at the front, are equally clearly the second half, “2. The Mäori in Contemporary inspired by Mäori architectural tradition.37 Building Art” mentioned Scott’s design for “a Mäori Community Centre, designed for The chapel was designed by Sargent Smith and the Raukawa Tribal Executive Committee to Partners and commissioned by Ngäti Whätua be built in Palmerston North”.35 The Mäori as an interdenominational chapel open to all. WAR MEMORIAL WHARENUI AND WHAREKAI 91
Figure 1 “Whananaki Type” Carved Meeting House For (fill in where erected), Robert B Finch, Architect (1941). (University of Auckland Architecture Archive)
Figure 2 Mäori Battalion Memorial Hall, John Scott, Architect (1964). (photo Julia Gatley) 92 Indigenising Knowledge for Current and Future Generations
Earlier in 1951 Ngäti Whätua had finally been ensure they could “become accustomed to live evicted from their marae near this site, described in a European fashion”.39 In contrast, the war as “a blot on the landscape” by the Prime memorial community centre scheme of the Minister of the time, S. G. Holland. The village First Labour Government can be seen to have was demolished and the inhabitants relocated to supported marae in the post-war period in a the hill above at Öräkei. In 1959 it was agreed to significant way and sowed the seeds of urban build this chapel on the only land left at Ökahu marae that would in future come to support the Bay, an urupä or cemetery. The chapel was seen next generation of urbanised Mäori. as a reassertion of tangata whenua (people of the land) status but Ngäti Whätua still lacked a marae of their own at that time. Endnotes
1. Sutherland, I. Te Ao Hou, 1952, 1 (Winter), 10. Conclusion 2. Schwimmer, E. Te Ao Hou, 1959, 28 (September), 31. 3. Lewis, W. The Rotarian, 1946, (February), 50. There are over 700 files in the National Archives 4. Shanken, A. Art Bulletin, 2002, 84 (1), 130–147. reflecting the number of applications for war 5. McKay, B.; Jack, F. In Imaginings: 27th Annual memorial community centre subsidies38 but that Conference of the Society of Architectural includes halls, libraries, pools, parks, memori- Historians, Australia and New Zealand; als and so on, many of which may not have Chapman, M., Ostwald, M., Eds.; SAHANZ: complied with policy requirements or not pro- Newcastle; pp 271–277. 6. United States President Woodrow Wilson to ceeded for other reasons. In any case the scheme Congress in his declaration of war, 2 April, 1917. was so popular that Treasury under both the 7. Prime Minister Peter Fraser, ‘Announcement Labour and subsequent National Government on War Memorials’, no date, Internal Affairs attempted to curtail it (partly by reducing sub- National Archives Series IA 1, 174/1/2. sidies), but war memorial community centres 8. Feril, T. Harper’s Magazine, May 1945, reprinted were still being completed as late as the 1960s. in Korero, Army Education Service Welfare Bulletin, 1945, 3, 14. The Archives files are often incomplete but the 9. Minister of Internal Affairs, ‘Official Circular authors’ estimate is that over 320 war memorial on War Memorials’, 22 October, 1946, Internal community centres were built. In New Zealand Affairs National Archives Series IA 1, 174/1/2. terms this is a remarkable period of activity 10. Maclean, C.; Phillips, J. The Sorrow and the focused as it is on one type of building that is so Pride: New Zealand War Memorials; GP Books: central to the hearts of so many communities. Wellington, 1990; p 139. Somewhat less than 10% of this construction 11. As Deidre Brown has pointed out, a similar phrase – “the finest flowering of Mäori art” – was relates to Mäori buildings but our research is used by Sir Äpirana Ngata to describe the meet- ongoing and the number is significantly larger ing house Te Hau-ki-Türanga, built in Türanga than has been previously identified. (Gisborne) in the early 1840s, confiscated during By the early 1950s, newly urbanised (or the New Zealand Wars, and during the 1930s suburbanised) Mäori were finding that in used as a stylistic model by Ngata’s School of terms of housing, National Government pol- Mäori Arts and Crafts for its meeting house projects. See Brown, D. Journal of the Polynesian icy was one of assimilation and that policy at Society, 1996, 105 (1), 21. the time was not to make any special conces- 12. Department of Internal Affairs, Recreational sion in design to cultural needs. Indeed a 1960 Information Service, Bulletin Number 4: What is State Advances Corporation and Department a Community Centre? Internal Affairs National of Mäori Affairs circular stated Mäori appli- Archives Series IA1, 174/1/2, 1946. cants would be guided by Mäori Affairs to 13. Department of Internal Affairs, Bulletin Number 4. WAR MEMORIAL WHARENUI AND WHAREKAI 93
14. ‘Formal Statement Issued by Minister of Internal Dictionary of New Zealand Biography, Te Ara – Affairs’, 21 July, 1949, Internal Affairs National the Encyclopedia of New Zealand: http://www. Archives Series IA 1 Box 3112 174/1/2 part 1 TeAra.govt.nz/en/biographies/5r23/1 (accessed Erection of Finance. 2 February, 2012). 15. Bishop Bennett to the Minister of Native Affairs, 26. Ropiha, T. Under-Secretary Native Affairs, 19 October, 1942, Internal Affairs National ‘Draft MA 34/4 Memorandum for All Registrars, Archives Series Box 90 34/4A part 1 Meeting All Welfare Officers: Maori War Memorials’, Houses and Memorials War. undated, Internal Affairs National Archives 16. (For the) Native Minister to Bishop A. F. Bennett, Series Box 90 34/4A. 21 October, 1942, Internal Affairs National 27. Ropiha, T. Native Affairs, ‘MA 34/4 Archives Series Box 90 34/4A part 1 Meeting Memorandum for All Registrars, All Welfare Houses and Memorials War. Officers: Maori War Memorials’, undated but 17. Internal Affairs National Archives Series Box with handwritten note re distribution dated IA1 3114 174/16 War Memorial Maori Meeting October 1948, Internal Affairs National Archives Houses Openings. Series Box 90 34/4A part 1 Meeting Houses and 18. Heenan, J. Under-Secretary Internal Affairs to Memorials War. Under-Secretary Native Affairs, 1 November, 28. Maori War Memorial Committee Minutes of 1946, Internal Affairs National Archives Series a Meeting, 24 August, 1949, Internal Affairs Box 90 34/4A part 1 Meeting Houses and National Archives Series 34/2 Box 90 34/4A part Memorials War. 1 Meeting Houses and Memorials War. 19. Unknown to unknown. 14 May, 1947, Internal 29. Royal, T.; Jamison, T. ‘Royal, Te Rangiataahua Affairs National Archives Series Box 90 34/4A Kiniwe – Biography’, Dictionary of New part 1 Meeting Houses and Memorials War. Zealand Biography, Te Ara – the Encyclopedia 20. Unknown. 23 July, 1947, Internal Affairs of New Zealand: http://www.TeAra.govt.nz/en/ National Archives Series Box 90 34/4A part 1 biographies/4r29/1 (accessed 3 February, 2012). Meeting Houses and Memorials War. 30. Whaanga, M. A Carved Cloak for Tahu. 21. Shepherd, G. Under-Secretary Maori Affairs Auckland University Press: Auckland, 2004; p 5. to J. Heenan Under-Secretary Internal Affairs, 31. personal communication, July 2011. 17 December, 1947, Internal Affairs National 32. personal experience. Archives Series Box 90 34/4A part 1 Meeting 33. “The Panguru never went ahead and the carvings Houses and Memorials War. were stored for nearly 30 years in the former par- 22. Shepherd, G. Under-Secretary Maori Affairs to ish hall, now the War Memorial Hall.” Neich, J. Heenan Under-Secretary Internal Affairs, 12 R. Carved Histories: Rotorua Ngati Tarawhai May, 1948, Internal Affairs National Archives Woodcarving; Auckland University Press: Series Box 90 34/4A part 1 Meeting Houses and Auckland, 2001: p 345. Memorials War. 34. Schwimmer, E. Te Ao Hou, 1959, 28 (September), 23. Shepherd, G. Under-Secretary Maori Affairs 32. to Minister of Maori Affairs, 10 May, 1948, 35. Schwimmer, E. Te Ao Hou; p 38. Internal Affairs National Archives Series Box 36. McKay, B. In Contested Terrains: 23rd Annual 90 34/4A part 1 Meeting Houses and Memorials Conference of the Society of Architectural War. Historians, Australia and New Zealand; 24. Heenan, J. Under-Secretary Internal Affairs to McMinn, T., Stevens, J., Basson, S., Eds.; GP Shepherd Under-Secretary Native Affairs, SAHANZ: Fremantle; pp 363–369. 1 November, 1946, Internal Affairs National 37. Unattributed. Te Ao Hou, 1963, 43 (June), Archives Series Box 90 34/4A part 1 Meeting 28–29. Houses and Memorials War, National Archives. 38. Maclean, C.; Phillips, J. The Sorrow and the 25. Butterworth, G. ‘Ropiha, Tipi Tainui – Biography’, Pride; p 143. 39. Ferguson, G. Building the New Zealand Dream; Dunmore Press: Palmerston North, 1994; p 219. Haurongo Contributor Biographies
Deidre Brown (Ngäpuhi, Ngäti Kahu) MArch and planning. She is currently a member of (Dist), PhD (Architecture) is editor of this book, the Ngäti Hine Rünanga and has worked with the Co-director of Te Whare Kura: Indigenous various iwi Authorities on policy development Knowledges, Peoples and Identities Thematic and strategic planning documents. Research Initiative, and a senior lecturer in architecture at The University of Auckland Fiona Jack is a lecturer in The University of School of Architecture and Planning. Her spe- Auckland Elam School of Fine Arts. Her year as cialist interests are Mäori and Pacific art and Govett-Brewster Artist in Residence culminated architectural histories, on which she has pub- in the exhibition “Living Halls” and instigated lished six sole and co-authored books, and an ongoing collaborative project. indigenous cultural and intellectual property rights. Dr Tracey McIntosh (Tühoe) is a senior lecturer in The University of Auckland Department of Ngarino Ellis (Ngäpuhi, Ngäti Porou) Sociology. As a sociologist her interests broadly MA(Hons)/LLB, is a lecturer in The University look at processes of exclusion and marginalisa- of Auckland Department of Art History. She tion with a more recent focus on the experience recently submitted her PhD, “A Whakapapa of incarceration. She is a past director of Ngä of Tradition: Iwiräkau Carving 1830–1930”, Pae o te Märamatanga and the current joint and has co-edited two books, Te Ata: Mäori editor of AlterNative: An International Journal Art from Te Tai Räwhiti (2001) and Te Puna: of Indigenous Peoples and the MAI Journal. Mäori Art from Te Tai Tokerau (2007). Bill McKay is a lecturer in architecture at The Lena Henry (Ngäti Hine, Ngäpuhi, Te Rarawa) University of Auckland School of Architecture is a lecturer in planning at The University of and Planning. He is a well-known writer, his- Auckland School of Architecture and Planning. torian and critic with a research focus on New She has 12 years formal experience of work- Zealand architecture and a special interest in ing with local government, communities and Mäori art and architecture. in particular Mäori communities on local, regional and national planning issues. She holds Karamia Müller practised in an architectural a Bachelor of Planning Degree (Hons) with firm for 3 years before returning to com- expertise in local government, Mäori planning plete a Masters of Architecture degree at The and development, and resource management University of Auckland School of Architecture haurongo. Contributor biographies 95 and Planning in 2009. That research forms Seini Taufa is currently completing her final the basis for her current academic interest, in year for her PhD in Paediatrics at The University particular how architectural practices may rec- of Auckland School of Population Health. Her ognise indigenous values. Moreover as a part thesis examines Pacific teenage pregnancy in of thesis research, she developed an alternative New Zealand. She has a Bachelor of Health drawing technique to indigenise architectural Science, Postgraduate Diploma in Health Science drawing and document Samoan value systems. and a Master of Health Science (Hons). Seini is This research serves as a continuation of prac- Tongan. She is passionate about Pacific health tice within her personal interests to develop issues. She is currently working as a research theoretical structures for indigenised practice. assistant on the Validation of the WHO Alcohol Smoking Substance Involvement Screening Test Dr Vili Nosa is a senior lecturer in Pacific (ASSIST) in Pacific Peoples in New Zealand, Health at The University of Auckland School the FANAU obesity prevention project, and the of Population Health. He has a BA in Education Pacific radio smoking cessation project. and Sociology, Masters of Arts (Hons) in Sociology and a PhD in Behavioural Science Valmaine Toki (Ngäpuhi, Ngäti Wai and Ngäti from The University of Auckland. His research Rehua) joined The University of Auckland interest is in Pacific health with a key focus Faculty of Law in 2007, and teaches in the on Pacific people alcohol, drugs, tobacco and areas of Contemporary Treaty and Mäori substance abuse. Issues, Jurisprudence and Legal Method. As a He Ture Pumau scholar Valmaine previously Malakai Ofanoa is a senior lecturer in the Pacific worked for Te Ohu Kai Moana Trustee Ltd on Health Unit at The University of Auckland Mäori fisheries, aquaculture and asset alloca- School of Population Health. tion. Valmaine has assisted in cases to the Mäori Land Court, the Environment Court, and the Dr Teuila Percival is Director of the Pacific High Court. Her MBA from the Australian Health Unit at The University of Auckland Maritime College at the University of Tasmania School of Population Health. focuses on marine resource management, span- ning strategic planning, economic growth, Leon Radojkovic (Dalmatian, Ngäpuhi, Päkehä) management planning, and sustainable prac- has a BA (Hons) in Sociology. He is interested in tices. Her research interests lie within the area issues around ethnicity and identity in Aotearoa of human and indigenous rights, therapeu- and the global entertainment industry. Leon is tic jurisprudence and resource management. also a composer whose work focuses on vari- Valmaine is an Independent Commissioner on ous combinations and permutations of music, resource consent applications to regional and film and theatre. district councils.
Taarati Taiaroa (Tüwharetoa) is a University of Jeremy Treadwell is a senior lecturer in archi- Auckland Elam School of Fine Arts Master of tecture at The University of Auckland School of Fine Arts graduate and is the research assistant Architecture and Planning. His research inter- for the War Memorial Wharenui and Wharekai ests include architectural design (construction project. and tectonics), New Zealand architecture and history, and Pacific architecture and history. La‘a Tamarau (Ngäi Tühoe) is a postgrad- uate student in The University of Auckland Dr Yvonne Underhill-Sem is the Director of Department of Art History. the Centre for Development Studies at The 96 Indigenising Knowledge for Current and Future Generations
University of Auckland. Her research inter- Chloe Weavers is a postgraduate student in ests include gender and development, critical The University of Auckland Department of population geographies, political ecology, Art History. enculturating economic processes, progressive social movements, and Pacific development. ngā pae o te māramatanga
ISBN 978-0-9864622-3-8