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Māori Culture Guidelines for Brand Owners and Marketing

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Māori Culture Guidelines for Brand Owners and Marketing Māori Culture Guidelines for Brand Owners and Marketing. Sourced from http://www.taiuru.maori.nz/branding © 2021 Karaitiana Taiuru. This work is licensed under a Creative Commons Attribution 3.0 New Zealand License. Māori Culture Guidelines for Brand Owners and Marketing. INTRODUCTION These high level guidelines have been written by Karaitiana Taiuru who has been involved with Māori Cultural rights, Indigenous and Traditional Knowledge and assisting brands both in New Zealand and internationally for over 25 years. Last updated January 10 2021. The motivation to write this document is to provide an introduction to Māori cultural appropriation and some common methods to avoid it. A number of well intentioned individuals and companies in New Zealand over the recent years have suffered brand damage and personal reputation damage in addition to causing significant conflict with Māori individuals and groups due to mistakes that could have been avoided with these guidelines. For a list of other writings about Māori cultural appropriation and knowledge by the same author please visit https://www.taiuru.maori.nz/category/cultural-appropriation/ The Intellectual Property Office of New Zealand has TradeMark guides for Māori culture of which some of this content is sourced from. 2 | P a g e o f 2 3 Māori Culture Guidelines for Brand Owners and Marketing. OVERVIEW These guidelines give guidance on the special considerations in New Zealand around the use of branding and products that contain an element of Māori culture, for example: a Māori word, image, or design. It is intended to provide guidance on how you can use unique aspects of Māori culture appropriately to create a brand, business opportunities, attract investment, and increase profits. By not recognising Māori culture you could unintentionally cause offence to Māori communities and be accused of cultural appropriation which will likely damage your reputation and brand. A Māori cultural element is some aspect of the brand or product that reflects or is taken from Māori culture. A Māori cultural element could include: a Māori word or design, Indigenous (native to New Zealand) plants or birds, Māori music or dance. The Māori cultural element may be a small part of the brand or product, or it may involve the brand or product in its entirety. There are only seven Māori cultural elements that are protected by law in New Zealand. At the time of writing, Mount Taranaki is going through a formal process for legal protection. 1. Ngāi Tahu (Pounamu Vesting) Act 1997 and the 2002 Pounamu Resource Management Plan. An undertaking to return ownership of Pounamu (greenstone) back to Ngāi Tahu.) 2. The haka ‘Kā Mate’ – Hākā Kā Mate Attribution Bill, acknowledging the haka as a taonga of Ngāti Toa Rangatira. Provides a right of attribution to Ngāti Toa in respect of the haka ‛Ka Mate’. Any person who publishes, broadcasts or shows a film in public featuring ‛Ka Mate’ must attribute it to Te Rauparaha and Ngāti Toa Rangatira. 3. The Whanganui River in New Zealand is now recognised as a legal person – Te Awa Tupua (Whanganui River Claims Settlement) Act 2017 4. Te Urewera, named a national park in 1954 and most recently managed as Crown land by the Department of Conservation became Te Urewera on 27 July 2014: “a legal entity” with “all the rights, powers, duties, and liabilities of a legal person” (section 11(1)) – Te Urewera Act 2014 5. The Maori Language Act 1987/ Te Ture Reo Māori 2016 – the Māori language to be an official language of New Zealand. 6. Flags, Emblems, and Names Protection Act 1981, Section 18A Unauthorised use of words and emblems relating to 28th Māori Battalion of the legisl ates and restricts the use of the words associated with the 28th Māori Battalion; Section 20 Unauthorised use of certain commercial names of the Flags, Emblems, and Names Protection Act 1981 legislates and restricts the use of the word ‘Ruakura’. However, for most Māori elements, there are not explicit rules or a one-size-fits-all process to follow. These guidelines will offer an overview of how to navigate Māori elements and branding for your business, services, or products. Examples of the type of questions considered by this guide include whether an image that draws from Māori culture could be offensive to Māori, or if a brand or product is derived from Māori traditional knowledge, plants or animals, would it be contrary to Māori values? This guide also explains the purpose and role of these special considerations in the protection of Māori values, concepts, meanings and traditional knowledge of Māori culture, and shows brand 3 | P a g e o f 2 3 Māori Culture Guidelines for Brand Owners and Marketing. owners how they can use Māori cultural elements in their branding and intellectual property without causing offence. Article II of Te Tiriti is the main reference to protection Māori cultural rights by stating: “Māori are guaranteed by the Crown the unqualified exercise of their chieftainship over their lands, villages, and all their property and treasures”. Article 31 of the United Nations Declaration on the Rights of Indigenous Peoples (UNDRIP), which New Zealand signed in 2010, states that ‘indigenous people have the right to maintain, control, protect, and develop their cultural heritage, traditional knowledge, and traditional cultural expressions, have the right to maintain, control, protect, and develop their intellectual property over such cultural heritage, traditional knowledge, and traditional cultural expressions’ and that ‘States shall take effective measures to recognise and protect those rights.’ 4 | P a g e o f 2 3 Māori Culture Guidelines for Brand Owners and Marketing. WHAT IS CULTURAL APPROPRIATION As proud New Zealanders, many of us get excited and feel proud when the ALL BLACKS perform the Kā Mate Haka, many of us sing with pride and or repetition our national anthem firstly in Māori and then in English and most if not all of our government departments have English and Māori names. But many of us have not likely stopped to consider the extent to which Māori culture enriches our everyday lives. A pitfall for brand owners and product creators is that there is a belief that if a Māori item does not have copyright protection, then it is OK to use that Māori element. While it may be legal, it is widely recognised that the copyright laws are outdated and need to reflect Māori society (in fact all Indigenous and minoroties). This is further discussed in the Waitangi Tribunal section. By using Māori items without context or consultation, you are likely committing cultural appropriation and causing offence to Māori communities. Cultural misappropriation, phrased cultural appropriation, is the adoption of an element or elements of one culture or identity by members of another culture or identity. This is controversial when members of a dominant culture (European New Zealander/Pākehā) appropriate from minority cultures (Māori). Appropriation is not unique to New Zealand, it is an international issue that has been occurring for decades. Only recently have minority cultures received a voice to speak out about appropriation. As businesses and product owners/developers ensuring you recognise cultural appropriation is being a good corporate citizen, a responsible person who has good values and good brand reputation. In the digital age, there are also two other cultural offences you should be aware of as brand and product owners: Digital Colonialism and breaching Māori Data Sovereignty rights. Digital colonialism deals with the ethics of digitising Indigenous data and information without fully informed consent. Māori Data Sovereignty refers to the inherent rights and interests Māori, whānau, hapū, iwi and Māori organisations have in relation to the creation, collection, access, analysis, interpretation, management, dissemination, re-use and control of data relating to Māori, whānau, hapū, iwi and Māori organisations as guaranteed in Article II of Te Tiriti. 5 | P a g e o f 2 3 Māori Culture Guidelines for Brand Owners and Marketing. CONSULTATION It is important to recognise that no matter how familiar you are with Māori culture; it is worthwhile spending some time researching the cultural significance of your proposed branding and intellectual property. It is also a grave mistake to assume that because a person is of Māori descent (or Pacific), that they are well versed in Māori culture. It can be difficult to know who to consult with or to identify who has the authority to grant permission on a Māori element. There is no general rule. If engaging the services of a professional is not an option, the following are suggestions. If your product or brand uses a Māori element that is specific to a geographical area, you should discuss the element with the local Māori group. Each geographical area of New Zealand is within the boundary of an Iwi, marae or a hapū. Appendix I has the Takoa resource which is a comprehensive listing of Māori organisations, services and businesses. Other avenues could include the Internet or your local MP’s office for more information. If using a Māori cultural element, it is essential that you create a cultural narrative around your brand or product including the usage, your thinking and where you gained inspiration from. In Māori culture this is called ‘whakapapa’. Everything in the Māori world has whakapapa. It is also your first line of defense if someone accuses you of cultural appropriation. 6 | P a g e o f 2 3 Māori Culture Guidelines for Brand Owners and Marketing. RECOGNISING A MAORI CULTURAL ELEMENT In most instances, recognising a Māori cultural element is the first step. There have been many examples in the media where the user has not recognised that a word, story, image, picture, etc.
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