In 2023 Copyright Licensing New Zealand engaged a leading law firm in Māori intellectual property to articulate principles to guide authors, publishers, and visual artists in engagement with Mātauranga Māori (knowledge, wisdom, understanding, and skill).  These principles also guide CLNZ’s engagement with Mātauranga Māori.

The four principles are described in this article.  They are intended to support authors, publishers, and visual artists to:
1.    acknowledge Mātauranga;
2.    care for, and cherish, Mātauranga as a taonga tuku iho (precious gift handed down by past generations);
3.    protect and preserve Mātauranga for future generations; and
4.    adopt tikanga, as foundational and applying a te ao Māori perspective, when engaging with whānau, hapū, iwi, and Māori, and dealing with Mātauranga, and Mātauranga derived works.

Existing intellectual property law and these principles have an ambiguous relationship.  The principles can potentially be incorporated into contracts through careful drafting and consultation on their application to a particular situation.  

However, some elements of these principles—such as withdraw of consent by kaitiaki to the use of Mātauranga—maybe challenging in contexts where commercial and practical considerations make withdrawal difficult or even impossible.  When planning consultation, the parties should take care to raise these points.  The underlying principles of Kaitiakitanga, Mana, and Whanaungatanga may be useful in addressing these issues.

Tino Rangatiratanga – self determination
Te Tiriti o Waitangi agreed and promised that Māori would have Tino Rangatiratanga over their taonga. The principle of Tino Rangatiratanga binds together the following principles as this is the baseline and minimum requirement for achieving the outcomes envisioned by the other principles. We note that Tino Rangatiratanga is not just the right of Māori to self-determination over themselves, but over all their taonga, including Mātauranga.
Tino Rangatiratanga means that kaitiaki (the guardian, steward, custodian, trustee, or protector) of Mātauranga have control over Mātauranga and have exclusive authority to make decisions relating to that Mātauranga and how that Mātauranga may be used.

Ngākau Tapatahi – working towards a common purpose
Ngākau Tapatahi refers to a partnership built on a common purpose. Ngākau Tapatahi ensures that both parties i.e. authors, publishers, and visual artists, and whānau, hapū, iwi, and Māori authors, work together to ensure Mātauranga or Mātauranga derived works are protected on the understanding that Mātauranga is taonga and that its protection and care should be a key value in the relationship.

Ngākau Tapatahi reassures whānau, hapū, iwi, and Māori that:
1.    their Mātauranga is safe and will not be misused or mistreated;
2.    the ownership of that Mātauranga, and any works derived from that Mātauranga, will remain with whānau, hapū, iwi, and Māori;
3.    if kaitiaki wish to withdraw their consent to the use of that Mātauranga, then that decision will be respected and acted on.

Māramatanga – understanding
Māramatanga refers to understanding, and the need for authors, publishers, and visual artists to inherently understand Mātauranga is a taonga, that kaitaiki have a kaitiaki relationship with Mātauranga, and authors, publishers, and visual artists have an obligation to acknowledge, respect, and protect Mātauranga and the kaitiaki relationship between Mātauranga and kaitiaki.
Māramatanga or understanding reassures whānau, hapū, iwi, and Māori that when visual artists, authors, and publishers engage with Mātauranga, they understand the importance of Mātauranga as a taonga and its importance to whānau, hapū, iwi, and Māori.

Manaakitanga – active care and protection
Manaakitanga refers to the need for authors, publishers, and visual artists to take on the role of active care and protection, engaging with Mātauranga, Mātauranga derived works, and Māori in general, in a manner that is cognisant of cultural obligations and responsibilities that exist in relation to Mātauranga.
Manaakitanga reassures whānau, hapū, iwi, and Māori authors that their taonga and Mātauranga will be cared for, acknowledged, respected, and protected within the publishing industry, at every stage within the journey to publication, and in the future, kaitiaki will be consulted on any other proposed use of that taonga.

Application of principles through tikanga
These principles will be informed by tikanga, which applies when visual artists, authors, and publishers engage with whānau, hapū, iwi, and Māori, Mātauranga, and Mātauranga derived works.
Tikanga literally means the right or correct way of doing something. Tikanga varies from iwi to iwi and, in some cases, hapū to hapū. However, all tikanga is underpinned by a number of values and Māori concepts.

The most relevant values and concepts that apply to authors, publishers, and visual artists are:
(a)    whanaungatanga (inter-relationships and connections);
(b)    mana (reputation, prestige and authority); and
(c)    kaitiakitanga (guardianship, protection and stewardship).

The importance of Whanaungatanga
Moana Jackson states the “fundamental values base of Māori law is the maintenance and protection of relationships”.(Natalie Coates and Horiana Irwin-Easthope. Kei raro i ngā tarutaru ngā tuhinga o ngā tupuna | Beneath the herbs and plants are the writings of the ancestors (Appendix 2 to the study paper “He Poutama, Te Aka Matua o te Ture” New Zealand Law Commission, 2023, at 64) Whanaungatanga hinges entirely on relationships and the connection between people, place, and Mātauranga amongst other taonga tuku iho.

Whanaungatanga also places an obligation on authors, publishers, and visual artists who engage with whānau, hapū, iwi, and Māori or work with Mātauranga, and Mātauranga derived works, to act in good faith. Whanaungatanga establishes a web of reciprocal rights of acknowledgement in relation to Mātauranga and Mātauranga derived works. (ibid at 65).

Upholding Mana
Mana is generally understood to mean power, authority, or prestige held by an individual or thing. Mātauranga has mana. To correctly acknowledge and protect Mātauranga, authors, publishers, and visual artists must uphold the mana of the Mātauranga.
Mana can also be seen as one’s reputation, particularly their reputation when engaging with whānau, hapū, iwi, and Māori. Authors, publishers, and visual artists can strengthen and enhance their own mana by establishing strong relationships with whānau, hapū, iwi, and Māori as well as building a good reputation for actively acknowledging, respecting, and protecting Mātauranga. Demonstrating and establishing good structures for dealing with Mātauranga and Mātauranga derived works will in return improve relationships with whānau, hapū, iwi, and Māori.