Every nation has some who for want of a better word are haters, and Aotearoa New Zealand in no exception. Cameron Slater is a notorious right-winger blogger and tweeter. According to Slater, he’s not a racist, he claims instead “I am simply stating that I will not buy from woke companies“. I beg to differ.
Recently Whittaker’s, a large NZ owned and operated confectionery and chocolate manufacturer, announced it intended to rename blocks of its Creamy Milk chocolate as Miraka Kirīmi to celebrate Te Wiki o te Reo Māori (Māori Language Week), an annual event that this year will occur from September 13th through 19th.
Slater, not surprisingly, does not approve and tweeted with the comment “Go woke, go broke… see ya @WhittakersNZ”. And he should know all about broke, having been declared bankrupt by the courts for failing to pay out on defamation judgements made against him. While I like to believe there’s “that of God in every person”, in Slater’s case it is exceptionally well hidden.
The response to the tweet has been overwhelming and almost unanimous. It should provide Whittaker’s with sales beyond their expectation if comments on Twitter and elsewhere are any indication. An article on Newshub is typical of the public and the media’s response to Slater’s tweet. I too will be purchasing extra Whittaker’s chocolates because (a) they make the best chocolate, (b) I support woke (in it’s true meaning of being alert to injustice and discrimination in society,), and (c) most importantly, to piss off Slater.
Personally, I’d be more than happy if Whittaker’s made all their labelling and packaging bilingual on a permanent basis, after all re reo Māori (the Māori language) is an official language of this nation, and if it’s to survive, it needs to be nurtured, not just by Māori themselves, but by all Kiwis. Three out of five New Zealanders now believe re reo Māori should be a compulsory subject at school. Only 23 years ago the singing of out national anthem in Māori caused an outrage amongst some Kiwi, now the convention is that the first verse of the anthem is always sung in Māori. How things have changed (but not for some people such as Slater).
Some comments on Twitter tickled my fancy. Here’s a few:
If you say you won't eat @WhittakersNZ because it's not in English, I guess that rules out Toblerone, Ferrero Rocher, Lindt, Kinder Surprise, anything owned by Mondelez and Nestlé. OR, you could support a privately owned NZ company that embraces us and lifts us up.
Well, if we're going to extend it to non-english named foods, the list is infinitely long. Pizza, pasta, Pad Thai, Tikka Masala, Tacos, French Fries even.
Nicholas Agar, Professor of Ethics in the Philosophy programme at Te Herenga Waka—Victoria University of Wellington, suggests that our handling of the pandemic could be partly down to our distinctive Treaty of Waitangi relationship, and Māori ideas that enabled us to make it through without tens of thousands of deaths.
Here’s a question. How should we explain our success against the pandemic? Clearly, there are a few factors. The virus arrived comparatively late, meaning we could learn from other nations’ successes and messes; we had inspirational and scientifically-informed leaders; we are an affluent island-based nation with a comparatively small population.
I offer as a conjecture that our success can be partly traced back to our defining Treaty of Waitangi relationship and the way it brings together two peoples with different ideas about the world and how to inhabit it.
Agar suggests that it is the blend of individualistic ideas of European settlers, mostly British, and the collectivist thinking of the Māori that has been the success story of the pandemic. Unlike the “don’t tread on me!” attitude of many in the West, the authorities in Aotearoa New Zealand have been able to introduce measures that we have, by in large, accepted as necessary under the circumstances.
Elsewhere similar measures have been implemented only where the draconian powers of an authoritarian state exist, such as in China. The means by which the Wuhan authorities suppressed community transmission of the virus would, I believe, have been no more acceptable here than in America. The concept of a “team of 5 million” is, I believe, a direct result of the way our two very different cultures with different world views are merging.
One of the difficult parts of being part of a minority group is having your group or aspects of your group defined by the majority group. As an autistic person, every time I leave home I am subjected to a world that pays little heed to the needs of neurodivergent folk. At best there is token allowances for which I’m expected to be grateful. For the most part, I’m expected to put on a mask of normalcy no matter what, and hide my true identity. But should I?
Ethnic minorities also face similar hurdles. Yesterday in Parliament an MP (Member of Parliament) was prevented from speaking by the Speaker, and was eventually ordered from the House when trying to raise a point of order over the matter. His crime was that, in the opinion of the Speaker, he was not dressed appropriately. Standing orders require that in Parliament MPs must be appropriately dressed, which is for men to wear a jacket and tie as part of “business attire”.
In an email sent from Speaker Trevor Mallard, to MP Rawiri Waititi, the Speaker said that a review of the Standing Orders supported members dressing in formal wear of the cultures they identify with. This lies at the heart of the matter and I will address this shortly.
Rawiri Waititi was wearing a business shirt and jacket, but instead of a tie he wore a hei-tiki. For many Māori, the wearing of a hei tiki is part of their cultural, spiritual and personal identity. The fact that he was prevented from speaking raises several issues in my mind. I’ll get the least controversial aspect out of the way first.
What is “business attire?
A quick search online revealed a range of “business attire”, including “casual“, “smart casual“, “business casual“, “business informal“, “business professional” and “business formal” just to name a few. And that’s only for Western dress. Whew!
In the New Zealand context, I would argue that typical business wear for men over recent decades is dress shirt, dress trousers, dress shoes, a jacket and for most occasions a tie is optional. Here, I use “typical” to refer to accepted Pākehā dress (around 70% of the population identify as Pākehā or NZ European).
The Speaker is of the view that ties should be optional and last year he sought the opinion of MPs about abandoning the rule on ties. Apparently there was little support for a change, so the standing order remains – a tie is mandatory. Fair enough, you might say. The majority have spoken, so that’s the end of the matter. To me that shouts out tyranny of the majority.
Racism
I’ve titled this article “institutional racism?” simply because it’s a term that will be most familiar to my readers. To my mind, the term race is a very blunt tool when it comes to understanding the oppression of and discrimination against minorities. I see race as being a set of physical characteristics that make one group distinctive from another. It says nothing about culture, cultural expectations or cultural values.
Regretfully, racism (judging a person or group by their physical appearance) does exist in this country. I have witnessed it although it has never been directed at me in Aotearoa New Zealand in a form that I am able to recognise. I have experienced “low level overt racism” while in Japan, especially in the ’70s and ’80s. In recent visits to Japan, it’s mostly limited to assumptions that I would prefer to use a knife and fork instead of chopsticks, or that I would be more comfortable shaking hands than bowing, neither of which are true. I have an intense dislike to shaking hands and avoid doing so as much as possible. My eating utensils of choice are chopsticks, even for some western style meals.
My children did experience overt racism as youngsters, principally from their peers, and if they are subjected to racism as adults it’s more likely to be covert in nature. If racism has been directed at the wife, she has been oblivious to it, although she has described incidents where I suspect racism has been a factor.
However the issue at the heart of the article is not about race but about custom and culture.
Cultural oppression
While in Japan, I knew it was inappropriate to blow my nose into a handkerchief or to eat an ice cream while walking along the street. Japan is very much a monocultural society, and while I attempted to adapt to the subtleties of Japanese culture, many I were oblivious to, and as a Gaijin visitor I was given much more leeway than I would be given if I had had a more permanent residence there.
Aotearoa New Zealand claims to be a “bicultural multi-ethnic” society. Our founding document, the Treaty of Waitangi, guaranteed Māori as Tangata whenua (literally “people of the land”) equal partnership with the British Crown and specifically protects land, customary rights and traditions. For most of this nation’s subsequent history the treaty has been ignored. Only in the past fifty years have the descendents of those settlers and more recent arrivals begun to recognise the significance of that founding document, and then, often grudgingly.
I don’t believe racial discrimination is a significant issue in this country although it does exist and can deeply affect those subjected to it. On the other hand cultural oppression is vey significant. Any law, regulation, requirement or expectation that diminishes, devalues or denies aspects of cultural identity is effectively cultural oppression. This particularly applies to Māori, given their status as tangata whenua, their rights under the Treaty, and as they constitute a significant minority within this country.
A hundred years ago, the accepted view, including by some Māori leaders was that the best hope for Māori was assimilation – effectively making Māori into brown Pākehā. The practice and teaching of Māori knowledge and wisdom was suppressed as was the use of Te Reo Māori (the Māori language). No room or recognition was given to Māori custom or values. Some Pākehā still hold the same view today.
It didn’t succeed. It created a downtrodden, demoralised subculture that has and continues to have serious repercussion for Māori and to a lesser extent for the rest of society. Thankfully the last fifty has seen an almost miraculous revival of Māori culture, and some of it is rubbing off on sections of the Non-Māori population. This is, in my opinion, healthy for our society.
With that background out of the way, let’s return to MP Rawiri Waititi and his “missing” tie. I believe the Speaker made the wrong call on several grounds. I’ll go through these in the order they come to mind, not in order of importance.
Letter of the law versus spirit of the law.
I’m a firm believer that the spirit/intent/purpose of of a law/regulation/rule is just as important at the letter of the law. Why was the law drafted in the first place? I would argue that the tie rule was not simply an arbitrary rule enforcing a culturally biased dress code, but part of package to maintain the dignity and respect that Parliament deserves as the highest court in the land. The tie rule should be applied in a descriptive manner, not in a prescriptive manner.
Clearly, the wearing into the House of a dirty singlet, a wrinkled pair of stubbies and worn out jandals (thongs to Australians and flip flops to the rest of the English speaking world) would lower the dignity of Parliament. But so too would the wearing of a weather beaten food stained tie and jacket retrieved off an old scarecrow that had been in a cornfield for several years. Yet it would meet the letter of the law as the standing order is currently worded.
Instead, Waititi wore a dress shirt, a business suit and replaced the tie with a culturally significant alternative adornment. I fail to see how this could possibly have negative effect on the dignity of Parliament and in fact I believe it enhances that reputation by not imposing the preferences of one culture onto another culture.
Freedom of expression
The New Zealand Bill of Rights Act (NZBORA) guarantees the right to freedom of expression in any form and this should not be restricted. An example of this that NZ law prohibits the desecration of the national flag of any nation. However the courts have have taken the view that the public desecration of a national flag is a legitimate way of expressing an opinion regarding the actions or stance of a country or its representatives and so is protected by the NZBORA. I think it would require that the only motive for the desecration was to cause offence before there was any likelihood of a prosecution being successful.
Waititi feels very strongly that Māori have been subjected to “colonial oppression”, and who can blame him. The evidence is there for anyone who cares to look. Outside Parliament, Waititi stated that his hei-tiki is his tie of choice. It ties him to his tīpuna (ancestors), whenua (the land where his ancestors have lived and where their placenta are buried), and his people. He went on to say that the political party he represents will not be subjugated nor assimilated to dated colonial rules. “I will not be forced to wear a tie.. this is about standing up against subjugation or assimilation”. Is not the wearing of a hei tiki an expression of his identity and also a stance against what he views as cultural oppression by Pākehā.
Who decides what is “culturally appropriate”?
Waititi has described his dress as “Māori business attire”. Is it the place of the (Pākehā) Speaker to determine what is Māori business attire, or is that the domain of Māori? From my observations, a great many Māori businessmen display a hei tiki or other traditional forms such as a hei matau (stylised fish hook) instead of, (or sometimes over) a tie.
Rawiri Waititi listens to the Speaker’s reprimand (photo: ROBERT KITCHIN/STUFF)
Being culturally sensitive
Māori culture is going through a renaissance and there is growing sense of pride for their traditions and values and how those are expressed. What right have I as a Pākehā to say how Māori should express their culture? The Speaker suggested that Waititi take the tie issue to the Parliamentary business select committee for adjudication, but as Māori are a distinct minority on that committee, isn’t it still a case of Pākehā deciding whether or not a hei tiki is “appropriate”? I would consider it insulting if I were in Waititi’s position. Surely we’re all adult enough to listen to the aspirations of groups that are not our own.
Recognising the rights of others
We live in a pluralistic society with many cultures, religions, lifestyles, and outlooks. There’s more than enough room for them all. We all deserve to be able to live a life as we best see fit. There is no place however for one group to impose its values and practices on another, be it cultural, religious, political or economic.
Epilogue
I was going to rant on some more, but circumstances have changed. Today Rawiri Waititi returned to Parliament in the same attire as yesterday. When he rose to speak, there was an audible sigh from Speaker Mallard, but he did not prevent Waititi from speaking. I won’t speculate on why the Speaker had a change of heart, even if it appeared to be somewhat reluctantly. But I am pleased that he did. It was the correct decision. He should have made it yesterday.
Yes, in Aotearoa New Zealand, it is now after COVID-19, although I and the rest of our nation are under no illusion that the rest of world has some way to go (some nations much further than others).
As we recover from the pain and difficulties that COVID-19 wrought, we should take the opportunity to reevaluate what we are doing to harm the planet and our fellow human beings. Most people, especially those with privilege, simply accept the status quo and seldom think that it is we who are responsible for the harm we’re causing in communities, nations and the environment.
I firmly believe that this recovery period give us a unique chance, perhaps the only chance, for us to take action, individually and collectively that will bring about lasting changes that will enable us all to live in harmony with one another and with the planet.
As a community, Quakers of Aotearoa New Zealand have published a statement calling all Kiwis to action. As much of the call is applicable to people everywhere, I’m reproducing it here in its entirety:
To the Citizens ofAotearoa/New Zealand
At this critical time in the history of New Zealand, and the world, the Quaker Community wishes to convey to you and to the broader community, some principles and values that we feel are key to the decision making that will guide the nation to a better future.
We invite you to consider the enclosed Call for Action
A Call for Actionafter Covid-19
HOPE
We Quakers find hope in the communal response to the Covid-19 crisis across our nation. The collective action of New Zealanders has demonstrated how much we can achieve together in a short time. We see the current pandemic as a warning which creates an unprecedented opportunity for systemic change and as a call to remodel our nation guided by the principles of sustainability, non-violence, simplicity and equity. This is a transformation that will require redistributive and regenerative economic, government and social policies that ensure all members of society benefit in an equitable manner.
VISION Our vision is of a society that is inclusive and respectful of all people. We affirm the special constitutional position of Māori and a Treaty-based, bi-lateral system of government. We seek government which leads with integrity, shares information based on evidence, and engages with communities prior to decision-making. We oppose violence at every level and look to practices that bring peaceful dialogue and non-violent management of conflict.
SANCTITY Quakers have a strong sense of the sanctity of creation. We are committed to the development of systems and new societal norms to rebalance climate disruption, preserve biodiversity and water quality and enable New Zealanders to live simpler lives within sustainable natural boundaries. We support the use of national resources to provide housing, low-carbon transport, and regenerative food production to benefit future generations.
CONSUMPTION
We see that society has been putting profit and consumption above other considerations despite clear evidence that earth’s natural limits have been exceeded. Consumer lifestyles have been destroying the natural ecosystems required by future generations. Decades of neoliberal economic and social policies have allowed a few people to set the agenda and benefit disproportionately. This has condemned many to low wages, poverty and insecurity whilst also degrading the environment.
OPPORTUNITY
Quakers consider that the current pandemic offers the people of Aotearoa New Zealand a chance to reassess the situation and to create a new sense of community and purpose. The Light of the Spirit has inspired Quakers through the generations into social and environmental action. We see this experience with Covid-19 as the impetus to find a way forward based firmly on the Quaker values of peace, simplicity, and equity
ACTION
Quakers call on every person in Aotearoa New Zealand to bring about whatever changes they can to enable us to live in harmony with one another and with the planet.
Why is it that so many people believe their understanding of history to be accurate and fixed for all time, rather than being an interpretation of events based on social attitudes that are in a constant state of flux. Even when the “facts” aren’t in dispute, one’s understanding of history will vary depending on many factors.
One simple and obvious example would be the Crusades, long thought of by the Christian West as a noble and honourable campaign and by the Muslim East as being a murderous and barbaric one. The recognition in the West that the crusades were neither noble nor honourable is not because the “facts” have changed but because we have a different understanding of the significance of those facts.
During my primary school education in the 1950s I was fortunate in that for two years I was taught by a teacher who had a keen interest in North Taranaki history (the region where I lived at the time), and especially in the period of its early European settlement through to what are now know as the New Zealand wars, but in the 1950s were known as the Māori wars (you can smell the colonial bias from the very name).
Unlike the prevailing attitude of the time, which was that colonialisation brought civilisation and enlightenment to the indigenous Māori, by force if necessary, the teacher presented us with a Māori perspective. Although I now realise that the presentation of that perspective was highly idealised, especially when it came to the motives and morality of the Māori on one hand and the Pākehā settlers on the other, what he taught us was more in line with the prevailing understanding held by historians today than that of (Pākehā) historians and public opinion in the 1950s.
The reason for bringing up the topic at all is because the government has decided that the teaching of New Zealand history is to be made a core part of the primary and secondary school curriculum – long overdue in my opinion. Up until now the teaching of New Zealand history has been entirely optional, usually not covered at all, and when it was, it was from a colonial perspective, and the teaching of pre-European history was conspicuous by its absence.
Of course, the decision to teach NZ history brings up the question of what to teach. Already arguments have begun, some of it rather acrimonious. I’m quite confident that we’re unlikely to reach a consensus. My take is similar to the one taken by Matthew Wright in his article Why history must be taught in New Zealand schools:
[I]f we’re to understand New Zealand’s history, we also need to teach how history works – how we think about it, and why it’s always going to be a discussion, broadly shifting with the generations.
I think this is true of all history, not just that of Aotearoa New Zealand.
Today is Waitangi Day, where Aotearoa New Zealand celebrates the signing of the Treaty of Waitangi in 1840, whereby Aotearoa New Zealand became a British colony. There are in fact two versions of the Treaty of Waitangi: the Treaty, signed by Governor Hobson on behalf of the British Crown, which was written in English; and te Tiriti, which was signed by most of the Māori signatories, and was in written in Te Reo Māori (the Māori language). What the Crown intended, and what the Māori believed they were signing up to, were not the same thing, and has been a matter of dispute ever since, including bloody warfare. I stated my point of view in a 2015 blog post Treaty of Waitangi 101 which also includes a video clip of a presentation made to the Quaker Yearly Meeting in 2013.
There has been a call, both from Māori and from some sections of the Pākehā community to enshrine the treaty in law. There arises a problem: which version? I don’t think this is solvable. However, I think we are on the right track in looking at the principles or spirit of the treaty and working within that framework. Te Ara (the Encyclopedia of New Zealand) has a story on the Principles of the Treaty of Waitangi – ngā mātāpono o te tiriti that illustrates where we are at today. The Waitangi Tribunal had this to say in 1983:
The spirit of the Treaty transcends the sum total of its component written words and puts literal or narrow interpretations out of place.
In River gains personhood I wrote about how the Whanganui River and its watershed has gained personhood. This is an example of respecting the principles of the Treaty of Waitangi. A similar law saw a section of the North Island change from being a national park to an entity with personhood.
There are some who find the notion that a “primitive animistic” perspective being permitted within a “civilised Western Christian” (is that Oxymoronic?) society to be totally unacceptable – mostly, but not entirely on the religious right. Some of these detractors are not Kiwi, but some unfortunately are. Personally, I find the partial absorption of each other’s culture, values and perspectives both challenging and beautiful, and long may it continue to be so
Finally I have embedded a YouTube clip of a speech from Our Prime Minister Jacinda Ardern. Yes, I’ll concede that as well as discussing the importance of Waitangi Day, she manages to include a little politics and nationalism (after all, she’s a politician), but what I like about her style, is that she challenges us to make her and her government accountable for what they say and do (or don’t do as the case may be). I like that in a politician. (length: 12m 16s)
I’m not proud of the fact that I can speak only one language. I live in a multicultural society, and yet I can converse only in English. My wife can converse in two languages. My daughter can converse in three languages and can get by in several more.
I’ll concede that in my formative years, and through much of my adult life, the general consensus among New Zealanders, including many Māori, was that as English was “the international language” there was no need to learn any other.
It wasn’t long after marrying a native Japanese speaker that I began to recognise how impoverished my life experience was by knowing only one language. So much of what we experience and comprehend is tied up in the culture and language(s) we live within.
Perhaps I’m more fortunate than many in the same situation in that being autistic, I have always lived within a strange culture with a strange language, and different cultures and ways of understanding the world are no more strange to me than the one I live in. In fact some aspects of other cultures make more sense to me than the one I grew up in.
Although my comprehension of other languages is very limited, I fully understand how language directly colours one’s world view. Knowing more than one language broadens one’s horizons at so many levels, and I regret that I have never taken the opportunity to seriously learn to use another language.
Why am I writing this piece? This week is Māori Language week – Te Wiki o Te Reo Māori, and I’m reminded that language and culture are closely intertwined. You cannot fully comprehend one if you do not understand the other.
Back in October 2015 I wrote an post regarding the lack of respect fundamentalist Christians have towards Māori culture, and their confusing of cultural beliefs and practices with a direct assault on their “true” religion. What they failed to understand is that what Māori regard as Tapu (not ordinary, often translated as “sacred”) remains the same regardless of their religion or non-religion. And they forget that the majority of Māori are Christian whereas the Majority of Pākehā are not. Even so, within Māori culture, concepts such as tapu, mana and mauri are an integral part of their world view.
While preparing this post I stumbled upon this conversation regarding the same incident. Lydia’s (the OP) assertion was that Māori had no rights to claim a mountain as sacred, or if they did, and it was legally recognised, then that’s proof of the establishment of a religion and therefore unconstitutional.
Ignoring for the moment that no law passed by the Parliament can ever be declared unconstitutional in Aotearoa New Zealand, most of the comments support Lydia using one of three arguments:
Christianity is the only true religion and therefore has every right to trample over any other belief system.
Places can be sacred, but only if they’re man-made and not in publicly accessible places.
Recognising the values and practices of a minority is tantamount to the establishment of a religion.
Argument 1 is utter nonsense and I don’t consider it warrants further discussion. Arguments 2 and 3 I will take together as it seems many people, Christian and atheist alike, perceive alternative world views as being based in religion instead of being just a different way of perceiving the world around us.
The problem with many people in modern “Western” societies, particularly Anglophones, is that they see their culture, not just as one of many cultures, but as THE standard to which all other cultures will, when they fully mature, become carbon copies of. Just like many people think they don’t have an accent, only people from other regions do, many think the same way about culture. Other people have culture, but they themselves don’t because they do “what comes naturally”. How wrong they are.
Every aspect of our lives is coloured by the culture in which we are immersed. This includes, customs, practices, beliefs and values. If we live in a region which is mono-cultural, or predominantly so, then we are likely to see other cultural practices and beliefs as something added to, or taken away from, the “natural” state of being human. And if those practices and beliefs were to be removed, then we may think that those formerly holding those practices and beliefs would behave and think very much like us. And of course we’d be wrong.
The founding document of Aotearoa New Zealand is the Treaty of Waitangi which has largely been honoured by the crown more in its breach than by following its principles. English legislation and common law, as well as the English constitutional conventions became the laws of New Zealand in 1840 and Māori customary law was for all practical purposes erased, even though the Treaty gives it equal status with English law.
Over the last 3 or 4 decades, Pakeha in general have slowly come to the realisation that they have a world view that is different from, rather than superior to, the world view of Māori. I believe we are made richer by valuing alternative world views and even recognising and embracing such views legally.
Perhaps much of the “modern” concept of ownership is derived from the Abrahamic religions where God granted mankind dominion over all of nature. The result is that resources can become the exclusive property of individuals, communities, and (more recently) corporations, to be exploited for the benefit of the owners and with little regard to how it might affect other parts of nature, including other people.
In traditional Maori culture mankind is part of nature, not apart or above it. All things have a life force and rivers, mountains and forests are viewed as living entities, and are treated and respected as such. Just as one person cannot be owned, living entities cannot be owned. Communities can have guardianship or stewardship over a living entity but not dominionship or ownership of it.
These two differing world views have been at the heart of conflict between Māori and Pakeha for almost two hundred years and until recently no resolution that meets both views has been found. In the case of the Whanganui River, there have been ongoing court battles for more than 130 years.
This 2009 thesis discuses in depth why a resolution has been so difficult and then proposes giving rivers personhood as a possible solution. The author, James Morris suggests that a model based on a proposal by an American law professor, Christopher Stone could be adapted to New Zealand’s situation. Morris suggests that the benefits would be:
because many Māori seek resolution of who owns rivers, affording a river its own legal personality would neutralise these arguments: the river would be its own entity and thus could not be owned
as the river would be its own entity, Māori would have equal authority and control in decision-making with government authorities thus Māori tikanga (culture: including kaitiakitanga and rangatiratanga aspirations) would have increased recognition.
a river being its own entity under the law would better align the legal framework with the Māori worldview as Māori tikanga (culture) regards rivers as tupuna (ancestors). Tupuna cannot be thought of in fragments as is the case in New Zealand law (for example, the flowing water, the river bed and the river bank). Tupuna must be viewed holistically.
a river having its own legal standing would benefit the health of the river as compensation would have to be applied for the benefit of the river as opposed to remedying a third party’s economic loss.
This model has been adapted here in Aotearoa New Zealand. In 2014 legislation was passed that made what was the Te Urewera National Park into a legal entity in and of itself with all the rights of a person. The purpose was to protect Te Urewera for its intrinsic worth, its distinctive natural and cultural values, the integrity of those values, and for its national importance.
In March this year the Whanganui River became a legal entity with all the rights of a person. The legislation established a new legal framework for the Whanganui River, known in Maori as Te Awa Tupua, recognising the river as an indivisible and living whole from the mountains to the sea. Te Awa Tupua now has its own legal identity with all the corresponding rights, duties and liabilities of a legal person. The legislation recognises the deep spiritual connection between the Whanganui Iwi (tribe) and the river through their traditions, customs and practise.
I predict that it won’t be too long before Taranaki (the mountain under discussion in the links in the first two paragraphs of this post) will also gain personhood. I’m sure this new way (for Pakeha) of looking at the world will be confirmation by fundamentalist Christians that indeed the official religion of New Zealand is animism. However, most Kiwis, Paheha and Māori see this as a “meeting of the minds” and perhaps creating a new culture out of two older ones. This opinion piece expresses what most Kiwis feel about the forging of new ideas such as personhood of natural entities.
Is the concept of personhood for natural resources a viable option in other parts of the world, to preserve those resources and to respect and protect indigenous cultures? Or is this a case of New Zealand loosing the plot as suggested in this What’s Wrong With The World article.
This post is primarily for Kiwis who haven’t bothered to understand the principles of the Treaty of Waitangi / Te Tiriti o Waitangi. We Pakeha were guilty of ignoring the Treaty for more than a hundred years, and it is only in recent decades that an attempt has been made to redress some of the wrongs committed by the crown over many generations. We still have a long way to go, and it’s often a case of two steps forward and one step back.
Too many Pakeha have made no attempt to understand what the treaty means to Māori and to us as a nation, and in essence, want Māori to “integrate” by abandoning all that is sacred and unique about their culture and become “brown Pakeha”. They don’t want Te Reo (the Māori language) taught in schools, nor the preservation of customary rights, and especially not the partial restoration of land and and the payment of compensation for all that was confiscated from Māori after the Land Wars in the latter half of the nineteenth century.
Understanding the spirit of the Treaty of Waitangi is not really too difficult – it consists of three articles. Most of us understand understand Articles I and III, but for many Pakeha and for successive governments we have failed to honour Article II. It’s time this was redressed. The video clip below explains the basic principles of the three articles.
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