Maori Law Flashcards
What does the framework of ‘take-utu-ea refer to?
Cause- Redress- Solution
Involves the taking of an action(take) to resolve a matter and create a state of ea(restoring balance and thereby maintaining whanaungatanga)
What is ‘whakapapa’?
-Represents genealogy but also embodies a conceptual framework which allows us to explain where we have come from and where we are going
What is ‘manaakitanga’?
-Basic principle of behaviour in which applies to most ceremonies(a guiding practice)
-Value which underpins Tikanga
What is ‘whanaungatanga’?
Embraces whakapapa and focuses on relationships
-Supporting relatives and collectively uplifts local communities
What is ‘tikanga’?
Maori concept of customs and traditional values from Maori knowledge
-Derived from the Maori word ‘tika(being correct)- therefore to act in accordance to values in a way that is proper and adequate
What is ‘tapu’?
A belief system within Maori society which refers to sacredness or spiritual restrictions
-Strongest force in Maori life
Eg= never walking over a sleeping person, never passing over the head of another
What is ‘mana’?
The place of an individual within society
-Differing levels of authority and power
-A supernatural force in a person, place or object
Describe sources of Maori social and political organisation?
-Hapu(lived under the influence of rangatira)
-Social control was regulated by the principles of Tikanga
-Reciprocity had an influential effect on governing Maori society
-Influenced by tapu
-Political right of control was found within mana
What is the Maori site of power?
-Vested in the institution of ariki and rangatira
-Iwi and Hapu developed unique constitutional systems based on history and cultural reality
-Power is bestowed by the people to be exercised in a way aligned with Tikanga
-Mana is absolute- exercise of authority could not be tampered with
-Ariki= human resting of the gods- holds supreme authority in all ritual matters
How was Maori law affected by colonisation?
-Settlers wanted to replicate the Westminster system on a smaller scale within NZ
-Treaty dramatically changed the application of Maori law
-Minimised their mana and undermined their law as a place of authority
-An ongoing issue of concern(Maori society has not recovered from such suppression of Tikanga)
What is a ‘rahui’?
-Translates to ‘to prohibit or a prohibition’
-Used in the form of restriction of a resource, area or activity
-Used to regulate human activity for the future well-being of people and natural resources
-For enviroment= prohibition of using that area in order to allow for the essence of life to be restored
For loss of life= The intent is to allow time to pass for the death to dissipate from a physical area(cleansed by natural elements)
What is the Treaty of Waitangi?
-A document of central importance
-An agreement between representatives of the British Crown and of Maori iwi
-Two versions(Maori and English text)
-Signed on the 6th of Feb 1840
-540 signatures in total
-Ongoing issues regarding mistranslations and interpretations
What was the intent of signing the treaty for both Maori and the English?
For English= Ongoing challenge of its lack of jurisdiction over its subjects
-Britains primary motive was to protect it’s imperial interests
For Maori= thought that the treaty would pose control over British subjects, not necessarily undermining their political authority
What are some of the concerns of the signing?
-Some rangatira may have felt pressured to sign
-Rangatira did not intend to cede their sovereignty to make and enforce law- but rather agreed to share authority and power with the Governor
-Rangatira assumed that the treaty proposed peace and prosperity, protection of their lands and security from mass migration(French threat)
The absolute nature of the transfer of authority was played down but ideas of protection and relationships with the Crown were emphasised to get Maori to sign
What was the role of missionaries in New Zealand?
-Missionaries were an important aspect of the discussions at Waitangi
-Church missionaries were mainly Maori speakers who integrated themselves within Maori society
-Instrumental in getting Maori to sign as they had gained the trust of Maori
-Encouraged peace and attempted to mediate conflict
-Best channel of communication between Maori and the British
-Encouraged Maori to sign treaty
