This article introduces six new licence to protect Māori Data and recognise Māori Data Sovereignty rights today and for the next 1000 years. Māori Data Sovereignty principles are also updated to reflect Māori society and the Social Licence is reviewed as not appropriate for Māori and Indigenous Data.
Citations
This article can be cited as “Taiuru, Karaitiana. (2021). Māori Data Sovereignty Licences. Retrieved form https://www.taiuru.co.nz/maori-data-sovereignty-licences/ “.
Introduction
Māori Data Sovereignty discussions have typically ignored traditional Māori ownership of property models in favour of using Eurocentric views of Māori society and licenses that are contrary to Māori Sovereignty itself. It is reminiscent of Justice Sir Joe Williams presentation “Kupe’s law vs Cooks law”.
Tā Williams describes Kupe the Māori explorer and the traditional law of the land at that time which was tikanga, as it worked well. Then when Captain Cook arrived to New Zealand, he brought a foreign new law ‘common law’, that despite contradicting tikanga, was forced upon Māori, the impacts of which are still occurring today.
This article proposes five new Māori Data Sovereignty licenses that are based on Te Hiku Media‘s original Kaitiakitanga licence. These new licences recognise He Whakaputanga – The Declaration of Independence, Te Tiriti o Waitangi, The United Nations Declaration on the Rights of Indigenous Peoples (UNDRIP), Māori Data Sovereignty Principles and encompasses traditional Māori law of ownership/guardianship and societal hierarchy (tikanga).
A modified set of Māori Data Sovereignty principles are also introduced in this article that reflect the new licences.
Suitability of the terms “Māori Data/ Sovereignty”?
Pre-colonial settlement of New Zealand, Māori Peoples identified themselves primarily as descendants of Ranginui and Papatūānuku and or of Tiki as seen in the following three pepeha:
- Te aitanga a Tiki. The offspring of Tiki. This is applied to human beings. Tiki from the world of Chaos (Po) married Ea of the world of light. They had Kurawkaka who married Tane-nui-a-rangi, the beginning of the human race (Best, 1903, p. 17)
- Ngā uri o Tiki. The descendants of Tiki. These are the human race as Tiki was its progenitor (Colenso, 1879, p. 91).
- Nā Rangi taua, nā Tūānuku e takoto nei; ko ahau tēnei, ko mea a mea. We are descended from Rangi and Tūānuku; as for me, I am so-and-so, child of so-and-so. This was the prescribed formula for responding to a chief who welcomed one to his village. The stranger established their common ancestry and then related essential elements of their own lineage (Brougham, 1975, p. 70).
Secondly, Māori identified themselves from the strata of their tribal structures, these being whānau, hapū, iwi and waka (Barlow, 1991); (Buck, 1949); (Firth, 1972); (Gibbons, Temara, & White, 1994); (Papakura, 1986); (Willmott, 1989, pp. 1-20).
Tribal structures provided a format in which Māori could undertake their political relations enriched by their traditions and strengthened by their sense of tribal identity (Ministerial Advisory Committee, 1988). For example, iwi members of Ngāi Tahu did, and still to this day refer to themselves as descendants of Tahu Pōtiki/He uri au/ia o Tahu Pōtiki.
The important aspect to the modern day term Māori, is that you must have whakapapa to be Māori, regardless of the amount of whakapapa. The potential dangers using only the term Māori Data Sovereignty is that within New Zealand legislation anyone can claim to be Māori without proving it.
This is a dichotomy for Māori who enjoy the autonomy of self identification/tino rangatiratanga with out the need for legislation to decide if a Māori person is indeed a Māori person by introducing racist blood quantum measurements. The Rōpū Māori Licence proposed later in this article has an example of further defining what Māori is so as to avoid non Māori claiming they are a Māori organisation.
Increasingly the general term “Māori Data Sovereignty” will be phased out and Māori will once again revert back to identifying their data and data sovereignty from the strata of their tribal structures: “Whānau, hapū, Iwi, Marae, Waka, and the myriad of different Māori Organisations/Rōpū Māori” to properly have Data Sovereignty and to prevent Data Colonisation.
Definition of Māori Data
Datum, data, information or knowledge in any format or medium, which is about, from, is produced by Māori Peoples, whānau, hapū, iwi or Māori organisations either collectively or individually, describes Māori Peoples, whānau, hapū, iwi and Māori organisations and their environments, has relationships with, or is made by Māori Peoples, whānau, hapū, iwi and Māori organisations or contains any Māori Peoples, whānau, hapū, iwi and Māori organisations content or association or may affect Māori, whānau, hapū, iwi and Māori organisations. Māori Data are a living taonga and are of strategic value to Māori Peoples, whānau, hapū, iwi and Māori organisations (Taiuru, K. 2020).
Māori Data Sovereignty Principles
These widely recognised principles are from Te Mana Rauranga and have been slightly modified to recognise all of Māori societies, modern and traditional and to ensure that the principles are future proofed for Māori society.
01 Rangatiratanga | Authority
1.1 Control.
Māori, whānau, hapū, iwi, marae, rōpū Māori have an inherent rights to exercise control over Māori data and Māori data ecosystems.
This right includes, but is not limited to, the creation, collection, access, analysis, interpretation, management, security, dissemination, use and reuse of Māori data.
1.2 Jurisdiction.
Decisions about the physical and virtual storage of Māori data shall enhance control for current and future generations. Whenever possible, Māori data shall be stored in New Zealand.
1.3 Self-determination.
Māori, whānau, hapū, iwi, marae, rōpū Māori have the right to data that is relevant and empowers sustainable self-determination and effective self-governance and the right to request removal of data that is contrary to tikanga or is disempowers or is bias against Māori, whānau, hapū, iwi, marae, rōpū Māori.
02 Whakapapa | Identity
2.1 Context. All data has a whakapapa (genealogy) and a mauri.
Accurate metadata should, at minimum, provide information about the provenance of the data, the purpose(s) for its collection, the context of its collection, and the parties involved.
2.2 Data disaggregation.
The ability to disaggregate Māori data increases its relevance for Māori, whānau, hapū, iwi, marae, rōpū Māori. Māori data shall be collected and coded using categories that prioritise Māori, whānau, hapū, iwi, marae, rōpū Māori needs and aspirations.
2.3 Future use.
Current decision-making over data can have long-term consequences, good and bad, for future generations of all Māori, whānau, hapū, iwi, marae, rōpū Māori. A key goal of Māori data governance should be to protect against future harm.
03 Whanaungatanga | Obligations
3.1 Balancing rights.
Individuals’ rights (including privacy rights), risks and benefits in relation to data need to be balanced with those of whānau, hapū, iwi, marae, rōpū Māori of which they are a part. In some contexts, collective Māori rights will prevail over those of individuals.
3.2 Accountabilities.
Māori, whānau, hapū, iwi, marae, rōpū Māori are responsible for the creation, collection, analysis, management, access, security or dissemination of Māori data have intergenerational accountability to Māori, whānau, hapū, iwi, marae, rōpū Māori from whom the data derive.
04 Kotahitanga | Collective benefit
4.1 Benefit.
Data ecosystems shall be designed and function in ways that enable Māori, whānau, hapū, iwi, marae, rōpū Māori to derive individual and collective benefits now and for future generations.
4.2 Build capacity.
Māori Data Sovereignty requires the development of a Māori workforce to enable the creation, collection, management, security, governance and application of data.
4.3 Connect.
Connections between Māori, whānau, hapū, iwi, marae, rōpū Māori and other Indigenous peoples shall be supported to enable the sharing of strategies, resources and ideas in relation to data, and the attainment of common goals.
05 Manaakitanga | Reciprocity
5.1 Respect.
The collection, use and interpretation of data shall uphold the dignity of Māori, whānau, hapū, iwi, marae, rōpū Māori. Data analysis that stigmatises or blames Māori, whānau, hapū, iwi, marae, rōpū Māori can result in collective and individual harm and should be actively avoided.
5.2 Consent.
Free, prior and informed consent (FPIC) is one of declarations of the United Nations Declaration of the Rights of Indigenous Peoples (UNDRIP) and shall underpin the collection and use of all data from or about Māori, whānau, hapū, iwi, marae, rōpū Māori.
06 Kaitiakitanga | Guardianship
6.1 Māori Data is ever only loan.
Māori data shall be stored and transferred in such a way that it enables and reinforces the capacity of Māori, whānau, hapū, iwi, marae, rōpū Māori to exercise kaitiakitanga over Māori data. Non Māori can not own Māori data.
6.2 Ethics.
Tikanga (traditional Māori law), kawa (protocols), mātauranga (knowledge), Te Tiriti, He Whakaputanga and The United Nations Declaration on the Rights of Indigenous Peoples shall underpin the protection, access and use of Māori data.
6.3 Restrictions.
Māori, whānau, hapū, iwi, marae, rōpū Māori shall decide which Māori data shall be accessed.
Social Licences are incompatible with te ao Māori
Some government agencies incorrectly use a ‘Social Licence’ for Māori Data and their commitment to Māori Data Sovereignty.
A Social Licence is a direct contradiction of the Māori Data Sovereignty Principles including of Tikanga, Kawa and Mātauranga Māori and the obligations of generations to act as Kaitiaki, as opposed to western ownership models.
“The Social License has been defined as existing when a project has the ongoing approval within the local community and other stakeholders, ongoing approval or broad social acceptance and, most frequently, as ongoing acceptance” (Social Licence, 2020).
In the MPI Primary Growth Partnership newsletter, Jamieson (2015, p. 1) noted that: “In a nutshell, if a company or organization has social licence to operate it means they have the support and trust of their customers and the public. It’s about gaining community and public acceptance for the work that you do”.
The key issue is that no Crown Agency or department can claim to have the support and trust of Iwi, hapū, whānau, Marae and Māori individuals or groups. If they did, there would be no such thing as the Waitangi Tribunal, reforms of government agencies, no accusations of discrimination by Crown organisations and Te Tiriti would be so firmly established in New Zealand society, we would all be comfortable in a bicultural/bilingual society with a mixture of Māori and Western values. We don’t, and we are generations away from being at this stage.
Using a social license with Māori Data also implies that there has been significant consultation with iwi, hapū, whānau, marae and Māori organisations and individuals highlighting the misunderstandings about modern day Māori societal structure. There is no one representative group to represent Māori, hapū, iwi, whānau, marae and rōpū Māori. Each iwi are autonomous from each other as are their marae and hapū with most Iwi not having elections to elect representatives.
A social licence also ignores the independent sovereign nation status that the Crown guaranteed to the Māori iwi who signed the Declaration of Independence.
Kaitiakitanga; Māori Data Sovereignty Licence 1.1
Preamble
Māori Data Sovereignty refers to the inherent rights and interests of Māori, whānau, hapū, marae, 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, marae, iwi and Māori organisations as guaranteed in He Whakaputanga and or Te Tiriti and the provided recognition of rights with the United Nations Declaration on the Rights of Indigenous Peoples (Taiuru, K. 2020).
Whakapapa
The following licence was originally written by Te Hiku Media and modified slightly to allow for and recognise Māori Data Sovereignty rights using traditional Māori law in respect of Māori data.
The intention is that this can be modified or applied directly to any whānau/hapū/Marae/Iwi/Māori Organisation/Group data.
Explanation
Kaitiaki is a Māori word without specific English translation, but its meanings are similar to the words guardian, protector, and custodian. In this context we protect the Māori data in this repository and will provide access to the data as we (Māori) deem fit through our own tikanga and kawa (customs and protocols).
While we recognise the importance of open source technologies, Creative Commons and Open Data, we’re mindful that the majority of tangata whenua and other Indigenous Peoples may not have access to the resources that enable them to benefit from open source technologies, Creative Commons and Open Data.
As tangata whenua, our ability to grow, develop, and innovate has been stymied through colonisation. We must protect our ability to grow as tangata whenua. By simply open sourcing, open Data or applying Creative Commons to our data and knowledge, we further allow ourselves to be colonised digitally in the modern world.
The Kaitiakitanga Licence is a work in progress. It’s a living licence. It will evolve as we see fit. This is a licence that is an international example for Indigenous People’s retention of mana over data and their other intellectual property rights in a Western construct.
Kaitiakitanga of Content
The kaitiakitanga of all data remains with the respective whānau/hapū/marae/iwi/Māori organisation/group. Data may be freely used and distributed with the licence attached but may not be sold or used for commercial purposes.
Kaitiakitanga; Iwi Data Sovereignty License 1.1
Preamble
Iwi Data Sovereignty refers to the inherent rights and interests of Māori, whānau, hapū, iwi, marae 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 He Whakaputanga and or Te Tiriti and the provided recognition of rights with the United Nations Declaration on the Rights of Indigenous Peoples (Taiuru, K. 2020).
Whakapapa
The following licence was originally written by Te Hiku Media and modified slightly to allow for and recognise Iwi Data Sovereignty rights using traditional Māori law in respect of Iwi data.
The intention is that this can be modified or applied directly to any whānau/hapū/marae/iwi/Māori organisation/group data.
Explanation
Kaitiaki is a Māori word without specific English translation, but its meanings are similar to the words guardian, protector, and custodian. In this context we protect the iwi data in this repository and will provide access to the data as we (iwi) deem fit through our own tikanga and kawa (customs and protocols).
While we recognise the importance of open source technologies, Creative Commons and Open Data, we’re mindful that the majority of tangata whenua and other Indigenous Peoples may not have access to the resources that enable them to benefit from open source technologies, Creative Commons and Open Data.
As an iwi, our ability to grow, develop, and innovate has been stymied through colonisation. We must protect our ability to grow as an iwi. By simply open sourcing, open Data or applying Creative Commons to our data and knowledge, we further allow ourselves to be colonised digitally in the modern world.
The Kaitiakitanga Licence is a work in progress. It’s a living licence. It will evolve as we see fit. This is a licence that is an international example for Indigenous People’s retention of mana over data and their other intellectual property rights in a Western construct.
Kaitiakitanga of Content
The kaitiakitanga of all data remains with the respective Iwi. Data may be freely used and distributed with the licence attached but may not be sold or used for commercial purposes.
Kaitiakitanga; Hapū Data Sovereignty Licence 1.1
Preamble
Hapū Data Sovereignty refers to the inherent rights and interests of Māori, whānau, hapū, iwi, marae, 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 He Whakaputanga and or Te Tiriti and the provided recognition of rights with United Nations Declaration on the Rights of Indigenous Peoples (Taiuru, K. 2020).
Whakapapa
The following licence was originally written by Te Hiku Media and modified slightly to allow for and recognise Hapū Data Sovereignty rights using traditional Māori law in respect of Hapū data.
The intention is that this can be modified or applied directly to any whānau/hapū/marae/iwi/Māori organisation/group data.
Explanation
Kaitiaki is a Māori word without specific English translation, but its meanings are similar to the words guardian, protector, and custodian. In this context we protect the hapū data in this repository and will provide access to the data as we (hapū) deem fit through our own tikanga and kawa (customs and protocols).
While we recognise the importance of open source technologies, Creative Commons and Open Data, we’re mindful that the majority of tangata whenua and other Indigenous Peoples may not have access to the resources that enable them to benefit from open source technologies, Creative Commons and Open Data.
As a hapū, our ability to grow, develop, and innovate has been stymied through colonisation. We must protect our ability to grow as a hapū. By simply open sourcing, open Data or applying Creative Commons to our data and knowledge, we further allow ourselves to be colonised digitally in the modern world.
The Kaitiakitanga Licence is a work in progress. It’s a living licence. It will evolve as we see fit. This is a licence that is an international example for Indigenous People’s retention of mana over data and their other intellectual property rights in a Western construct.
Kaitiakitanga of Content
The kaitiakitanga of all data remains with the respective hapū. Data may be freely used and distributed with the licence attached but may not be sold or used for commercial purposes.
Kaitiakitanga; Marae/Rūnanga Data Sovereignty Licence 1.1
Preamble
Marae/Rūnanga Data Sovereignty refers to the inherent rights and interests of Māori, whānau, hapū, iwi, marae 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 He Whakaputanga and or Te Tiriti and the provided recognition of rights with the United Nations Declaration on the Rights of Indigenous Peoples (Taiuru, K. 2020).
Whakapapa
The following licence was originally written by Te Hiku Media and modified slightly to allow for and recognise Marae Data Sovereignty rights using traditional Māori law in respect of Iwi data.
The intention is that this can be modified or applied directly to any whānau/hapū/marae/iwi/Māori organisation/group data.
Explanation
Kaitiaki is a Māori word without specific English translation, but its meanings are similar to the words guardian, protector, and custodian. In this context we protect the marae data in this repository and will provide access to the data as we (the marae) deem fit through our own tikanga and kawa (customs and protocols).
While we recognise the importance of open source technologies, Creative Commons and Open Data, we’re mindful that the majority of tangata whenua and other Indigenous Peoples may not have access to the resources that enable them to benefit from open source technologies, Creative Commons and Open Data.
As a marae, our ability to grow, develop, and innovate has been stymied through colonisation. We must protect our ability to grow as a marae. By simply open sourcing, open Data or applying Creative Commons to our data and knowledge, we further allow ourselves to be colonised digitally in the modern world.
The Kaitiakitanga Licence is a work in progress. It’s a living licence. It will evolve as we see fit. This is a licence that is an international example for Indigenous People’s retention of mana over data and their other intellectual property rights in a Western construct.
Kaitiakitanga of Content
The kaitiakitanga of all data remains with the respective marae. Data may be freely used and distributed with the licence attached but may not be sold or used for commercial purposes.
Kaitiakitanga; Rōpū Māori Data Sovereignty Licence 1.1
Preamble
Rōpū Māori Data Sovereignty refers to the inherent rights and interests of Māori organisations (commercial, not for profit, collectives, representatives, consortiums) have in relation to the creation, collection, access, analysis, interpretation, management, dissemination, re-use and control of data relating to Māori organisations, Māori Peoples as inherited by whakapapa with mana atua, mana tangata and or guaranteed to Māori Peoples members in He Whakaputanga, Te Tiriti and the provided recognition of rights with the United Nations Declaration on the Rights of Indigenous Peoples.
Whakapapa
The following licence was originally written by Te Hiku Media and modified slightly to allow for and recognise Rōpū Māori Data Sovereignty rights using traditional Māori law in respect of rōpū Māori data.
The intention is that this can be modified or applied directly to any whānau/hapū/marae/iwi/Māori organisation/group data.
Explanation
Kaitiaki is a Māori word without specific English translation, but its meanings are similar to the words guardian, protector, and custodian. In this context we protect the rōpū Māori data in this repository and will provide access to the data as we (the rōpū Māori) deem fit through our own tikanga and kawa (customs and protocols).
While we recognise the importance of open source technologies, Creative Commons and Open Data, we’re mindful that the majority of tangata whenua and other Indigenous Peoples may not have access to the resources that enable them to benefit from open source technologies, Creative Commons and Open Data.
As a rōpū Māori, our ability to grow, develop, and innovate has been stymied through colonisation. We must protect our ability to grow as a Rōpū Māori. By simply open sourcing, open Data or applying Creative Commons to our data and knowledge, we further allow ourselves to be colonised digitally in the modern world.
The Kaitiakitanga Licence is a work in progress. It’s a living licence. It will evolve as we see fit. This is a licence that is an international example for Indigenous People’s retention of mana over data and their other intellectual property rights in a Western construct.
Kaitiakitanga of Content
The kaitiakitanga of all data remains with the respective rōpū Māori. Data may be freely used and distributed with the licence attached but may not be sold or used for commercial purposes.
Kaitiakitanga of Whānau Māori Data Sovereignty License 1.1
Preamble
Whānau Māori Data Sovereignty refers to the inherent rights and interests whānau Māori have in relation to the creation, collection, access, analysis, interpretation, management, dissemination, re-use and control of data relating to whānau Māori as inherited by whakapapa with mana atua, mana tangata and as guaranteed in He Whakaputanga and or Te Tiriti and the provided recognition of rights with the United Nations Declaration on the Rights of Indigenous Peoples .
Whakapapa
The following licence was originally written by Te Hiku Media and modified slightly to allow for and recognise Whānau Māori Data Sovereignty rights using traditional Māori law in respect of whānau Māori data.
The intention is that this can be modified or applied directly to any whānau/hapū/marae/iwi/Māori organisation/group data.
Explanation
Kaitiaki is a Māori word without specific English translation, but its meanings are similar to the words guardian, protector, and custodian. In this context we protect the whānau Māori data in this repository and will provide access to the data as we (the whānau Māori) deem fit through our own tikanga and kawa (customs and protocols).
While we recognise the importance of open source technologies, Creative Commons and Open Data, we’re mindful that the majority of tangata whenua and other Indigenous Peoples may not have access to the resources that enable them to benefit from open source technologies, Creative Commons and Open Data.
As whānau Māori, our ability to grow, develop, and innovate has been stymied through colonisation. We must protect our ability to grow as a whānau Māori. By simply open sourcing, open Data or applying Creative Commons to our data and knowledge, we further allow ourselves to be colonised digitally in the modern world.
The Kaitiakitanga Licence is a work in progress. It’s a living licence. It will evolve as we see fit. This is a licence that is an international example for Indigenous People’s retention of mana over data and their other intellectual property rights in a Western construct.
Kaitiakitanga of Content
The kaitiakitanga of all data remains with the respective whānau Māori. Data may be freely used and distributed with the licence attached but may not be sold or used for commercial purposes.
References
Barlow, C. (1991). Tikanga whakaaro: Key concepts in Maori culture. Auckland, N.Z: Oxford University Press.
Brougham, A. (1975). Maori proverbs. Auckland [N.Z.]: Reed.
Buck, P. (1949). The coming of the Maori. Wellington: Maori Purposes Fund Board.
Colenso, W. (1879). On the moa: contributions towards a better knowledge of the Maori race : part 2. A few remarks on a cavern near `Cook’s well,’ at Tolaga Bay, and on a tree (Sapota costata), found there.
Firth, R. (1972). Economics of the New Zealand Maori. Wellington: Government Printer.
Gibbons, S., Temara, A., & White, T. (1994). The Maori Organisation – A Case Study. Retrieved from Hamilton.
Jamieson, M. 2015. Michael’s desk. Agri-Gate. 18:1–4. [Google Scholar]
Ministerial Advisory Committee. (1988). Te Atatu:The Report of the Ministerial Advisory Committee on a Maori Perspective for the Department of Social Welfare. Retrieved from Wellington.
Papakura, M. (1986). Makereti – The Old Time Maori. Auckland: New Womens Press.
Social Licence. 2020. Retrieved from https://socialicense.com/definition.html August 20 2021.
Taiuru, Karaitiana. (2020). Māori Genetic Data – Inalienable Rights and Tikanga Sovereignty. PhD Thesis. Te Whare Wānanga o Awanuiārangi.
Willmott, B. (1989). Culture and National Identity. Culture and Identity in New Zealand.
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