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New Zealand Yearbook of New Zealand Jurisprudence |
Last Updated: 24 April 2015
He Tikanga e Paˉ ana ki a Tainui – Tikanga some Tainui Experiences
This first article draws together excerpts from a transcript taken from a
recording of a panel session during which highly esteemed
kaumātua (elders)
from Waikato-Tainui talked about tikanga and responded to questions from the
audience. The panel was chaired
by Matiu Dickson, Senior Lecturer, Waikato
University Law School. On the panel were the late Ngahinaturae Te Uira,
rūruhi,1 translator extraordinaire, expert in te reo
Māori, and recipient of Te Tohu Amorangi, an award given to people who have
made
an academic contribution to the University of Waikato; Iti Rawiri,
rūruhi; the late Bob Rawiri (then Chair of Ngā Marae
Toopu);2
and Koroneihana Cooper, respected kaumatua and advisor to the Police. We
were also fortunate to have participating in the symposium,
respected kuia,
Hinekahukura (Tuti) Aranui, who once held the position of kuia of our law
school, and Elizabeth (Noki) Haggie who
currently holds that position.
Some of the key themes raised during the interactive panel discussion
included a challenge to the University of Waikato to collaborate
more
meaningfully with the tangata whenua in whose tribal area the University is
situated. During the panel session, the kaumātua
were consistent in
emphasising that although each one of them hailed from Waikato-Tainui, each iwi
and hapū that affiliate to
the Tainui Waka confederation, such as Waikato,
Maniapoto, Raukawa, and Hauraki, has their own tikanga. The panel also discussed
the significance of the Waikato River as an ancestral river and roles of women
in Waikato-Tainui, and in particular tikanga relating
to karanga.
Set out below is some background information and commentary intended to
contextualise the discussions that took place during this
session. First there
is an explanation about the make-up of the Waikato-Tainui tribal
confederation.
Prior to the colonisation of Aotearoa/New Zealand by the British, the
indigenous people, now commonly referred to as Māori, were
identified by
tribal and sub-tribal affiliations, and traditions. Each tribe maintained its
own traditions concerning such things
as the beginning of the world, the origins
of humankind, and the genealogy of the stars. Many of our songs, our prayers,
our chants
and so forth reflect these aspects of our tribal
histories.
1 Rūruhi is a word peculiar to Waikato-Tainui peoples, meaning tino kuia, or most especial
female elder.
2 A collaborative group of marae that affiliate to the Tainui waka. Both
Ngahinaturae Te Uira and Bob Rawiri passed away in 2007
and this special edition
pays special tribute to these pillars of Tainui in ‘Poroporoaki –
Farewells and Acknowledgements’,
above.
2 Yearbook of New Zealand Jurisprudence
Vol 10
Tribal members continue to identify themselves by reference to geographical
features of sacred significance and announce their allegiance
to and citizenship
of these collectives. Tainui is the name of the waka (canoe) that travelled to
Aotearoa from Hawaiki. Tribal confederations
that affiliate to the Tainui waka
include Waikato, Maniapoto, Raukawa, and Hauraki. In the panel session, the
kaumātua refer
to Te Arikinui, Dame Te Atairangikaahu who passed away on 1
August 2006. During her reign as Māori Queen,3 Te Arikinui
headed the Kīngitanga, the King Movement, which began in the 18 0s, some
years after the arrival of Europeans, and
largely as a unified response by a
number of tribes to the upsurge of unauthorised land sales.4 It was
also designed to bring an end to intertribal warfare, and to achieve mana
motuhake, or separate authority.5 While the movement enjoyed the
support of many tribes, it became centred in the Waikato region in the central
North Island. Tribes
from all over the country, including the South Island, had
debated who should be offered the kingship, and those debates resulted
in the
reluctant agreement of Waikato chief, Pōtatau Te Wherowhero, who was raised
up as king in 18 8. Pōtatau was soon
succeeded by his son, Tāwhiao
and it was during Tāwhiao’s term as King that the settler Government,
seeing the Kīngitanga
as a threat to its stability, sent its forces across
the Mangatawhiri River in July 1863, labeling the Waikato people as rebels and
subsequently confiscating Waikato lands and driving people away from their
villages alongside their ancestral river.6 One of the first major
Treaty of Waitangi settlements in this country focused on providing redress for
raupatu, the massive confiscations
that occurred in and around the Waikato
region, affecting all of these tribal groups that affiliate to Tainui. While the
governance
structure that facilitated the raupatu settlement, the Tainui Trust
Board, contained representatives mainly from Waikato, it was
also representative
of certain hapū from Raukawa and Maniapoto in particular who are named
beneficiaries of Waikato Raupatu
Lands Trust – hence the references to
‘Waikato-Tainui’. One of the elders in the panel discussion also
speaks of
Ngāti Hauā leader, Wiremu Tamihana Tarapipipi Te Waharoa,
who in the nineteenth century played an active role in installing
King
Pōtatau. Wiremu’s vision, it is said, was one of Māori control
of Māori affairs within traditional leadership
structures, strengthened by
the confederation of tribes in support of the Kīngitanga. He believed in a
system of Māori
law, influenced by Christian precepts, maintained by
Māori.7
3 The term ‘Te Arikinui’ means The Great Chief, though the term bestowed upon Dame Te
Atairangikaahu at her coronation was ‘Kuini’ or Queen.
4 See Michael King The Penguin History of New Zealand (2003) chapter 15, and see <www.
teara.govt.nz> for historical accounts of the King Movement.
5 David McCan Whatiwhatihoe The Waikato Raupatu Claim (2000) 32.
6 By Orders in council under the New Zealand Settlements Act 1893, the Crown unjustly
confiscated approximately 1.2 million acres of land from Tainui iwi.
7 Evelyn Stokes Wiremu Tamihana Rangatira
(2002).
2007 He Tikanga e Pä ana ki a Tainui
3
The kaumātua make special reference to the ancestral river during the
discussion. The nature of the special relationship between
the Waikato people
and their ancestral river is epitomized in this well-known proverbial saying
which pays tribute to the strong
leadership in the many communities that live
along the banks of the Waikato River, and also alludes to the metaphysical
nature of
the River.8
Waikato taniwharau! He piko he taniwha, he piko he taniwha
Waikato, of a hundred chiefs! At every bend, a chief
Another key feature of the panel discussion concerns karanga, very important
expressions used to connect the spirit world with the
physical world. Karanga
have been described as cries of welcome. They are usually high pitched calls
performed during pōwhiri,
traditional welcome ceremonies. Karanga were
traditionally carried out by elder women of a tribe with tuakana status within
their
family (such as elder siblings), who had the necessary skills and
experience to enable them to undertake the task appropriately.
There were also some questions and comments about the role of women
generally. By way of background, before 1840 Māori women
were significant
leaders, organisers and nurturers at both whānau and hapū level. They
were explorers, poets, composers,
chiefs and warriors, heads of families, and
founding ancestors.9 Much has come to be written about the
complementary nature of the roles of men and women prior to colonization,10
that neither gender was necessarily superior to the other. Māori
women certainly had rangatiratanga, and at times it was superior
to the
authority of men. Māori women had rights over land and resources. Unlike
her Pākehā counterpart, these rights
would not become her
husband’s property if she married. Thus, the traditional role of
Māori women was inconsistent with
the colonial culture
8 The relationship is also recognised in a Deed of Settlement between Waikato-Tainui and the Crown which focuses upon restoring and protecting the health and wellbeing of the ancestral river and proposes a new era of co-management over the Waikato River: ‘Deed of Settlement in relation to the Waikato River’, 22 August 2008, Office of Treaty Settlements,
<http://www.ots.govt.nz> at 26 November 2008.
9 Linda Smith ‘Māori Women Discourses, Projects and Mana Wahine’ in S Middleton and A James (eds) Women and Education in Aotearoa (1992) 35; Annette Sykes ‘How are Māori Women doing 100 Years Later?’ 1993 Women’s Law Conference 161-162; and Huia Jahnke ‘Māori Women in Education’ in P Te Whaiti, M McCarthy and A Durie (eds) Mai i Rangiatea: Māori Wellbeing and Development (1997).
10 See for example, Ani Mikaere, ‘The Balance Destroyed: The
Consequences for Māori Women of the Colonisation of Tikanga
Māori’ Degree of Master of Jurisprudence Thesis, University of
Waikato 1995, now reprinted as Volume One, Mana Wahine Thesis Series
(International Research Institute for Māori and Indigenous Education,
Auckland, 2003). See also Cleve Barlow Tikanga Whakaaro: Key Concepts in
Māori Culture (1991) 148-9.
4 Yearbook of New Zealand Jurisprudence
Vol 10
in which power and authority was the domain of males.11 There are many examples of how Māori adopted or ‘internalised’ colonial values, or how these values were imposed, and how various tikanga and kawa and ways of doing things changed as a consequence. Examples can be found in Māori Land Court records. Pat Hohepa quotes an example from 1891 of men challenging, on the basis of gender, the right of women to be trustees on a Māori land block.12
As a result of this form of assimilation, Māori women became unnaturally
subordinate in Māori society.13 In terms of women’s
speaking rights on the marae,14 it has been argued that it is a
misunderstood and abused issue of our culture because the role of orator is seen
by many as having
the most mana. And, because of this misconception, women are
sometimes regarded as secondary to men. Finally, it is important to
note that
this editorial commentary is intended to provide context to the issues discussed
during the panel session. The words of
the kaumātua themselves are
paramount.
Panel Discussion
Ngahinaturae (Ina) Te Uira
Ina began by posing the question:
Is this a beginning for a closer consultation between the faculty and the iwi
of the catchment area of the University of Waikato?
Ina also noted the irony that while the symposium was about ngā tikanga
o Tainui, they, the kaumātua of Tainui and therefore
the tangata whenua
(first people of the land) were welcomed as manuwhiri (visitors), and a teina
(younger sibling) delivered the
karanga to her own tuakana (elder sibling). Ina
went on to suggest that perhaps a more appropriate venue would have been to hold
symposia such as this on the marae.
Every marae is hapū based and the iwi is a collection of hapū. We
(in Tainui) are responsible for the Kīngitanga. We
are te ‘porotaka
namatahi’, the ‘first circle’. Each iwi and collection of iwi
has their own tikanga. Waikato
have their own tikanga, Hauraki have their own
tikanga and so on. The University catchment area is a big area. The first
tumuaki,
Wiremu Tamihana, had his
11 Pat Hohepa and David Williams ‘The Taking into Account of Te Ao Māori in Relation to
Reform of the Law of Succession’ (Law Commission Working Paper, 1996) 29-30.
12 Ibid.
13 Law Commission Justice: The Experiences of Māori Women (Report 3, 1999) Chapter
2.
14 Kathie Irwin ‘Towards Theories of Māori Feminisms’ in R Du Plessis (ed) Feminist Voices
(1992) 18.
2007 He Tikanga e Pä ana ki a Tainui
5
vision; that of a Māori society in control of their own destiny working
in partnership with Pākehā and participating
in Pākehā law
to determine what is best for themselves.
Koroneihana Cooper
Following a short mihi, Koroneihana confirmed that each one of us has our
own tikanga although we are from the same waka of Tainui.
I think it’s important to understand where we come from. We relate to
kaitiaki, we relate to the Kīngitanga. I think that
it is worth remembering
that when Waikato were made kaitiaki of the Kīngitanga, we were bestowed
with the great honour of looking
after the Kīngitanga. Today we have Te
Arikinui and our role is to look after her. When this honour was bestowed upon
us we
do not whakapapa. If you were to ask us about our whakapapa, it starts
with Pōtatau. That becomes our whakapapa. It is the most
important part of
us.
Matiu Dickson (Chair)
Matiu responded to Ina’s question about the University:
That is the reason why we began this symposium with this session. We need to
have a connection to Tainui and the other iwi in the
catchment area. We draw our
students from all over the motu. It is important to know where our students are
coming from.
Question from the audience
The following question from the audience was posed by a Māori woman who
was studying towards her Master of Laws degree. The question
referred implicitly
to the ongoing debate about the role of women during formal welcome
ceremonies.
How much is our tikanga an imitation of tauiwi? Especially when we hear
debates about women speaking on the marae? How much is adapted
from tauiwi? At
the moment I see our kaumātua making concessions. I don’t like that,
either you follow our tikanga or
you don’t, otherwise you lose your
identity. One of our tikanga, that I learned is that when you have a big hui,
you have one
speaker follow after another, in other words a person from the
tangata whenua is normally the last speaker, somehow in Tainui we
have made
these concessions, everyone should have the right to reply, we should not be
making these concessions, some do not know
the rules, but you can guarantee if
you follow the tikanga, they will know the rules when they leave and when they
return again.
6 Yearbook of New Zealand Jurisprudence Vol 10
I believe in the sacredness of women. So when women speak out there, the tapu
is lifted. For us [not allowing women to speak on the
marae] is not demeaning
our women. Women are sacred because they are the wharetangata. We envelop
ourselves in karakia, we look at
it like this in Waikato, we honour our women
but we also come back to what I mentioned earlier, the sacredness of women and
until
we decide otherwise and Te Arikinui says so, those are the ways of our
tūpuna and those are the values that we should hold on
to. Te Arikinui
maintains the tikanga of our people, in the meantime Te Arikinui chooses to
speak under the mahau of the whare.15
Ina Te Uira
This is a question that affects many of our young people but it is also an
issue for our generation. Even this environment, this kōrero
should be
taking place on a marae. In Tainui women do not speak on the marae ātea.
But women may speak after the kai, such as
at a poukai. Poukai were first
established by King Tāwhiao in 1863, for ngā pouaru, te pani me te
rawakore, the widows,
the orphans and the destitute. There are 28 poukai. After
the raupatu millions of land was confiscated. Tāwhiao worried about
how he
could keep the tribes together. That was why he set up the poukai, ka riro
nā te kapua pōuri rātau... ka riro
mā te tokotoko ki te kapu
‘led through the pillar of fire’... This was the environment in
which Tāwhiao set
up the poukai, that’s where we learned to practice,
that’s where we hope the young will come to listen, to watch and
to learn.
It is after the luncheon at a poukai when women may get up to talk. I remember
way back when there were only three women
who stood up to do that. Iti is the
only one left alive from that time.
Iti Rawiri
I just want to speak on women. Our young women don’t think of
themselves as being important and precious because you are the
whare tangata. I
cry in my heart when I see our young women wanting to have the same rights as a
man. I would debate anything with
a man, but I know my proper place is to bring
up my family. I am proud to have had my family when I was young, they know how I
feel.
Women you are precious. Maybe the world has changed. In my time we
didn’t have to worry about what was going on, there wasn’t
much
going on, but today you have everything going on. A woman has to do what she has
to, but you are precious and you bring the
babies into the world and teach them.
We are giving over to the Pākehā world a mix of these
things.
15 The mahau is the verandah or porch of an ancestral meeting house. Current Waikato-Tainui
Tikanga requires that women do not speak on the marae ātea, or open
courtyard.
2007 He Tikanga e Pä ana ki a Tainui 7
Matiu Dickson
I have seen a situation where a man will get up and talk, and I have seen him
shut down by the women on the paepae. If they are going
on and on, or a speaker
is going all over the place and is out of control, how would you control that
speaker?
Response: I have seen this happen in the Far North, interposing by
women from wherever they are. Personally I have never seen that in
Tainui.
Question from the audience:
There are a number of new things happening these days, more and more there
seems to be Pākehā karakia (prayers) coming in
to things, and we are
losing our own. Our world is changing. [Translation]
Koroneihana Cooper
We have recently been asked how do we feel about the Waikato awa? Waikato is
living to us, we talk to the river, and we greet the
river, we talk to the
river. People probably don’t understand this part of us, we go there we
have a karakia, and still to
this day we ask that those taniwha look after us.
Those who are not familiar with our language would not really appreciate our
relationship
with our ancestral river. [Translation]
Bob Rawiri
There are traditional differences between tapu and the noa. I want to
acknowledge Ngāti Kahungungu. I took a group to Waitaia
Lodge, and that is
where I first heard about the concept of airwaves. A woman from Ngāti
Kahungungu, Rose Pere, came to talk.
My wife had arranged for women to come to
this wānanga on karanga from as far as Te Arawa and Ngāti
Kahungungu.16 Rose Pere spoke about the airwaves, she told the women
to go up in the bush and do a karanga in a normal voice. That’s where
the
word irirangi came from,17 it relates to the pitch of your
voice.
Hinekahukura (Tuti) Aranui
Going back to the question asked by one of the students today. It’s not
so much that we are making concessions. Tikanga has
been set by the people of
that marae in order to protect the mana of the people. When you go to that
marae, you don’t question
it, you don’t impose it. If you watch long
enough you will
16 Te Arawa is a tribal confederation that encompasses the Rotorua area. The Ngāti Kahungunu tribal regions include the east coast of the North Island from the Wairoa area to just north of Wellington.
17 Irirangi literally means to hang in the air. In modern times, the term irirangi has come to
mean airwaves. Reo irirangi has come to mean
radio.
8 Yearbook of New Zealand Jurisprudence Vol 10
see why that is so. He manaaki i te manuwhiri. It is about taking care of
visitors. When you talk about mehemea kia whakautu (whether
or not to respond
after the laying of a gift), the tikanga we at Maniapoto have is, if you stand
up and reply to that person, you
are actually asking for another koha. When that
koha has been put down that is the end of your kōrero. There have been
changes,
but that is not up to us to ask ‘he aha tēnā?’
what is the reason for that?
This is a reply to the question about why do women not stand up to talk on
the marae, they do. They are the first speakers on the
marae, they are the first
and the last voices on the marae. They have cleared the way for the men to
verbalise the concerns of the
kaupapa of that marae. They do have that
permission, if you haven’t got the reo, then get with it, learn it. There
are no excuses.
I asked my mother to teach me how to karanga, she turned around
and asked me ‘where have you been?’ That was a slap in
the face for
me - but was also the best thing that she could have done for me. Because I had
to ask myself where had I been? Why
had I not listened to her and watched
her...
Koroneihana Cooper
We (the orators) listen carefully to the karanga. They have prepared the way
for us. We know who is coming and why, as our women have
told us in the karanga.
As these women do the karanga the visitors are listening to what the women are
saying and then prepare themselves
for their part.
Ina Te Uira
I have a comment about the reference to the airwaves. I brought a group of
people onto the marae at Porirua, Ngāti Toa. My voice
was the only voice
that went out. I must have hit the right note, because I felt the wairua of 300
women with me. On a second occasion
I attended a hui in Taumarunui and was asked
to do the karanga for the Minister of Māori Affairs. I did a karanga and
must have
reached the right note again as some of the Pākehā told me
they got chills up their spines.
Question from the audience
This question was asked by a staff member of the Māori Land
Court:
Thank you to the Law School for sending an invitation to the staff of the
Māori Land Court, the topic is really interesting to
me. I am really
curious about the tikanga incorporated in the Māori Land Court. I am a
mobile officer for the Māori Land
Court and we come across some tricky
situations. We travel around the motu and we have a big catchment area. I work
in Waikato and
Maniapoto. What I would like to know in the context of our
systems and the Ture Whenua Māori Act 1993, is how to address conflicts
between marae trustees and kaumātua?
[Paraphrased]
2007 He Tikanga e Pä ana ki a Tainui 9
Bob Rawiri
This is one of those questions where there is no right or wrong answer. Here
in Waikato we have Ngā Marae Toopu. A lot of the
raruraru or troubles
amongst my people on the marae are about people wanting to have a say in the way
things are run, and often we
are governed by the laws of an incorporated
society, or the law of trusts. This is the dilemma we face as a people.
[Paraphrased]
Elizabeth (Noki) Haggie
Ko au te whaea o Te Wāhanga Ture. I am the whaea of the Waikato Law
School. You heard me karanga today. I know that before I
do anything I always go
to my tuakana, my older sister Iti, for guidance. To participate in the formal
welcome ceremonies on behalf
of the Waikato Law School is part of my job and it
is expected of me. Last week we had a pōwhiri for the New Dean. I know what
should happen, I had already asked my sister if this was the right way of doing
things. We have already had hui about the tikanga
o Tainui. I spoke from my own
experiences on Tūrangawaewae, as the kaikaranga welcoming the visitors
coming in, the kaikaranga
is telling you who is who. I know in other areas say
Te Arawa they all speak first, but in Waikato, it is speaker for speaker, I
think Waikato has got it right.
Matiu Dickson
I was at my grandfather’s house on Matakana Island, when the door slammed, and he said ‘ko wai tērā’ at that very moment his older sister died. I have never forgotten that. I wanted to thank our speakers again and to reiterate the question posed by Ngahinaturae to begin our discussion today: are we going to do this once every five years or are we going to have an ongoing debate? I thank all of our guest speakers today.
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