Gordon Campbell | Parliament TV | Parliament Today | Video | Questions Of the Day | Search

 


Maori Party Raises Issue of cultural appropriation

"Out out damn spot: Maori Party Raises Issue of cultural appropriation"

Dr Pita Sharples, Co-leader, Maori Party Press Statement On Geographical Indications Bill Thursday 15 December 2005

In considering the Geographical Indications (Wine and Spirits) Registration Bill today, the Maori Party wants to raise the issue of the protection and rights over the regionally-based products and produce of hapu and iwi.

"Earlier this week I condemned the use of the Maori name in a brand of cigarettes called the I and M Maori mix brand, recently discovered in Jerusalem, Israel" stated Dr Pita Sharples.

"I was disgusted that our authenticity, our identity, our name has been associated with a killer disease".

"It was a blatant example of the appropriation of an indigenous word and race, for commercial gain by a multi-national corporation".

Dr Sharples referred to the draft declaration of indigenous peoples which states that:

"Indigenous peoples are entitled to the recognition of the full ownership, control, and protection of the cultural and intellectual property".

"That includes Maori words and names" stated Dr Sharples.

"Yet with this Bill introduced today, there is a real fear that the 'naming rights' attached to specific locations, could run rough-shod over Maori customary and intellectual heritage rights".

"We have heard today mention of the names of Marlborough as a brand, as a location. There are other names that existed in the same region prior to Marlborough".

"Maori names like Kenepuru, Te Tai Tapu, Te Wairau, Awatere. Will these names become ripe for the picking? I'll be crushed if they do".

"Let's look, as an example, at the registration of Awatere Terrace Vineyards in the Marlborough region. The Bill introduces the 'first-in-time, first-in-right' principle for determining which right has priority".

"First in time' in this case, was a company called Awatere Terrace Vineyards. Yet Tohu wines, the first indigenous wine company producing wine for domestic and export markets, would not be able to use the word 'Awatere' and the Maori Party would argue that they should have first refusal in terms of the intellectual and cultural property".

"The shareholders of Tohu wines are the tangata whenua of the area that we are now calling Marlborough. Their share-holders include Wakatu Incorporation who are descendants of the chiefs and families of four tribes - Ngati Koata, Ngati Rarua, Ngati Tama and Te Atiawa".

"The word Awatere comes from their whakapapa. Yet this Bill, might prevent them from using their own name, their name passed down along genealogical lines".

The Bill does state that in very limited circumstances, there is the potential of a later-filed geographical indication to be registered despite a pre-existing trade mark having priority.

In determining whether a later-filed geographical indication is to be registered, the Registrar considers such things as the legitimate interests of the owner of the trade mark and of third parties, and other factors, which may include international considerations.

"Yet given the appalling recent record overseas of this Government, in 'the increasingly hostile position towards indigenous peoples and our right to self-determination', one wonders if cultural appropriation would cause any concern" stated Dr Sharples. "Indeed, one wonders if the Government is opening the gate for cultural appropriation and the denigration of indigenous people to be acceptable".

[Dr Sharples was referring to a statement by the American Indian Law Alliance delegation from the discussions taking place in Geneva to discuss the Declaration on the rights of the World's indigenous peoples].

"Will this Government in the future, in suffering pangs of guilt, attempt to wash away the dastardly deeds that it has committed; much in the way that Shakespeare's Lady Macbeth attempt to cleanse herself of the behaviour that she had condoned?"

"The TOI IHO (Maori Trademark) establishes a clear process to ensure indigenous symbols are not misappropriated".

"The Maori Party will continue to promote the importance of following due process - whether it be in criminal matters, civil matters, or matters of property like the foreshore and seabed".

ENDS

© Scoop Media

 
 
 
 
 
Parliament Headlines | Politics Headlines | Regional Headlines

Gordon Campbell:
On The Northland By-Election

Supposedly, Winston Peters’ victory in Northland has exposed the simmering dissatisfaction with the government that exists out in the provinces. Yet it remains to be seen whether this defeat will have much significance – and not simply because if and when Labour resumes business as usual in the Northland seat at the next election, Peters’ hold on it could simply evaporate.

On Saturday, National’s electorate vote declined by 7,000 votes, as the 9,000 majority it won last September turned into a 4,000 vote deficit – mainly because Labour supporters followed the nod and wink given by Labour leader Andrew Little, and voted tactically for Peters. In the process, Labour’s vote went down from nearly 9,000 votes six months ago, to only 1,315 on Saturday. More>>

 

PARLIAMENT TODAY:

Gordon Campbell: On A Funeral In Asia, The Northland By-Election, And News Priorities

Supposedly, New Zealand’s destiny lies in Asia, and that was one of Foreign Minister Murray McCully’s rationales for his bungled reforms at MFAT. OK. So, if that’s the case why didn’t Prime Minister John Key attend the state funeral on Sunday of Singapore’s founding leader Lee Kuan Yew? More>>

ALSO:

Werewolf Satire: Not Flag-Waving; Flag-Drowning

The panel choosing the flag options has no visual artists at all. Now, I’ve kerned the odd ligature in my time and I know my recto from my French curve so I thought I’d offer a few suggestions before they get past their depth. More>>

ALSO:

IPCA Reports: Significant Problems In Police Custody

In releasing two reports today, the Independent Police Conduct Authority has highlighted a number of significant problems with the way in which Police deal with people who are detained in Police cells. More>>

ALSO:

Inspector-General of Intelligence and Security: Inquiry Into GCSB Pacific Allegations

The complaints follow recent public allegations about GCSB activities. The complaints, and these public allegations, raise wider questions regarding the collection, retention and sharing of communications data. More>>

ALSO:

TPPA Investment Leak: "NZ Surrender To US" On Corporates Suing Governments

Professor Jane Kelsey: ‘As anticipated, the deal gives foreign investors from the TPPA countries special rights, and the power to sue the government in private offshore tribunals for massive damages if new laws, or even court decisions, significantly affected their bottom line’. More>>

ALSO:

Werewolf: The Myth Of Steven Joyce

Gordon Campbell: The myth of competence that’s been woven around Steven Joyce – the Key government’s “Minister of Everything” and “Mr Fixit” – has been disseminated from high-rises to hamlets, across the country... More>>

ALSO:

RMTU: No Public Submissions On International Government Procurement Deal

“The government is preparing to assent to the Government Procurement Agreement, a World Trade Organisation Treaty which opens up New Zealand Government contracts to foreign companies and closes the door on local businesses and their workers. However the Foreign Affairs, Defence and Trade Select Committee is refusing to take public submissions on the decision.” More>>

ALSO:

Gordon Campbell:
On Pacific Spying

So New Zealand spied on its friends and allies in the Pacific – and has not only been passing on the results to the NSA, but has apparently passed on the details of the Pacific’s relations with Taiwan to our other best friends, the Chinese. On the side, the Key government has also been using the security services to gauge the chances of Trade Minister Tim Groser landing the top job at the WTO... More>>

ALSO:

State Housing Transfer: Salvation Army Opts Out

The Salvation Army has decided against negotiating with Government for the transfer of Housing New Zealand stock.
More>>

ALSO:

Get More From Scoop

 

LATEST HEADLINES

 
 
 
 
 
 
 
 
Parliament
Search Scoop  
 
 
Powered by Vodafone
NZ independent news