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This article discusses the place of Mana Wahine theory in decolonising gender relationships in Aotearoa (New Zealand). Mana wahine theory is grounded upon and informed by Māori language, practices, protocol and knowledge forms. It is through this lens that we are able more deeply come to understand and theorise issues faced by Māori women and in doing so to reclaim and reassert our place on our own lands. This is both a movement and a theory that has at its centre the resurgence and reaffirmation of the mana of Māori women, past, present and future.
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This article explores ways to decolonise aspects of the intellectual property system in Aotearoa New Zealand, primarily in respect of trade marks. It considers the seminal Wai 262 report of the Waitangi Tribunal and builds upon its findings and recommendations, while also offering new ideas of legal reform for protecting matauranga Maori (Maori knowledge and expertise) from undue exploitation. This article also measures those ideas against the objectives and principles of the Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPS Agreement), as well as other internationally recognised rights. Essentially, this article maintains that for any mechanism to be effective in recognising and upholding the tino rangatiratanga (unqualified self-determination) of Maori over their own matauranga, that mechanism must be founded upon the principles of tikanga Maori (Maori laws and customs), which is a notion crystallised within the Treaty of Waitangi/Te Tiriti o Waitangi. It must also find its own meaningful place in the law of New Zealand that surrounds us today. It is only in this way that the extractive and thereby oppressive binds of the western intellectual property regime can be unpicked and put aside and the tapu (high status and associated sanctity) of matauranga can be upheld. These words are also an honouring of those who spent countless hours on the Wai 262 report. It is hoped this article gives new and much needed life to the issue of protecting matauranga Maori, which is still as relevant today as it was then. Kei aku rangatira, kei aku tapaeru, kei aku whakaruakaka, tenei e ngakau whakaiti nei (an acknowledgement of all those who took part in Wai 262).
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The removal of a Māori child in May 2019 led to widespread protest and the launch of four inquiries into the Ministry for Children, plus an urgent inquiry through the Waitangi Tribunal. Tamariki Māori are over-represented in the child welfare system, but the issues are not just about the system itself. The legacy of colonisation continues to have an impact, not just on individual whānau, but also on the loss of tikanga in relation to whānau. It is the tikanga of whānau that many protesters seek to protect. Furthermore, advocates for reform disagree on the extent to which partnership and biculturalism should be prioritised, or whether self-determination should be a minimum prerequisite for change. Understanding this difference of opinion is important because it affects our view of the child welfare system itself. This article explores these issues within the current context, where child welfare issues are a matter of considerable public debate.