title: Indigenous Peoples and the Protection of Their Secret Knowledge: A Promising Pathway Ahead

authors: Masoni, Claudia

abstract: This work focuses on the intangible, secret aspects of indigenous peoples’ cultures and how such secret information is protected by indigenous guardians or holders. This is because much of indigenous culture is imbued with spiritual significance for indigenous peoples and, consequently, it is not made available to the rest of the community and the world at large.
This thesis examines the reasons why it is important to preserve indigenous cultures and secret practices that today survive in indigenous communities. The thesis demonstrates that secrecy is seen as essential to the preservation of indigenous secret knowledge. Indigenous guardians are responsible for the preservation of the information, and they commonly use secrecy to preserve the knowledge and, when they share it, they choose limited, confidential circumstances to do so. This work argues that it is important to make reasonable space in the existing body of laws which have so far failed to effectively protect indigenous secret practices and information. The case study described in this thesis helps understand how states are currently trying to listen, understand and accommodate indigenous claims brought forward at the national and international fora. The thesis reviews the legal protection currently available to indigenous secret knowledge in national and international law. The first 6 chapters introduce indigenous cultures, holism and indigenous peoples and international law, and chapter 7 describes the New Zealand case Wai 262 and the recommendations given by the Waitangi Tribunal. The remaining chapters analyse indigenous cultures and intellectual property laws, identifying gaps in the existing mechanisms for protection and underlining why, as of today, intellectual property law does not guarantee adequate protection to indigenous secret knowledge. The last chapter analyses the law of breach of confidence as a possible instrument to safeguard indigenous secret information and the duty of care performed by indigenous guardians in preserving such knowledge. It argues that the existing law of confidentiality can usefully evolve to protect cultural secret information as a growing category in its own right and that indigenous secret information can find protection as confidential information.

text: Indigenous Peoples and the Protection of Their Secret Knowledge: A Promising Pathway Ahead This work focuses on the intangible, secret aspects of indigenous peoples’ cultures and how such secret information is protected by indigenous guardians or holders. This is because much of indigenous culture is imbued with spiritual significance for indigenous peoples and, consequently, it is not made available to the rest of the community and the world at large.
This thesis examines the reasons why it is important to preserve indigenous cultures and secret practices that today survive in indigenous communities. The thesis demonstrates that secrecy is seen as essential to the preservation of indigenous secret knowledge. Indigenous guardians are responsible for the preservation of the information, and they commonly use secrecy to preserve the knowledge and, when they share it, they choose limited, confidential circumstances to do so. This work argues that it is important to make reasonable space in the existing body of laws which have so far failed to effectively protect indigenous secret practices and information. The case study described in this thesis helps understand how states are currently trying to listen, understand and accommodate indigenous claims brought forward at the national and international fora. The thesis reviews the legal protection currently available to indigenous secret knowledge in national and international law. The first 6 chapters introduce indigenous cultures, holism and indigenous peoples and international law, and chapter 7 describes the New Zealand case Wai 262 and the recommendations given by the Waitangi Tribunal. The remaining chapters analyse indigenous cultures and intellectual property laws, identifying gaps in the existing mechanisms for protection and underlining why, as of today, intellectual property law does not guarantee adequate protection to indigenous secret knowledge. The last chapter analyses the law of breach of confidence as a possible instrument to safeguard indigenous secret information and the duty of care performed by indigenous guardians in preserving such knowledge. It argues that the existing law of confidentiality can usefully evolve to protect cultural secret information as a growing category in its own right and that indigenous secret information can find protection as confidential information.

year: 2017

title: Alice Grey Nicholls, daughter of William, and her husband, Charles John Dearle

authors: Hart, Philip

abstract: Alice Grey Nicholls was the ‘half-caste’ daughter of a Pakeha Maori, William Nicholls. She would marry a Pakeha and have several children, losing her only son but bringing up a family of daughters, who all received a Pakeha education. Having a moko emphasized her Maori heritage, and she was on good terms with many Maori.
Charles John Dearle, a Londoner, after some involvement in gold mining spent most of his life working for the government. At the request of Maori landowners, from 1883 until 1895 he allocated goldfields revenue amongst them, a challenging task. He was also involved in land purchases both on behalf of the government and for personal gain. 
They farmed her land at Mangaiti, near Te Aroha, Alice continuing to farm it profitably after his early death, assisted for a time by her daughters. She purchased more land, and to enable her to sell some portions of it she had it declared European land, an illustration of her astuteness in business; her family obtained a good financial position from her farming and land dealings. When she died, aged 81, her Pakeha friends fondly remembered her.

text: Alice Grey Nicholls, daughter of William, and her husband, Charles John Dearle Alice Grey Nicholls was the ‘half-caste’ daughter of a Pakeha Maori, William Nicholls. She would marry a Pakeha and have several children, losing her only son but bringing up a family of daughters, who all received a Pakeha education. Having a moko emphasized her Maori heritage, and she was on good terms with many Maori.
Charles John Dearle, a Londoner, after some involvement in gold mining spent most of his life working for the government. At the request of Maori landowners, from 1883 until 1895 he allocated goldfields revenue amongst them, a challenging task. He was also involved in land purchases both on behalf of the government and for personal gain. 
They farmed her land at Mangaiti, near Te Aroha, Alice continuing to farm it profitably after his early death, assisted for a time by her daughters. She purchased more land, and to enable her to sell some portions of it she had it declared European land, an illustration of her astuteness in business; her family obtained a good financial position from her farming and land dealings. When she died, aged 81, her Pakeha friends fondly remembered her.

year: 2016

title: Critical pedagogy in early childhood education: Four case studies in Aotearoa New Zealand

authors: Kahuroa, Raella

subjects: Critical pedagogy

abstract: Critical pedagogy provides a rigorous critical theory for teachers and children in early childhood education.  This study seeks to answer two questions.  Firstly, how might teachers enact critical pedagogy in an early childhood education setting, and secondly, how can critical pedagogy support the belonging and empowerment of young children.  

The critical inquiry framework in this study is framed by Paulo Freire (1970/2018).  The study used an action research approach, and was undertaken as four case studies of teachers in the same kindergarten, with each teacher implementing a separate critical pedagogy inquiry.   

The findings of the study showed the possibilities that exist for children and teachers through a critical pedagogy approach.  Using Freirean concepts, informed by bicultural practices and supported by early childhood approaches (such as working theories, wait time, and open-ended dialogue), teachers were able to successfully implement critical pedagogy inquiries.  These inquiries also led to an expansion of children’s critical consciousness as they explored multiple perspectives.  Praxis supported the empowerment of children as they worked with teachers to act on issues that were important to them.  Belonging for children was also supported through opportunities to practise critical skills, negotiate challenges, solve problems, and collaborate for a common good. 

The study found that critical pedagogy was not only possible, but also valuable for children and teachers, supporting them to interrogate and transform the world around them.

text: Critical pedagogy in early childhood education: Four case studies in Aotearoa New Zealand Critical pedagogy provides a rigorous critical theory for teachers and children in early childhood education.  This study seeks to answer two questions.  Firstly, how might teachers enact critical pedagogy in an early childhood education setting, and secondly, how can critical pedagogy support the belonging and empowerment of young children.  

The critical inquiry framework in this study is framed by Paulo Freire (1970/2018).  The study used an action research approach, and was undertaken as four case studies of teachers in the same kindergarten, with each teacher implementing a separate critical pedagogy inquiry.   

The findings of the study showed the possibilities that exist for children and teachers through a critical pedagogy approach.  Using Freirean concepts, informed by bicultural practices and supported by early childhood approaches (such as working theories, wait time, and open-ended dialogue), teachers were able to successfully implement critical pedagogy inquiries.  These inquiries also led to an expansion of children’s critical consciousness as they explored multiple perspectives.  Praxis supported the empowerment of children as they worked with teachers to act on issues that were important to them.  Belonging for children was also supported through opportunities to practise critical skills, negotiate challenges, solve problems, and collaborate for a common good. 

The study found that critical pedagogy was not only possible, but also valuable for children and teachers, supporting them to interrogate and transform the world around them.

year: 2021