Haka Ka Mate Attribution Act 2014

1: Title
This Act is the Haka Ka Mate Attribution Act 2014.
2: Commencement
This Act comes into force on the day after the date on which it receives the Royal assent.
3: Purpose
The purpose of this Act is to give effect to certain provisions of the deed of settlement that settles the historical claims of Ngati Toa Rangatira. The provisions relate to the haka Ka Mate.
4: Provisions take effect on settlement date
The provisions of this Act take effect on the settlement date.
5: Act binds the Crown
This Act binds the Crown.
6: Interpretation of Act generally
It is the intention of Parliament that the provisions of this Act are interpreted in a manner that best furthers the agreements expressed in the deed of settlement.
7: Interpretation
In this Act, unless the context requires another meaning,— communication section 2(1) Crown section 2(1) deed of settlement film section 2(1) Ka Mate Ngati Toa Rangatira section 14(1) publication
a: issued to the public; or
b: made available to the public by means of an electronic retrieval system right of attribution section 9 rights representative
a: Te Runanga o Toa Rangatira Incorporated; or
b: the person to whom the right to enforce the right of attribution under section 11 settlement date
8: Acknowledgements by the Crown
1: The Crown acknowledges the significance of Ka Mate—
a: as a taonga of Ngati Toa Rangatira; and
b: as an integral part of the history, culture, and identity of Ngati Toa Rangatira.
2: The Crown acknowledges the statement made by Ngati Toa Rangatira, and set out in the Schedule
a: Te Rauparaha, the composer of Ka Mate:
b: the composition of Ka Mate:
c: the association of Ngati Toa Rangatira with Ka Mate and their role as kaitiaki of Ka Mate:
d: the values of Ngati Toa Rangatira concerning the use and performance of Ka Mate.
3: The Crown recognises that Ngati Toa Rangatira hold the right of attribution.
9: Right of attribution
1: Ngati Toa Rangatira have a right of attribution in relation to Ka Mate.
2: The right of attribution applies to the things described in section 10
3: Anything to which the right of attribution applies must include a statement that Te Rauparaha was the composer of Ka Mate and a chief of Ngati Toa Rangatira.
4: The statement must be—
a: clear and reasonably prominent; and
b: likely to bring Te Rauparaha's identity, as the composer of Ka Mate and a chief of Ngati Toa Rangatira, to the attention of a viewer or listener.
5: However, the right of attribution is subject to any written waiver given, or written agreement entered into, by the rights representative.
10: Right of attribution applies to certain things
1: The right of attribution applies to—
a: any publication of Ka Mate for commercial purposes:
b: any communication of Ka Mate to the public:
c: any film that includes Ka Mate and is shown in public or is issued to the public.
2: However, the right of attribution does not apply to—
a: any performance of Ka Mate, including by a kapa haka group:
b: any use for educational purposes of anything that includes Ka Mate:
c: anything made for the purpose of criticism, review, or reporting current events:
d: any communication to the public of anything described by paragraph (a) or (c) for a purpose that is not commercial.
3: In subsection (1), Ka Mate
11: Remedy for failure to attribute
1: The right of attribution may be enforced only by obtaining a declaratory judgment or order against a person responsible for the thing to which the right applies.
2: The right of attribution may be enforced only by the rights representative on behalf of Ngati Toa Rangatira.
3: The Declaratory Judgments Act 1908
4: The declaratory judgment or order may state that—
a: the right of attribution applies to the thing for which the person is responsible; and
b: the person must comply with this Act.
5: To avoid doubt, the court may award costs under section 13
12: Review of this Act
1: The Ministry of Business, Innovation, and Employment must review this Act after the fifth anniversary of its commencement.
2: The purpose of the review is—
a: to consider whether the interests of Ngati Toa Rangatira relating to Ka Mate are sufficiently protected by this Act and any other relevant enactment or policy of the Crown; and
b: if the interests are not considered to be sufficiently protected, to consider additional protection for them.