page_title: Indigenous intellectual property
section_title: Māori Ka Mate haka
hierarchical_section_title: Indigenous intellectual property / Claims and declarations regarding Indigenous Intellectual Property / Māori / Māori Ka Mate haka
caption_attribution_description: A profile head and shoulders portrait of the Ngāti Toa chief Te Rauparaha, wearing a cloak, a pohoi ear ornament (made from albatross feathers), and a feather in his hair. He has full moko (facial tattoo). Thought to be copy after Isaac Coates. cf similar portrait in the Peabody Museum, Salem, Mass., and ATL Hall, R., fl 1840s&#160;:Te Raparaha, chief of the Kawias. [184-] Reference Number: A-114-047 Shows a profile head and shoulders portrait of the Ngati Toa chief Te Rauparaha, wearing a cloak, shell earring, and feather in his hair. He has full moko. Key terms: 1 image, categorised under Watercolours, Ethnographic images and Portraits, related to d Te Rauparaha, R Hall, Isaac Coates, Ngati Toa, Rangatira, Whatu kakahu, Men, Maori, Maori - Clothing and Maori - Moko. Part of: Hall, R., fl 1840s&#160;:Te Raparaha, chief of the Kawias. [184-], Reference Number A-114-047 (1 digitised items) Extent: 1 watercolour(s)Watercolour 197 x 135 mm. Vertical imageSingle art work Conditions governing access to original: Partial restriction - Use photographic copy in preference to original. Other copies available: File PrintIn Drawings &amp; Prints under Artist/Title (DFP-005976) Usage: You can search, browse, print and download items from this website for research and personal study. You are welcome to reproduce the above image(s) on your blog or another website, but please maintain the integrity of the image (i.e. don't crop, recolour or overprint it), reproduce the image's caption information and link back to here (http://mp.natlib.govt.nz/detail/?id=21276). If you would like to use the above image(s) in a different way (e.g. in a print publication), or use the transcription or translation, permission must be obtained. More information about copyright and usage can be found on the Copyright and Usage page of the NLNZ web site.
context_page_description: Indigenous intellectual property is an umbrella legal term used in national and international forums to identify indigenous peoples' claims of collective intellectual property rights to protect specific cultural knowledge of their groups.
  It is a concept that has developed as an analog to predominantly western concepts of intellectual property law, and has most recently been promoted by the World Intellectual Property Organization, as part of a broader effort by the United Nations to see the world's indigenous, intangible cultural heritage better valued and better protected against perceived, ongoing mistreatment.
  Nation states across the world have experienced difficulties reconciling local indigenous laws and cultural norms with a predominantly western legal system, in many cases leaving indigenous peoples' individual and communal intellectual property rights largely unprotected.
context_section_description: Since the 19th century, Māori-style Hakas have been popularly-used by New Zealanders as a cheer at sporting events; especially for New Zealand national teams.  Between 1998 and 2006, the Ngāti Toa iwi attempted to trademark the Ka Mate haka and to forbid its use by commercial organisations without their permission. The Intellectual Property Office of New Zealand turned their claim down in 2006, since Ka Mate had achieved wide recognition in New Zealand and abroad as representing New Zealand as a whole and not a particular trader. In 2009, as a part of a wider settlement of grievances, the New Zealand government agreed to:
  "...record the authorship and significance of the haka Ka Mate to Ngāti Toa and ... work with Ngāti Toa to address their concerns with the haka... [but] does not expect that redress will result in royalties for the use of Ka Mate or provide Ngāti Toa with a veto on the performance of Ka Mate...".
  However, a survey of nineteenth-century New Zealand newspapers found Ka Mate was used by tribes from other parts of New Zealand, and was generally described by them as being an ancient peacekeeping song, from eras long before its appropriation by the Ngāti Toa chief Te Rauparaha. When Ngāti Toa authorities were asked for evidence that Ka Mate was of Ngāti Toa authorship, they were unable to provide any.
caption: Te Rauparaha, alleged composer of Ka Mate.
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