Treaty of Waitangi Submission
by Adam Rangihana
by Adam Rangihana
Petition to Reject the Treaty Principles Bill 2024
Petition to Reject the Treaty Principles Bill:
Protecting New Zealand’s Cultural and Economic Future
My name is Arama Rangihana, and this is my Karakia to the New Zealand Parliament, Government Ministers, and all who call Aotearoa home.
As a descendant of Tāmati Wāka Nene, I believe that the partnership established under Te Tiriti o Waitangi was not just about governance but about building a nation where Māori and Pākehā could thrive together. Today, I am deeply concerned that the Treaty Principles Bill undermines that partnership and risks significant financial harm to New Zealand by failing to protect Māori taonga (treasures) from overseas commercialization and exploitation.
The Financial Cost of Badly Conceived and Written Legislation:
Failing to Protect Māori Taonga
Māori taonga, such as the haka, carvings, and traditional knowledge, are not just cultural treasures—they are central to New Zealand’s identity and economic success. Our brand, valued at $442 billion, relies on the
authenticity of Māori culture to attract international visitors, partnerships, and investments. Yet this bill fails to provide the protections necessary to prevent overseas entities from exploiting these assets.
- A Global Comparison: Aboriginal Art: In Australia, it is estimated that 90% of Aboriginal art souvenirs sold are owned by companies in Indonesia or China, not Aboriginal communities. This commodification has syphoned billions of dollars away from the rightful owners of that heritage, reducing its authenticity and leaving Aboriginal artists with little to no benefit.
- The Risk for New Zealand: If Māori taonga are similarly exploited, the financial loss to New Zealand could be catastrophic. For instance, without strong protections, the haka or marae carvings could become cheap souvenirs controlled by overseas corporations. This would devalue our cultural assets, damage our international reputation, and deprive Māori and New Zealand of billions in potential earnings.
The Case of Manuka Honey: A Lesson in Lost Opportunities The failure to protect Māori intellectual property is not hypothetical; it has already happened. Manuka honey, a taonga derived from Māori knowledge, has been trademarked overseas and is now produced and marketed without proper oversight. This has led to:
- Dilution of Value: Foreign companies producing substandard or fake
- “Manuka honey” have flooded the market, undermining the reputation of New Zealand producers.
- Lost Earnings: New Zealand has missed out on billions of dollars in potential income as foreign companies siphon profits overseas.
- Government Inaction: Despite the clear link to Māori knowledge, the government has done little to protect Manuka honey under Te Tiriti o Waitangi. This bill risks repeating this pattern by failing to secure robust
protections for other taonga.
Ownership of Taonga: A Global Threat
The commercialization of Māori taonga is not inherently bad—when done responsibly, it can create jobs, foster innovation, and drive economic growth. The problem lies in uncontrolled commercialization, where the financial benefits are syphoned off by foreign entities.
- Overseas Ownership and Control: Without robust legal safeguards, companies or individuals from overseas could trademark and exploit Māori cultural elements. For example, a foreign corporation could mass-produce Māori carvings, claim ownership of traditional songs, or even commercialise the haka.
- Economic Drain: These practices would shift the financial benefits of Māori culture to unknown corporations in other countries, leaving New Zealand with diminished resources and reduced economic opportunities.
Yet another badly conceived and unexpected consequence of this proposed legislation.
AI and the Theft of Taonga in the Digital Age
AI introduces a new and urgent threat to Māori taonga and the rights of all New Zealanders. Generative AI systems, including large language models (LLMs), can extract, reproduce, and commercialise cultural and
intellectual assets without proper recompense.
- Cultural Theft: AI systems could appropriate Māori language, stories, and traditions, embedding them in products or services without recognition or compensation to Māori communities. This digital exploitation mirrors the theft of physical taonga, but on a much larger scale.
- Breach of Copyright: These systems are trained on data sourced
without consent, raising serious questions about copyright and ownership. This affects not only Māori but every New Zealander whose intellectual property or personal data is used without permission.
- Barriers to Justice: The legislation’s narrowing of Te Tiriti principles
shows absolute ignorance of the modern world and lacks any vision.. This proposed legislation makes it harder to hold such companies accountable in court, as it limits the framework for asserting Māori rights and protecting cultural and intellectual assets.
Economic Risks to New Zealand
The financial impact of this legislation extends beyond Māori communities, affecting all New Zealanders:
1. Tourism: With a $37.7 billion contribution to the economy, the tourism industry depends heavily on authentic Māori cultural experiences. The commercialization of taonga by foreign entities would devalue these
experiences, reducing New Zealand’s appeal as a destination.
2. Exports: The erosion of control over taonga like Manuka honey demonstrates how poorly managed intellectual property can lead to lost revenue and market damage.
3. International Reputation: Allowing the unchecked exploitation of Māori culture would harm New Zealand’s global standing as a nation of integrity and innovation, making it less attractive to investors and
partners.
A Call for Visionary Legislation
I urge Parliament to reject this poorly conceived Treaty Principles Bill and to replace it with legislation that:
1. Protects Māori Taonga: Establish robust legal safeguards to prevent exploitation and ensure that Māori treasures remain under the control of Māori and New Zealanders.
2. Addresses the Challenges of AI: Introduce clear guidelines and protections to prevent AI systems from exploiting cultural and personal data without proper consent or compensation.
3. Ensures Economic Equity: Craft policies that ensure the financial benefits of taonga and other resources remain in New Zealand, supporting our communities and future generations.
I Stand With My Ancestor in the Vision of a Prosperous and United Aotearoa. In the spirit of Tāmati Wāka Nene, I stand with his vision of partnership and protection, where Māori and Pākehā work together to safeguard the land, resources, and cultural heritage of New Zealand. This bill, in my view, dishonours that legacy by failing to protect what makes New Zealand unique and valuable.
I respectfully urge you to reject this legislation and instead pursue policies that secure our cultural and economic future, ensuring that Aotearoa remains a place of unity, innovation, and prosperity for all who
call it home.
A Rangihana
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