Saturday, November 22, 2014
Wednesday, November 19, 2014
COMBINED CONCEPTS
Under tikanga there are many combined concepts that help us make sense of the universe and better manage our place in it.
They often come in pairs or other
multiples, and well known examples include tika
pono and aroha, te iti me te rahi; and
most fundamental, mana and tapu.
The
Rev. Maori Marsden, in his article `God,
Man and Universe: A Maori View', defines
mana in its double aspect of authority and power as 'lawful permission delegated by the gods to their human agents and
accompanied by the endowment of spiritual power to act on their behalf and in
accordance with their revealed will'. This delegation of authority is shown in
dynamic signs or works of power.
He
also warned: Authority and power in this
sense must be clearly distinguished since it is clear that to exercise
spiritual power outside the limits delegated is to abuse the gift, and results
either in its withdrawal or in that power running rampant and causing harm to
the agent and others.
He
then used a beautifully simple analogy to make the distinction clearer. A person approaches a traffic crossing and
the lights turn red. He has power to cross but no permission. The lights turn
green but his car stalls at that moment. He has permission to cross, but no
power. His car starts and the lights remain green. He now has both authority
and power to proceed
Another set of combined concepts that has become
increasingly important for us to understand are those of takohanga and kaitiakitanga. The meanings of these two words encompass,
but are not limited to, what the English call responsibility and
accountability. Without understanding
these concepts, I would have been prone to believing the lie that Kawanatanga
and Corporate agencies are responsible for everything, but accountable for nothing.
In a recent example of this lie, a murderous
paedophile was released from prison on unsupervised parole, and was then
enabled by Corrections, Police, Internal Affairs, and Customs agencies to escape to
Brazil. The resultant duck-shoving and
buck passing from these agencies’ leaders is the complete opposite to
Rangatiratanga.
So too is the behaviour of Corporate leaders who, having
admitted to fraud, don’t offer to repay a single cent to their investors, but
do instruct their lawyers to appeal the severity of their sentence. Kei hea te kaitiakitanga?
Similarly oppositional to Rangatiratanga is the behaviour
of Iwi
Corporates who try to usurp mana whenua and kaitiakitanga from whanau
and hapu, and then place those combined concepts under the power and authority
of the Kawanatanga. Kei hea te
takohanga? We may delegate it from time
to time, but we will always remain accountable.
An understanding of these universal truths can be taught to
our uri in all places, times and things.
But in my experience whanau and hapu councils are the best place to
teach them, and the many combined concepts that exist and operate under tikanga help us
to do that.
Saturday, November 15, 2014
TIKANGA OUTCOMES
Tikangā is a body of God-given concepts and practices
designed to uphold te ihi te wehi te mana te tapu me te mauri o nga tangata me
te ao, and it is based on the fundamental principles of tika, pono aroha.
Whenever any one or more of these principles is not
present, or is in conflict with another, there is a violation. Under tikanga, the ideal outcome to heal any
violation is hohou-i-te-rongo, a reconcilation based on restoration of both the
victim and the violator to a state of toiora.
I was once asked to
facilitate a hui between a whānau where a wife had died and her estranged
husband had returned to live in the home he’d built and paid for on her whānau
land. Her whānau wanted him off their
land entirely, and he wanted them out of his house completely.
It quickly became clear
that the whānau were there through heke tika (birthright), while the husband was there because he and his late
wife had once loved each other enough for her to bring him on to her land, and him
to build her the house. But pono did not
seem to be there at all, and so the two parties were at each other’s throats.
Finally, the wife’s
brother stood up and told everyone off to a standstill for what each had
contributed to the conflict. He even told
me off just for being there. We could
tell he was wild that he had to say these things. But, most importantly, we all knew pono was
in the house!
Straightaway the dynamic
of the hui changed and that whānau were able to hohouterongo themselves.
An alternative tikanga
outcome to hohou-i-te-rongo is muru, which can be likened to restorative
justice based on redistribution of assets.
In another case, two
teenaged boys stole from their grandparents, and when confronted by their koro,
they’d shoved and threatened both him and their nanna with even worse violence
if he didn’t shut up.
At the resultant hui
there was pōkēkē me pōhēhē aplenty from the boys and their whānau supporters,
but no evidence of tika pono or aroha from beginning to end. It was clear that hohouterongo was just not
going to happen.
Finally, the whānau supporters of the grandparents appointed
a taua
which went to the boys’ house to perform the muru. Ironically, the boys’ father called the
police and his sons ended up being convicted in the Kawanatanga court on assault
and theft charges.
When violators refuse to
live or abide by tikanga, the only alternative is the lower laws of the
Kawanatanga which can punish them, but will never heal their violation or restore
them and their victims to toiora.
Tuesday, November 04, 2014
RANGATIRA RESPONSES
One of the
realities of living under tikanga
is that for every violation of mana
there needs to be a relevant Rangatira
response to redress the resultant imbalances in te
tapu i te tangata me te mauri o te whanau, hapu, iwi.
Some recent
cases highlight how tikanga administered by Rangatiratanga
can play out in redressing those imbalances, either on its own or in tandem
with statutes administered by Kawanatanga.
In the first
case, last month an iwi leader facing charges for alleged sexual abuse of a
young girl under the age of 12 was publicly named.
He has
pleaded not guilty, and under both Kawanatanga statutes and Rangatiratanga tikanga,
is entitled to be deemed innocent until proven guilty. But, apart from that important commonality,
the two systems are very different.
For example,
unlike western justice,
tikanga is not blind. So once the
accusation was made known, the status of both the alleged abuser and victim changed,
and no-one could carry on as if nothing had happened.
Also, because
it is a higher law
than statute, tikanga must protect the alleged victim from further potential
abuse, and her peers from even the possibility of abuse. So, for his own sake and that of all
tamariki, rahui must be put in
place that ensures the iwi leader is not left alone with or in charge of
children, especially those under the age of 12.
Placing and
enforcing rahui is mahi
mo nga Rangatira at all relevant levels; whanau, hapu and iwi. How he responds to it will define the iwi
leader’s place on the Rangatiratanga response scale now and in the future.
In a second
case, the
father of a murder victim stood in the Kawanatanga Court, forgave his
son’s murderers, and sought mercy for the men who had so terribly violated te
tapu i te tangata me te mauri o tana whanau.
I cannot imagine the depth and breadth of the journey undertaken by this
father to reach that point. But in the
context of Rangatiratanga, his response registers at the highest levels.
In a final example, this Wednesday Chris Finlayson will compound
the Crown’s historical thefts
of Ngati Kahu whenua with the introduction into the Kawanatanga parliament of
the Te
Hiku Claims Settlement Bill which punishes Ngati Kahu for not
letting him dictate what their settlement must be.
Ngati Kahu’s response is already underway on the political
and legal fronts and is being backed up by he mahi Rangatira.
To return to the first case, the responses to it have mainly
ranged from discomfort and embarrassment, to anger and grief; and yet shock and
disbelief – not so much. Where do any of
these register on the Rangatiratanga scale? Under tikanga, unless they are backed up by he mahi
Rangatira, they all register a big fat 0.
Because the key to a Rangatira response is always going to be he mahi
Rangatira i runga i te tikanga.
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