Lecture 7: Kaitiakitanga Flashcards
(32 cards)
What is the meaning of whanaukataka (or whanaungatanga) in te ao Māori?
Kinship and kin-like connections that create reciprocal obligations between people, the environment, the cosmos, and the spiritual realm
In te ao Māori, are obligations seen as burdens or desirable?
Desirable; fulfilling obligations leads to rights
What role does whanaukataka play in the Māori legal system?
It is the core of the Māori legal system, requiring reciprocal obligations to others and the natural world.
Can whanaukataka apply to non-kin relationships?
Yes, where there is reciprocity and understanding of tikaka, kin-like relationships can form.
What does whanaukataka require when wrongdoing occurs?
Collective responsibility for individual wrongdoing.
Is whanaukataka a one-way or two-way relationship?
Always a two-way relationship.
What is a kaitiaki?
A guardian, which can be a person, creature, object, or metaphysical being.
What does kaitiakitanga involve?
Protective duties to people, the environment, and the kinship network; nurturing and safeguarding mana.
Kaitikitanga often concerns…
the natural environment and management of resources
How was kaitiakitanga understood in older tradition?
Creatures were considered kaitiaki, and humans were responsible for preserving their mana.
Is kaitiakitanga the same as having the authority to make all decisions?
No, it is a duty to act and can be an exercise of someone’s mana, not absolute decision-making power
Harm to a person is harm to…
the kinship network of that person e.g. harm to a river is harm to the whakapapa that associate with that river
What does being a kaitiaki of a place involve?
Obligations to the people of that place.
What did Wai 262 define kaitiakitanga as?
“The obligation arising from the kin relationship to nurture or care for a person or thing.”
How did Wai 1071 describe kaitiakitanga?
Mutual nurturing and protection of people and the natural world.
What is manaakitanga?
The duty of care to all parts of the whakapapa, nurturing the mana of people and the environment.
How does manaakitanga relate to leadership?
A leader’s mana is demonstrated through their ability to manaaki (care for others)
What is the difference between manaakitanga and kaitiakitanga in practice?
Manaakitanga might allow fishing as an act of care, while kaitiakitanga might restrict it to protect the ecosystem.
What principle do both manaakitanga and kaitiakitanga support?
The satisfaction and balance of utu (reciprocal balance and justice).
How should tikaka Māori law be understood?
As an indivisible system of interlocking principles (e.g., whanaukataka, mana, tapu, noa, manaakitanga, kaitiakitanga).
Can you isolate one tikaka principle to assert a right?
No, it is not tika to use one principle in isolation to assert or defend rights.
What is a key feature of tikaka Māori law?
It is a system of accountability, where process matters.
Who does tikaka Māori law belong to?
The collective, not the individual.
What was the general basis of the Lake Horowhenua law case?
there was a request to the court to declare that this land (the lake) was a wahi tapu
