Ka Mate and the protection of taonga Māori: Evaluating the Taonga Record Framework as a tikanga-based framework for the protection of Māori knowledge and culture

Abstract In 2011, the Waitangi Tribunal, a permanent commission of inquiry into Crown breaches of the Treaty of Waitangi, recommended reforms to Aotearoa New Zealand’s intellectual property law to recognize Māori authority over mātauranga Māori (Māori knowledge) and taonga (culturally valuable objects). This article uses the case of the haka Ka Mate to argue that the Government’s failure to respond adequately means that Aotearoa New Zealand’s intellectual property system still fails to protect mātauranga Māori and taonga sufficiently. It highlights the limitations of existing statutory mechanisms and the delays in the Māori-Crown work program to respond to the Waitangi Tribunal. The article endorses the Taonga Record Framework, a tikanga Māori-based (Māori customary law) sui generis model, as a culturally grounded and legally viable means of safeguarding taonga and kaitiaki (guardian) relationships. It assesses its potential to support tino rangatiratanga and provide a basis for future law and policy reform.