Digging in to Te Tiriti o Waitangi

a young man walks across a field. Rain clouds scud across a dark sky.
Ka mua ka muri

This post seeks to answer some questions from the learning I am doing through Tātai Pūmanawa. I will always have the voice of my friend and colleague Maria Tibble in my mind as I consider Te Tiriti o Waitangi and what it means to me, the people with whom I work and the way that I interact and live my life in Aotearoa, New Zealand. I can feel her looking over my shoulder, I can picture her smile and hear her voice. Her passion was infectious. So, I will try to honour her as I grapple with the questions and my jumbled thoughts.

Who would hold power after the Treaty was signed?

It seems clear from the articles of Te Tiriti that power would be shared equally; Kāwanatanga, Rangatiratanga, Ōritetanga but if we look at the history of colonisation by Britain, it is clear that the aim was to extend or retain its authority over other people or territories. The aim may have been initially to open trade opportunities but Britain also sought to benefit from the countries it colonised. The underlying sense of superiority that the British had contributed massively to the way that Māori and other indigenous populations in Australia and Canada were treated. The Church which had a powerful presence in Europe, it was at the cutting edge of colonisation across the world and it contributed and legitimised the actions of colonising powers. In “Healing our History” (Consedine & Consedine p.68) there is a quote from a J.M. Blunt; “A missionary might have great love and respect for the people among he or she worked, but would not be expected to believe that the culture and mind of those non-Christians was on a par to that of Christian Europeans.” Whilst the negative impact of colonisation on indigenous populations had been recognised in Britain, and ideas were beginning to change about colonisation the need to protect trade and British economic interests was stronger.

With those mindsets, how could the idea of shared power ever become a reality?

from Healing our History; The Challenge of the Treaty of Waitangi
Robert Consedine & Joana Consedine

Did the Treaty create new rights for Pākehā people? Did it create new rights for Māori people?

‘New rights’ or any rights? In theory, Te Tiriti formalised or set out a framework for governance and the way that Māori and Pākeha lived together with shared rights and responsibilities. In theory all Māori men had the right to vote by 1867, in practice there were so many conditions that they couldn’t. As long as Māori were seen to be inferior in terms of their intellect, their ways of interacting, working, living, communicating, their beliefs then their rights would be compromised.

What important things does the Treaty say Māori will keep?

Rangatiratanga: Māori would maintain independence and control of lands and all that is important to them. My interpretation of that would be that Māori maintained their taonga – their language, culture, stories, tikanga, beliefs and the values upon which their way of life was based.

However, in 1907 New Zealand government passed the Suppression of Tohunga Act which banned Māori traditional healers and religion. This Act meant that Māori knowledge with respect to medicine, the environment, the arts and links between spirituality and secularity was disregarded and not recognised. It was not repealed until 1962. This sort of approach amounts to systematic cultural genocide. George Tinker, American historian suggests this as a definition for cultural genocide;

the effective destruction of a people by systematically destroying, eroding or undermining the integrity of the culture and system of values that defines a people and gives them life.

What impact did the population of Pākehā and Māori have before and after the Treaty was signed?

At the time of the signing of Te Tiriti o Waitangi, Māori outnumbered Pākeha by 200,000 to 2,000. The Māori economy was strong, communities flourished, traded internationally and had a sophisticated socio-economic system. Following the signing of the Treaty immigration to Aotearoa, New Zealand boomed. The conditions that ensued, the way that Māori were treated and the impact of that on their way of life, their economic status, the diseases that were imported with the new settlers to which Māori were immune all led to a steady decline in the population.

Linda Tuhinui Smith says in respect to the promises that were not kept by the colonisers which were enshrined in Te Tiriti o Waitangi;

“Indigenous populations may have survived colonisation but the impact on their social, political and economic systems is huge.”

a collage of two photos. One of the carved entrance way to a Pā sute, the other are the words inscribed on the inside of the gateway.
Entrance gate to Rangiriri Pā “Without vision the people will perish” Kingi Tāwhiao

Is partnership the same as collaboration? Or consultation? What could Tiriti based partnership look like at CORE?

I believe that partnership means that we have a shared understanding of what our vision for the way our world should be and the way that we interact within it. When I think about my conversations with Maria I remember her fierceness and her absolute belief that her mokopuna should live in a world that recognised – not just recognised, celebrated, respected, revered and absolutely empowered them to know their whakapapa, to practise their beliefs, use and develop their language, to reach their potential and go beyond it. But she was also open to seeing things from different perspectives and acknowledging that the history of Aotearoa, New Zealand is a shared history. We shouldn’t blame the descendants of settlers for the wrongs their tipuna committed. We should encourage them to know the real history of Aotearoa, New Zealand, support them in understanding what happened and why and empower them to own the history. Vincent O’Malley says in the foreword of his book, The Great War for New Zealand, that the stories need to be told and heard if we are to reconcile ourselves with the past, we need to understand it and freely acknowledge it so we can move forwards.

The Waitangi Tribunal commented: “While only one side remembers the suffering of the past, dialogue will always be difficult. One side commences with anger and the other side has no idea why. Reconciliation cannot be achieved by this means.”

For us at CORE and indeed in all our kura and our nation as a whole, we can only work in true partnership if there is recognition, acknowledgement, empathy, understanding and forgiveness of what has happened in the past so we can learn from it and move into the future together.

Further questions I am still pondering;

If we are thinking about working in partnership with tangata whenua, ask yourself what you might know about tangata whenua. Does your own world intercept with the Māori world? If so, to what extent? What is Māori ‘worldview’? What is different about Māori culture to your own culture? If your culture was a ring, and te ao Māori was a ring (picture a venn diagram) how would the two worlds meet?


Notes on Creative Commons & Open Licensing

IMG_20181024_230923_689

If we look carefully at the Values and Vision in the New Zealand Curriculum we see that inquiry & curiosity, equity, community, sustainability, integrity, respect – all fit perfectly into the values of the Open Movement – the idea of collaborating on projects, sharing resources, crowd-sourcing and drawing on the expertise of each other.  The Key Competencies also fit well especially participating and contributing as students learn to be effective and positive citizens. The Vision – totally fits! So many parallels! Members of communities, making informed choices, effective users of communication tools…..

If we are really working to develop these values as students go through school then we have to include a fluency around referencing, acknowledging other people’s work, giving credit and showing gratitude as well as being generous with our own IP.  It should be easy to marry up the principles, values and vision of the NZC and embed good practice and understanding around the Open Movement and Creative Commons.

Using information we find in different websites is OK as long as we acknowledge where we found it and credit opinions and ideas to the person who wrote them.  It is important to check what restrictions an author/creator has put in their work. The information should be somewhere on the website. If it isn’t, don’t just assume that you can use it.  If is says that you should seek permission to use the work, then that is what you should do.

Learning how to reference is another thing, but Google makes it easy. Doesn’t mean we shouldn’t think about why we need to do it and examine the process. Give credit where credit is due, respect others and my additions – show gratitude!

“Respect and acknowledge the work’s creative heritage, as well as that of the creator, and always, always give attribution.”

Intention: critical creativity in the classroom Amy Burvall & Dan Ryder

YarnBombed Bicycle

YarnBombed bicycle by Anne Robertson CC-BY

Quotes provide short sharp commentary that you can talk to but are easy ‘take aways’ for participants. They are also a great way to link to research. But keep them short – choose the bit that really captures what you want to say. The referencing should be specific e.g. chapter/page so participants can find it easily later in context.

NZGOAL is guidance for agencies to follow when releasing copyright works and non-copyright material for re-use by others. It aims to standardise the licensing of government copyright works for re-use using Creative Commons licences and recommends statements for non-copyright material.  NZ Health Research Strategy, 2017 – 2027. Action seven says that “The Government will ensure that… policies support open access to research findings.”

 

Current employment law means that the Intellectual Property on anything a teacher creates whilst in employment belongs to the employer i.e. the Board of Trustees. This means that our teachers, by sharing their work and by taking it with them when they leave a school, are technically going against the law. The reality is that we all share, we are encouraged to share, it is good for our profession, for our professional learning and for the school when teachers share resources.  Adopting a Creative Commons Policy means that the BoT, as employer, says – we, the BoT still own the IP for works you create but we recognise the work that you put in, we appreciate it and we encourage you to continue sharing and creating, but if and when, you leave the school, you have to leave a copy of all you do with the school but please feel free to take anything you have created with you.

Adopting a Creative Commons Policy in your school – presentation for BoT & SLT

Adopting a Creative Commons Policy in your school – notes for NoT & SLT to go with presentation

Template Intellectual Property Policy for schools

Paula Eskett posed this question to us last year as part of a proposal for the CC Global conference.

An observation as a relative newcomer to the CC and Open movement is that much time, energy and resourcing is put into backfilling people with the understandings and raison d’etre of the Open movement. What if instead, we used existing national education curriculum frameworks and embedded the principles, potential and possibilities of Open and Creative Commons into a student’s learning and thinking through that framework? My proposal is to look at New Zealand’s Curriculum Framework – NZC. Instead of backfilling adults, let’s start preloading our tamariki (children) and have their graduate profile (when they leave school) include; contributing, collaborating and creating and SHARING new information and resources as their business as usual.

My observations in no particular order – in addition to my thoughts above, just as they came to me, are these…

The struggle often with teachers is that they have gathered bad habits around the use of media which is on the internet – the horse has metaphorically bolted as teachers have made use of photos, videos, music on the internet, overwhelmed by what is out there. There is also a lack of clarity around what they can use and what they can’t.  It was quite clear cut with books, magazines and even videos to a certain extent. Most had a copyright notice in the front plate or on the package. The internet seems to be a place full of free stuff. And to be fair, the people that put stuff there didn’t necessarily think about the ramifications of intellectual property either.  For many of our teenagers it may not be too late but it is hard to convince them that they can’t use everything out there and they should seek Open Resources or at the very least reference accurately. It is just too hard – especially when many of the images they get are from curation sites such as Pinterest, Scoopit which have no referencing protocols.  I remember asking kids when I was teaching about where they get their images for presentations and their response was, “Well if people put it there, they must want us to use it, so why shouldn’t we?” It’s a hard observation to respond to when all they have known is a plethora of media out there for them to consume. How do we get them to become critical, considerate, grateful consumers of media? Even better, how do we encourage them and teach them the skills to be creators of media with a good understanding of their own rights as authors, artists, musicians, filmmakers?

Primary school kids are the target audience but teachers also need to have understanding if they are to teach good practice – how do we do that if we accept that backfilling is too hard?!

Teachers are used to using resources that they are allowed to use in an educational context e.g. films, music but which cannot be used in the public domain. Currently not many reference those resources and don’t model good practice. A good example came up on the Teacher Primary School Facebook last year – a discussion about showing videos at camp and at the end of the year for relaxation – the rules are quite clear about the use of films – they have to be for an educative purpose…so, if you can make filling in time or reward for hard work or entertainment at camp fit an educative purpose then, all good! They also can’t be shown in an environment where there are members of the public – a camp with parents could be argued to be a public place, with a public audience.  I don’t think we need to be all moralistic about it but conversations need to be had.

Many teachers I have spoken too also don’t understand the concept of making their work freely available and are even opposed to giving away their work. Sites such as Teachers Pay Teachers encourage teachers to sell their work and buy other teachers’ resources. Understanding around intellectual property of resources created by a teacher whilst in full time employment is very poor.  Just have a look at the threads on the Facebook Teachers’ Primary page!! (not sure how many times I have had to weigh in and explain again …) Lots of indignation about the work they have put in and how it should be theirs to do what they want with. The message is slowly getting out there that a CC Policy is the way to go – the last time the question was raised two or three other teachers mentioned it whereas a few months ago I was the only one!

Academics in universities also have limited understanding of Open Resources and are fearful that their work will be ‘stolen’ if it is not copyright. (My hubby’s input – he works in a Uni). There is also a perception that ‘free’ has less worth (!?)

Amy Burvall has this to say (see below) about creating, acknowledging those who have come before and ownership of creative works. They are all derivatives, we all use other people’s ideas to spark our own and we build on them. That’s why working collaboratively is so effective. But we should always acknowledge the other voices that contribute to our creative works.

Resources

http://creativecommons.org.nz/ccinschools/

http://creativecommons.org.nz/licences/licences-explained/

http://resources.creativecommons.org.nz/all/?&topic=schools

Unsplash

Creative Commons

PhotosforClass

 

Nethui 2017

Collage 2017-11-14 14_13_23
I had the privilege of participating in Nethui 2017 in Auckland last week. I haven’t been to a ‘full’ Nethui before although I went to the regional roadshow in Rotorua last year. I believe that this is the best value for money, most enriching conference I have been to for a long time. I think it is because, although I love teaching, teachers and the education world, we can sometimes become wrapped up in it and forget that there is a real world out there too. According to the conference website;
“NetHui brings everybody and anybody that wants to talk about the Internet together. We’re not a conference and speakers won’t talk at you all day. NetHui is a community event – made for the community, by the community.

Participation and collaboration are at the heart of NetHui. The programme isn’t decided by InternetNZ – it’s designed by the community. NetHui is about issues that actually matter to your community.”

Given the political climate at the moment the theme of “Trust and Freedom on the Internet” was entirely apposite.

Here is a Wakelet of the tweets interspersed with a few of my own comments.

Welcome to a bi-cultural Aotearoa

180_HCC_Citizenship_28Jul17.JPGTwo weeks ago my family and I became New Zealand citizens.  We came here 10 years ago this coming January from the UK. Why did we choose New Zealand over any other country? Partly because Nigel lived here 40 years ago when his parents emigrated from Scotland when he was 2 years old. He went to primary school here and his brother was born here.  Although they went back to Scotland when he was 8 years old, by that time his Aunties had come out and so we have some relatives here and a strong connection with the place.  Partly because it is an English speaking country so the boys and Nigel wouldn’t have to cope with learning a new language (our other option had been France). Partly because we are adventurers!

We came for a holiday in 2005 with our boys and we were struck by the beauty of the landscape, the open spaces, the lack of traffic on the roads…. Careful not to be swayed by the rose tinted glasses of being on holiday, we tried to look beyond the veneer as we travelled and considered whether NZ was a place we could live in.  As a traveller and a linguist, I am fascinated by language, culture, customs and people and how they interrelate.  I was fascinated by the fact that Aotearoa is a bicultural country with three official languages. Although I was struck early on by the lack of visibility of Te Reo; apart from a few signs at the airport saying Haere mai, Kia ora, Haere ra, images of the All Blacks performing the haka, Māori patterns and carved pou, there is little beyond that to indicate that the Māori language is living and breathing in all facets of the country .

Over the last ten years, I have learned a lot. I have made every effort to find out more about Māori tikanga (customs), and learn Te Reo Māori. It is hard. Not like any other language I have learned. Mainly because so many of the words have multiple meanings depending on the context. It is heavily nuanced and spiritual.  I think to learn it you really need to be immersed in the language and the people.  I am surprised as I learn about the pronunciation of the words, how badly the general populace articulates place names such as Taupō, and how they refuse to accept the Māori names of places they have long known in English such as Taranaki (Mount Egmont).  Places whose names were changed when Europeans came to Aotearoa and settled here.  This is because they have been mispronounced for so long that people believe that the way they were brought up pronouncing them is the correct way.  However, there is a growing awareness of the language and how words should be pronounced and I hear that on the radio, on TV and amongst my friends and colleagues.  I also know that many resist!

As an educator, I am encouraged to recognise diversity and respect the bi-cultural nature of Aotearoa.  For the last two years, I have been lucky enough to work for a company that values the language and the tikanga, celebrates what everyone brings to the table and promotes cultural responsiveness.  I am learning more language, developing a greater understanding of tikanga (though I have so much to learn) and  I am learning more about Te Tiriti o Waitangi and how it represents a partnership between Māori and Tou Iwi (other people).  A responsibility to recognise the values that all cultures bring to the rich tapestry of Aotearoa.  The articles are:

A1. Kāwanatanga
Honourable Governance: the right of the British to govern

A2. Rangatiratanga
Māori Retaining Agency, Voice, Choice
the right of hapū to retain sovereignty

A3. Ōritetanga
Equity: the guarantee that Māori would have the same rights as others

A4. Tikanga, Ahurea, Whakapono
Cultural & Spiritual Freedom: Māori customs shall be protected (the spoken promise)

Image of an original version of  Tiriti o Waitangi -it is an old, yellowed document with maori text By Archives New Zealand from New Zealand (Printed Sheet, Te Tiriti o Waitangi) [CC BY-SA 2.0 (http://creativecommons.org/licenses/by-sa/2.0)], via Wikimedia Commons

So, back to our citizenship ceremony. This was our official welcome to the country we have chosen to call home.  We dressed in our best clothes – I got the boys “Robertson” ties to reflect their Scottish heritage (we thought about kilts but it was just too expensive!), took the day off work and school, planned a celebration (at the behest of friends – any excuse to party) and turned up at the Pavilion in Hamilton Gardens.

It was pleasant enough – 132 people representing 22 different nations, all seeking to become NZ citizens. We recited our affirmation of allegiance together and then one by one, family by family, received our certificates from the mayor and a Kowhai sapling to plant.Bright yellow flower formed like elongated bells

What was missing then?  Any indication that we were becoming citizens of a bicultural country.  Oh, apart from a bit of tokenism.

Neither the MC, nor the Mayor, nor the Member of Parliament who spoke to welcome us after we received our certificates of citizenship made any attempt to use any Reo Māori.  The Kaumatua seemed to have been ‘wheeled’ in to fulfil the niceties of the occasion but it was shallow and meaningless. How can officials of our bicultural country, a country which has at its basis a partnership, hold an important ceremony in which they fail to even use the most basic words of one of its official languages?  Our Member of Parliament even made reference to the diversity of the country and how all cultures were welcomed and recognised. He even urged those 22 different nationalities to hold on to their customs and languages, to keep our identities, hold on to our whakapapa (though he didn’t use that language). He went as far as stressing that our language is an essential part of who we are.  Yet he didn’t use Te Reo Māori, he didn’t even make reference to the Māori name of Hamilton, Kirikiriroa, as he welcomed us.

I left feeling a little empty and quite angry. Maybe I expected too much. From the land where the Haka is performed with such pride and gusto at every international rugby match, a visible and very physical representation of Māori-ness to the world.  I have grown used to Pōwhiri, to waiata, to karakia. To the warmth and richness of celebrations and welcomes in schools I have been a part of and that I have visited. I have been privileged to have been welcomed on to Marae as I have travelled the country, to have been welcomed into communities with warmth and friendship.  Our citizenship ceremony lacked that warmth, that true welcome, it lacked a bi-cultural depth.  It felt like it was a ceremony that goes through the motions – well oiled, smoothly executed. But it didn’t really seem like it was all about he tāngata, he tāngata, he tāngata.  It was Hamilton’s opportunity to show how important it perceives Te Tiriti to be as a guiding document and a way of living in partnership. To exemplify what partnership is to 132 people who have chosen to live in a bicultural, multicultural country. I don’t feel that it did that.

However, we do feel that we belong…we have been welcomed by friends. colleagues and whānau ever since we arrived here 10 years ago, so maybe we should put the ‘official’ welcome in context.  This whakatauki talks of Turangawaewae, of belonging.

E kore au e ngaro, he kākano i ruia mai i Rangiātea

I will never be lost for I am a seed sown in the heavens