Alternative Māori approaches to accountability
Another way of thinking of effective accountability
is through what encompasses kaupapa. While
addressing kaupapa in its particular context, as
is also essential with tikanga Māori, kaupapa
can be considered in relation to kawa. Rev.
Māori Marsden49 describes kawa as having strict
rules applied to its application with any mistake
considered a transgression. He defines kaupapa as
“ground rules, first principles, general principles”
and compares the term with tikanga, which he
defines as “method, plan, reason, custom, the right
way of doing things”.50 Marsden describes kaupapa
and tikanga as juxtaposed and interconnected in
Māori thinking and describes customary sanctions
as being part of tikanga Māori. While kawa is often
considered as an immutable ritual and therefore
without flexible application as with tikanga,
consideration of kaupapa and kawa enables a
review of alternative Māori perspectives and how
the terms have been used at the marae level. In
addition, some hapū/iwi hold differing customary
practices, but the two practices may be understood
as mutually reinforcing. The adoption of a kawa
approach merits inclusion and exploration to
establish in future structural change, particularly in
the context of what is negotiable and what is nonnegotiable.
Whakapapa (as aforementioned) is another
concept that is relevant to tikanga, kaupapa
and kawa. Whakapapa ties Māori to place and
environment, to all things, encompassing mauri
and wairua dimensions. Although the Kāwana may
not consider whakapapa as part of accountability
in its practice, this term along with others
previously identified are integrated in the practice
of effective accountability in Te Ao Māori sphere.
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The tikanga Māori system is based on long-term
community testing, and over that time, it has
become intertwined in Te Ao Māori culture.
In addition, ‘whati tikanga’ is the term used when
tikanga has been transgressed and the breach is
identified. While the breaches of accountability
by the Crown have been observed in Te Ao Māori
spheres, there are examples where whānau/
hapū isolation and disconnection and social and
cultural responsibilities have been weakened by
the intergenerational trauma of colonialism. This
is an aspect that can be addressed through tino
rangatiratanga – Māori working for Māori.
A further extension of accountability concepts is
the term ‘kaitiakitanga’. This can mean trustee,
guardian, and caregiver, but it is important in
conjunction with tikanga and other concepts
in the sphere of responsibility, obligation, and
accountability. For instance, it is an obligation
resting on each individual and all as a community
to care for and nurture the whenua, and this
obligation remains whether the land in the relevant
context remains as Māori land or has been
surveyed, bought, and sold many times. The health
of the whenua is part of ancestry, whakapapa and
thus also part of the future. The Waitangi Tribunal
had this opinion: “Kaitiaki is a community-based
concept … The responsibilities come with the
whakapapa of tangata whenua and the kinship
bonds which give rise to reciprocal obligations.”51
How the concepts such as kaitiakitanga,
whakapapa and the customary practices of tikanga
Māori and kawa work together will depend on the
context.
Te Kāhui Tika Tangata New Zealand Human Rights Commission Housing Inquiry