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. 20 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

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