Showing posts with label Te reo. Show all posts
Showing posts with label Te reo. Show all posts

Monday, 26 August 2013

Maori Quant Analysis - Dr Winifred Bauer

Dr Winifred Bauer

Teaching Fellow
Te Kawa a Māui
winifred.bauer@vuw.ac.nz
Phone: 04 463 5469
Location: Room 211, 50 Kelburn Parade, Kelburn Campus
Dr Winifred Bauer

Qualifications

MLitt, PhD Edin, MA Auck, DipTESL

Profile

Winifred Bauer is a New Zealander descended from some of New Zealand's earliest British settlers and was born in Gisborne. After graduating from the University of Auckland with an MA in English Language and Literature, Winifred Bauer took up a Junior Lectureship at the English Language Institute at Victoria, where she obtained a DipTESL. She then pursued postgraduate study in Linguistics at Edinburgh University, with an MLitt thesis on an aspect of English grammar.
During a further year at the English Language Institute at Victoria in 1974, she began to learn Māori. This provided the inspiration for a PhD thesis entitled Aspects of the Grammar of Māori, written over several years while she taught English Language and Linguistics first at the University of Newcastle upon Tyne, and then at Odense University in Denmark. Her research into te reo Māori has continued throughout her sporadic academic life. For many years, she tutored in Linguistics at Victoria, and she has been a contract lecturer at Te Kawa a Māui since 2003.

Current Research Projects

  • Analysis of change in use of the Māori post-head particles over time, based on transcripts from the MAONZE project and two other small corpora.
  • Verb concatenation: gathering data for a study of classes and ordering of concatenated verbs in Māori.

Research Interests

Winifred Bauer is not currently employed by the university to undertake research. Nevertheless, she continues to take an active interest in all aspects of the Māori language and New Zealand English. From 1999-2001 she worked as research assistant on a project supported by the Marsden Fund investigating dialect differences in the playground English of New Zealand school children (based in the School of Linguistics and Applied Language Studies) which led to a significant body of publications.

Achievements and Awards

  • Invited keynote speaker at the Austronesian Formal Linguistics Association XIV Conference, Montreal, May 2007
  • Claude Macarthy Fellowship, 1995
  • J.D. Stout Research Fellowship, 1990.

Selected Publications

Winifred Bauer's most significant publications relating to te reo Māori include:
  • Is the Health of Te Reo Māori Improving? Te Reo, 51: pp. 33-73, 2008.
  • Māori. In Brown, E.K. (ed.) Encyclopedia of Language and Linguistics 2nd Edition, Vol 7 pp. 482-3. Amsterdam, London: Elsevier, 2006.
  • Actor Emphatic Sentences in Māori. In Butt, Miriam and Tracey Holloway (eds). The Proceedings of the LFG '04 Conference. http://cslipublications.stanford.edu/site/ONLN.html, pp. 20-38, 2004.
  • The Reed Reference Grammar of Māori. Auckland: Reed Publishing, 1997.
  • Māori. Descriptive Grammar Series. London: Routledge, 1993.
  • Māori ko again. Te Reo, 34: pp. 3-14, 1991.
  • Experience Verbs in Māori. Te Reo, 26: pp. 3-28, 1984.
  • Relativisation in Māori. Studies in Language, 6: pp. 305-342, 1982.
  • Hae.re vs. ha.e.re: a note. Te Reo, 24: pp. 31-36, 1981.

Tuesday, 20 August 2013

Te Reo - Best ever bibliography on the Revival of Te Reo (Dr Peter Keegan)

ANNOTATED WORKING BIBLIOGRAPHY ON MĀORI LANGUAGE REVITALIZATION 

(9TH VERSION, 27 APRIL 2011)

Introduction

This bibliography lists the key literature on Māori Language revitalization. There isn't a single definitive account. Seventeen annotated references are provided. This version of the bibliography lists material by year of publication, most recent first. Familiarity with the general literature on endangered languages and bilingual/immersion education is worthwhile (this is often an integral part of language revitalization efforts).
(1)  Te Reo Mauriora Te Paepae Motuhake's review of the Māori language sector and the Māori language strategy, April 2011.
Commissioned by Dr Pita Sharples (Minister of Māori affairs) and led by Emeritus Professor Sir Tamati Reedy and a high powered team of well known Māori language activists, this report is an interesting document.
As with the draft Wai 262 report (October 2010)(2)Te Paepae Motuhake is clearly not convinced that Te Taura Whiri (Māori Language Commission) is functioning as it should. The report suggests a Māori language minister and separate board that reports to that minister. It also recommends runanga-a-iwi (tribal authorities) to assist with increasing the amount of Māori language spoken at home. I seem to remember a previous Taura Whiri CEO attempting to set regional language centres which, to my knowledge never really succeeded.
The review is right to emphasize that Māori language needs to be spoken more in Māori homes. Little detail is provided on how this is be effected and it seems to ignore the practicality that the majority of Māori aren't really that interested in investing the time required to learn the language to a high degree of proficiency needed to sustain household interactions in Māori.
I am not convinced that many iwi authorities are currently in a position to assist with increasing the amount of Māori spoken in homes. Clearly some are and active in this area (e.g. Ngati Raukawa) , others lack the organisation or resources, others again, e.g., Waikato-Tainui certainly have the resources but currently don't seem to see supporting Māori language in homes as being very important. Too often it is forgotten that the majority of Māori no longer live in their traditional iwi regions, and too many urbanized Māori have very little meaningful contact with iwi organisations.
The group least visible in this report is the rangatahi (young people), especially graduates of Māori-medium programmes who are now raising their own children. It is this group that will determine the future of the language and certainly needs support.
(2)  Waitangi Tribunal. (2010) Wai 262 Tribunal chapter on te reo Māori in pre-publication format.
An interesting very long chapter that makes far reaching recommendations on what needs to be done to save the Māori language from "imminent death" (This is not really true, Māori language is not about to die). It rightly highlights trends of decreasing in enrolements in kohanga reo and Māori-medium education programmes. There are few explanations offered of why this has happened. Much of the blame is directed towards government policy and its lack of implementation. As the report notes the relationship between Te Puni Kokiri (Ministry of Māori Development) and the Māori Language Commission is problematic and roles are not clearly defined. Many of the Te Puni Kokiri people involved in Māori language policy formation have either moved on to other positions or no longer work for Te Puni Kokiri. Much of the language policy work itself is of questionable value. The Māori Language Commission has changes in key personnel in recent years and is no longer the same organisation since the departure of highly influential former commissioner, Timoti Karetu. In the current economic climate the language commission is unlikely to receive a boost in funding or major changes in its current roles. I am not sure that major changes to the Māori Language Commission are what is really needed.
Remember this has been released in pre-publication format. It has certainly got the attention of New Zealand's media. Get your copy here.
(3) Bauer, W. (2008). Is the health of te reo Māori improving? Te Reo, 51, 33-73.
This journal article critiques (3) below and the 2001 and 2006 National censuses. It suggests the methodology employed are problematic and that their is need to interpret their results with care. In other words they are too optimistic in their conclusions and in reality Māori is much worse off than suggested. The article advocates a rethinking in terms of current Māori language strategies and resource allocation. This is a very important journal article. Unfortunately Te Reo, the Journal of the Linguistic Society of New Zealand is not available online. The article will need be obtained via a library.
(4) Research New Zealand/Te Puni Kokiri (Ministry of Māori Development).(2007). The Health of the Māori language in 2006.
This is Te Puni Kokiri's latest (commissioned) research on Māori language use. Deliberately timed to allow comparisons with the survey they commissioned in 2001. This document is merely a survey report and contains very little analysis or interpretation. As with the 2001 survey no iwi (tribal) affiliations were collected. This is extremely disappointing, although to obtain representative iwi data would have inflated the costs of the project. Still worth downloading and reading. Most Te Puni Kokiri publications can be downloaded in PDF format from their web site.
(5) Harlow, R. (2007). Māori: A linguistic introduction.
Most recent book by Ray Harlow. Focuses on the description of Māori and changes happening as a result of influence of English, includes discussions on the status of Māori as an endangered language. Unfortunately this book is expensive !
(6) Bell, S., Harlow, R., & Starks, D. (Eds.). (2005). Languages of New Zealand.
An excellent edited volume containing chapters on Māori vocabulary by Peter Keegan, Māori broadcasting by Mike Hollings, attitudes to Māori language by Mary Boyce, and Māori lost and regained by Bernard Spolsky. In addition it provides others chapters which give good overviews of the language situation in NZ.
(7) Issue 172 (2005) International Journal of the Sociology of Language.
Two papers in this journal issue are important. Professor Margaret Mutu describes her own community's language revitalization efforts and how they relate to maintaining ethnic identity. Professor Ray Harlow presents his own views attitudes towards Māori. He makes many valid points. There are also papers by Janet Holmes on Māori English in New Zealand and Steven Chrisp discusses data from a language attitudes survey.
(8) Harlow, R. (2003). Issues in Māori language planning and revitalisation. He Puna Korero: Journal of Māori and Pacific Development, 4(1), 32-43.
Ray Harlow's views on key issues facing Māori language. Makes insightful comments on language standardization, the ad-hoc nature of Māori planning, and the role of relevant government agencies and their attempts to formulate effective policy. Harlow's Māori reference grammar (2001) is excellent.
(9) Reassessing Māori regeneration Language in Society 32 (4), 553-578.
A key paper by world renown academic Bernard Spolsky who has made important contributions to bilingual education, language testing, language policy, sociolinguistics as well as language revitalization. The paper argues that Māori language revitalization should not be understood as language loss followed by revitalization activities, rather it is the result of a long process of negotiation between the indigenous Māori and European settlers. Spolsky was domiciled in New Zealand for many years and has kept in touch with developments. Well known in New Zealand for his 1987Report on Māori Bilingual Education which highlighted the need for increased and diversified teacher training to supply the anticipated growth in programmes. The provision of good teachers for Māori-medium programmes is still a major problem. Finally, Spolsky's recent (2004) book on language policy is relevant and well worth reading.
(10) Fishman, J. (Ed.) (2001). Can threatened languages be saved? Reversing language shift, revisited: A 21st century perspective.
This edited volume contains updates on languages mentioned in 13 Fishman (1991) and discusses others previously not covered. Local or USA based experts provide updates on a selection of languages with Fishman providing an overview and revisiting the framework proposed in the original volume. The chapter on Māori was written by Richard and Nena Benton who know the New Zealand situation intimately and have made an enormous contribution to Māori language and education through research, writings and much behind the scenes activity. The Bentons conclude that under Fishman's framework Māori has only made modest gains in the last decade. Clearly there is much than could be said about Māori in the last ten years (and no doubt other languages) than a chapter space allows. Fortunately, the Bentons provide details in other publications (see entries 9 and 11). My impression is that a different picture emerges for some of the larger (in terms of numbers of speakers) endangered 'European' languages such as Basque, Catalan, and Canadian French (Hebrew, as the relevant chapter argues, is a rather unique case). These languages may fit Fishman's framework better than the others and their chances of survival are much greater. Welsh is not mentioned in either volume, however, under a case study approach not every language of interest can be included. Fishman's commentary on the case studies and reversing language shift provides further clarification and a re-stating of positions given in the first volume. Again, I find some of Fishman's writing dense and not easy to understand. Perhaps the book needs to be read a number of times or may be more readily understood by those familiar with the associated literature. In summary, another important book which should be studied in conjunction with the previous volume. Contains insights and challenges for both scholars and activists battling daily to revive or maintain their own languages. My major gripe, apart from sections I consider to be dense, with both Fishman volumes is that despite being gems they are lumbered with some of the most boring covers ever.
(11) King, J. (2001). Te Kohanga Reo: Māori language revitalization. in L. Hinton and K. Hale. (eds.) The Green Book of Language Revitalization in Practice. San Diego: Academic Press, pages 119-128.
This chapter is probably the most recent update (of substance) on kohanga reo (Māori language nest or centre for pre-school children). It appears in an excellent volume that provides details on progress of language revitalization efforts particularly amongst Native Americans/indigenous groups in North America/Hawai'i. The efforts to revitalize Hawai'ian are especially relevant. Māori and Hawaiian(s) share very similar histories, both linguistically and in terms of their not always pleasant experiences of colonization.The kohanga reo model is well known and often cited in the indigenous language revitalization literature. There is a paucity of up to date literature on kohanga reo.
(12) Reedy, T. (2000). Te Reo Māori: The past 20 years and looking forward. Oceanic Linguistics 39(1), 157-169.
An important overview (although rather brief) with observations on changes taking place by a well-respected Māori academic. Tamati Reedy is a native speaker of Māori who has had a long involvement in Māori language revitalization activities. There is not a lot of good literature on this topic by Māori authors.
(13) Benton, N. B. E. and R. A. Benton (1999). Revitalizing the Māori language, Unpublished Consultants Report to the Māori Development Education Commission.
An eclectic document (128 pages, almost exclusively text) that ranges over many issues concerning Māori language and Māori language revitalization. Written as a report to a now defunct commission it assumes its audience is already highly familiar with the New Zealand scene. The Bentons suggest future directions for Māori language revitalization efforts which on occasions conflict with current thinking and practices (especially the role of Māori in bilingual/immersion education). Some may not agree with the authors, however this report is clearly very important and needs to be read by all seriously interested in this topic. To my knowledge this report can only be obtained via a request under the Official Information Act from Te Puni Kokiri.
This report (238 pages long) was commissioned New Zealand's Treasury (a government department) in attempt to gain an economist's perspective on language revitalization. Grin and Vaillancourt are economists who have attempted elsewhere to quantify and explain language revitalization by using economic frameworks and modeling. Their work is well known in some circles, but not by most New Zealanders. The report is divided into three sections, an analytical framework, policy experience, and implications for Māori. Of particular interest is the commentary on effective language policies, from economic perspectives. Examples are mostly from language minorities which seem to be increasing (in terms of numbers of speakers), i.e., Welsh and Basque. The report finishes by suggesting implications of policies aimed at the revitalization of Māori. It concludes that Māori has the potential for revitalization, but much (policy) work is required and that there is a need for affective and regular measures of policy implementation. Some of policy approaches suggested by the authors, in particular a reliance on Māori-medium education to produce large numbers of Māori speakers will be regarded as controversial by many. In my opinion the report's conclusions need to be treated with caution given that much more detailed data is now available. As Fishman's re-visitation has shown, there is much that can be gained by re-examining case studies in the light of new data and further input from other expertise.
(15) Benton, R. A. (1991).The Māori language: Dying or reviving?
This paper (44 pages) provides an overview of the now famous NZCER (New Zealand Council for Educational Research) Sociolinguistic Survey of Māori Language Use undertaken in the 1970s. It is important because it was first research evidence confirming that the Māori language was in a perilous state (i.e. in rapid decline) and would soon disappear unless drastic measures were urgently undertaken. The survey focused on rural Māori communities and demonstrated that there were only several isolated places in the North Island where Māori was still being used by a significant number of the local Māori community. Much has changed since the 1970s and the paper is largely of historic value. Should still be read. This paper appeared in 1991 and was reprinted by NZCER in 1997.
(16) Fishman. J. (1991). Reversing language shift: Theoretical and empirical foundations of assistance to threatened languages.
An important academic book by perhaps the leading scholar on language revitalization. Fishman proposes a model whereby languages are ranked on scale (i.e stages) ranging from stage eight (language severely endangered, e.g. few remaining elderly speakers) to stage one (language well supported in education, government, media, communities etc. etc.) The book details 10 languages as case studies of endangered languages at various stages according to the model (in many cases there is overlap between the stages). It includes a chapter on Māori. The account of Māori revitalization is as accurate as can be expected given the literature available at that time. There were many activities not mentioned in the text, e.g. groups and individuals based at educational institutions and settings (especially universities), others were based on Māori organizations. Much has changed since then and in retrospect many in New Zealand probably now have a better understanding of what actually happened and why. This book was widely read in New Zealand. My impression is that some have misinterpreted the book, others considering it to be the final word or the only worthy explanation of language revitalization. Models are almost always simplifications of reality and many are extensively revised or are sometimes discarded. Fishman's model has its critics and there are alternative models and viewpoints by other authors (see Baker, 2001:81-83; Crystal, 2000; Spolsky, 2004, chapter 12). In summary, an important book which has made an enormous contribution to the understanding of language revitalization. Fishman's writing is sometimes dense and his ideas or messages are not always clear. A follow up volume has been produced (see entry 7) i.e. Fishman (2001).
(17) Waitangi Tribunal (1989). Te reo Māori report: Wai 11 (2nd Ed). Wellington: GP Publications.
This report (51 pages) details the 1986 claim to the Waitangi Tribunal to have Māori recognized as a taonga 'treasure' and therefore guaranteed government protection under the 1840 Treaty of Waitangi signed between Māori and the (British) Crown. The Tribunal found in support of the claimants and its subsequent recommendations to the government of the day lead directly to the establishment of the Māori Language Commission and a commitment from the government to support Māori language revitalization initiatives. Clearly a major milestone and turning point in the history of Māori language revitalization.

Notes

1 The term 'revitalize' is sometimes written as 'revitalise'. The -ize form may be more common.
2 'revitalize' synonyms include 'regeneration', 'restoration', 'reversing language shift', 'language revival', or even 'language revernacularisation'.
3 The term Māori can refer to either the people or language of the indigenous inhabitants of New Zealand.
4 Some authors (mainly academics) use Aotearoa/New Zealand or New Zealand/Aotearoa, or just Aotearoa when referring to the country commonly known in the English speaking world as New Zealand.

References

Baker, C. (2006). Foundations of bilingual education and bilingualism (4th Edition). Clevedon: Multilingual Matters.
Bauer, W. (2008). Is the health of te reo Māori improving? Te Reo, 51, 33-73.
Bell, S., Harlow, R., & Starks, D. (Eds.). (2005). Languages of New Zealand. Wellington, New Zealand: Victoria University of Wellington Press.
Benton, R. A. (1991). The Māori language: Dying or reviving? Honolulu: East West Center. (Reprinted by New Zealand Council for Educational Research in 1997).
Benton, N. B. E., & Benton, R. A. (1999). Revitalizing the Māori language, Unpublished Consultants Report to the Māori Development Education Commission, New Zealand.
Chrisp, S. (2005). Māori intergenerational language transmission.International Journal of the Sociology of Language, 172, 149-181.
Crystal, D. (2002). Language Death. Cambridge: Cambridge University Press.
Fishman, J. A. (1991). Reversing language shift: Theoretical and empirical foundations of assistance to threatened languages. Clevedon: Multilingual Matters.
Fishman, J. A. (Ed.) (2001). Can threatened languages be saved? Reversing language shift, revisited: A 21st century perspective. Clevedon: Multilingual Matters.
Grin, F., & Vaillancourt, F. (1998). Language Revitalisation Policy: An Analytical Survey.Theoretical Framework, Policy Experience and Application to Te Reo Māori. Report to the Treasury, Wellington, New Zealand/Aotearoa.
Harlow, R. (2003). Issues in Māori language planning and revitalisation. He Puna Korero: Journal of Māori and Pacific Development, 4(1), 32-43.
Harlow, R. (2005). Covert attitudes to Māori. International Journal of the Sociology of Language, 172, 133-147.
Harlow, R. (2007). Māori: A linguistic introduction. Cambridge: Cambridge University Press.
Holmes, J. (2005). Using Māori English in New Zealand. International Journal of the Sociology of Language, 172, 91-115.
King, J. (2001). Te Kohanga Reo: Māori language revitalization. in L. Hinton & K. Hale. (Eds), The Green Book of Language Revitalization in Practice. San Diego:Academic Press. pp. 119-128.
Mutu, M. (2005). In search of the missing Māori links - maintaining both ethnic identity and linguistic integrity in the revitalization of the Māori language. International Journal of the Sociology of Language, 172, 117-132.
Reedy, T. (2000). Te Reo Māori: The past 20 years and looking forward.Oceanic Linguistics 39(1), 157-169.
Research New Zealand. (2007). 2006 Survey of the health of the Māori language: Final report. Wellington, NZ: Te Puni Kokiri/Ministry of Māori Development.
Spolsky, B. (1987). Report on Māori - English bilingual education.Wellington, New Zealand: Department of Education, New Zealand.
Spolsky, B. (2003) Reassessing Māori regeneration. Language in Society32(4), 553-578.
Spolsky, B. (2004) Language Policy. Cambridge: Cambridge University Press.
Te Puni Kokiri (Ministry of Māori Development). (2002). The Health of the Māori language in 2001. Wellington, New Zealand, Māori Language Monitoring Team, Te Puni Kokiri (Ministry of Māori Development).
Waitangi Tribunal. (1989). Te reo Māori report: Wai 11. (2nd Ed)Wellington, New Zealand: GP Publications.
Last modified: 27 April 2011.
This page is Copyright © Peter J Keegan, PhD, 2013.

Te Reo - Brainstorm Mural

Te Reo - Percentage of Maori proficient in Te Reo (Education Counts, Ministry of Education)

What We Have Found

Māori proficiency in te reo has increased significantly since 2001, especially among younger Māori.

Date Updated: March 2008

Indicator Description

Percentage of Māori population proficient in te reo.

Why This Is Important

There is a need to raise foundation skills so that all people can participate in our knowledge society.  Foundation competencies are a set of skills, knowledge and dispositions in the areas of language, literacy and numeracy.
Māori language is a key element of Māori culture, and constitutes part of the broader cultural identity of New Zealand. 
There have been major efforts since 2003, when the Government released the revised Māori Language Strategy to consolidate and coordinate its Māori language programmes and policies, to revitalise te reo and increase the number of people who use it and the situations in which it is used.  Te reo Māori education through the tertiary sector plays an important role in language revitalisation, as well as maintaining and developing the variety within the language in its use in different situations.

How We Are Going

Following both the 2001 and 2006 Census, surveys were undertaken of the Māori population aged 15 years-old and over, looking at the health of the Māori language.  Both surveys included self-assessment of three components of language proficiency, namely: speaking, reading and writing, with the 2001 survey also assessing listening.

Figure 1: Percentage of Māori population proficient in Te Reo by age group (2006)
inID-1887-fig1
The 2006 Survey on the Health of the Māori Language found that 22.8% of the Māori population aged 15 and over were proficient in reading Māori (that is, they could read 'well' or 'very well'), a significant increase from the figure in 2001 (13.2%).  The 2006 survey found that 16.8% and 14.0% of the Māori adults were proficient in writing and speaking Māori, compared with 11.6% and 9.8% respectively from the 2001 Census.  The increase in proficiency levels from the 2001 Census was most marked for those aged 25 to 34 years-old.

Figure 2: Age-standardised percentage of Māori population proficient in Te Reo (2001 and 2006)
A graph titled 'Age-standardised percentage of Māori population proficient in te reo (2001 and 2006)' visually depicting the analysis and description. Click here to go to the indicator's data page.


Proficiency in te reo was highest for the oldest Māori, with 1.4 to 2.3 times the level of proficiency of Māori in the next most proficient age group.  The 15 to 24 year-old age group had the second highest level of proficiency for speaking and writing, while the 25 to 34 year-old age group had the second highest level of proficiency over reading.  This points to a level of success in improving language proficiency in younger speakers.

Figure 3: Students enrolled in Te Reo Māori courses by NQF level (2001 to 2006)  

A graph titled 'Students enrolled in te reo Māori courses by NQF level (2001 to 2006)' visually depicting the analysis and description. Click here to go to the indicator's data page.


The vast majority of enrolments in te reo Māori courses were at the lowest NQF levels (level 1 to 3).  There were a total of 12,251 enrolments at this level in 2006, followed by 2,997 enrolments at level 4, and 1,683 enrolments at diploma-level (level 5 to 6).  There was a 5-fold increase in enrolments in te reo Māori at levels 1 to 4 from 2001 to 2003, reflecting the growth in enrolments at Institutes of Technology/ Polytechnics and wānanga in these levels.  However, from 2003 to 2006 the number of enrolments in te reo Māori at these levels declined by 59%, with a decline in enrolments at wānanga being a major contributor to this reduction.  In contrast, there has only been a small decrease in enrolments in te reo Māori at level 5 and above since 2003.  Despite this recent decline, there has been a substantial growth in enrolments for te reo Māori courses since 2001 which has helped produce the significant gains in proficiency in te reo among Māori since 2001.

References

http://www.educationcounts.govt.nz/indicators/main/education-and-learning-outcomes/1887

Wednesday, 14 August 2013

Te Reo - Wai 262 Analysis of State of Te Reo & Critique of Surveys

Sections on the Measurement of the Health of Te Reo Māori

(Excerpts taken from WAI 262 EARLY REPORT)

5.3.4 Censuses and surveys
(1) Pre-1996 national speaker estimates
We have already noted the findings of Richard Benton’s 1970s survey on the health of te reo, especially the scarcity of fluent speakers among Māori children.

The reo which Benton measured as ‘fluent’ in the 1970s was probably at a higher level than that considered fluent today, given that there were many more older native speakers of te reo alive then. As Māori language academic Ian Christensen has remarked,  ‘A tendency towards a diminished perception of fluency may be a natural characteristic of a language in decline.’133 

In a 1992 report commissioned by the Ministry of Education to engender discussion on a New Zealand languages policy, Dr Jeffrey Waite projected the results of Benton’s survey forward to 1986 with corrections for mortality and other demographic variables. This showed that, at the time of the Tribunal’s report on the te reo Māori claim, only 700 North Island Māori children under the age of 10 were fluent in te reo, as opposed to 19,400 fluent speakers aged 55 and over. This did, however, appear to represent an increase in the number of younger speakers from that estimated by Benton in 1979. Overall, Waite guessed there were 81,000 fluent and marginal speakers of Māori in the North Island in 1986.134

In 1995, Statistics New Zealand conducted a national Māori language survey on behalf of T e Puni Kōkiri and Te Taura Whiri. It confirmed Benton’s conclusion that te reo was in a perilous state, finding that 8.1 per cent of Māori aged over 16 had a high proficiency in spoken Māori, 51.3 per cent had low to medium fluency, and 40.6 per cent had no proficiency. Put another way, it showed there were just over 22,000 highly fluent adult Māori speakers – a significant decline from the 64,000 revealed by the 1975 survey. Nearly three-quarters of those highly fluent were aged 45 and over.135 Obviously, if children learning at kōhanga and kura kaupapa had been included, the figures would have been somewhat different.

(2) Māori-language education demand surveys, 1992, 1995
Two surveys conducted in the first half of the 1990s indicated the then potential market for Māori-language education. The first survey, conducted in 1992 by AGB McNair for the Ministry of Education, canvassed the caregivers of 500 Māori and 500 non-Māori pre-school and primary school children and suggested that supply was a long way off meeting Māori demand for Māori-language education.

According to the survey, some 77 per cent of the caregivers for Māori children wanted their charges to receive at least some primary-school teaching in te reo (over and above learning Māori as a subject), but only 33 per cent of those with school-age children had their children in such schools. And, though a mere 7 per cent of caregivers wanted their children to have little or no Māori language taught, 50 per cent of school-age Māori children were receiving just this kind of education.136

At that time, there were 89,115 regular classroom Māori primary-school students but only 13,671 Māori students in Māori-medium classes at primary school (15.3 per cent). This is a far cry from the more than 68,000 that would have been seen if the preferences of the 77 per cent of caregivers had been met. Seventy-seven per cent of Māori caregivers also preferred that their children receive Māori-medium education at secondary-school level, though because those children had not yet begun secondary school, we have no placement figures to compare with those preferences.

However, at that time, there were 37,061 regular classroom Māori secondary-school students, and if a 77 per cent demand had been met, there would have been 28,537 students in Māori-medium classes. Instead, there were just 2,380 (6.4 per cent).

Non-Māori children tended to be much more likely to attend a type of school that accorded with their caregivers’ preferences. Notably, 7 per cent of the caregivers preferred their children’s primary schooling to be in Māori and English, with 2 per cent preferring their instruction to be mostly in Māori.

While the survey indicated that this ambition was met for most of those who held such preferences and who had children already at school, 137 the percentages are more important than they first seem, because if accurate they would have translated nationally to a relatively significant number of children (that is, 29,546 students out of the 328,286 regular classroom non- Māori primary-school students).

In actuality, the number then in Māori-medium classes was 1,275 (0.4 per cent). Māori-medium education at secondary school level was also preferred by 9 per cent of non-Māori caregivers, which would have translated into 17,177 of the 190,851 regular classroom non-Māori students in Māori-medium classes. The real figure was just 100 (less than one tenth of a per cent).

The second survey was carried out for the Ministry of Education by MRL Research in 1995 and was intended to ascertain the likely demand for Māori and Pacific Island language education to 2020. Accordingly, 650 Māori and 550 Pacific Island caregivers for children aged 10 or under were interviewed in Auckland and Wellington.

The results were similar to those recorded in 1992, in that a 68 per cent demand for Māori-medium primary school education was being met by a 43 per cent supply, while a 14 per cent preference for education weighted most heavily towards English was contradicted by a 39 per cent placement in such schools. The trend continued at secondary-school level, with bilingual learning wanted by 57 per cent of caregivers, instruction mainly in Māori by 5 per cent, and Māori immersion by 4 per cent.138

There were then 97,091 regular classroom Māori primary- school students. Had 68 per cent of them been in some form of Māori-medium education, there would have been 66,022 such students, but the figure was only 19,044 (19.6 per cent). At secondary-school level, there were 38,049 regular classroom Māori students, and had the preferences of the 66 per cent of caregivers been realised, there would have been 25,112 in Māori-medium learning. Instead, there were 2,943 (7.7 per cent).139

 At both levels, the clear gap between supply and demand again seems irrefutable.

These results allow us to comment on the demand for Māori-language instruction in the 1990s and the extent to which that demand was being met. While margins of error exist and there is some evidence of slightly reduced demand and somewhat improved supply in 1995, there is a striking consistency across the two surveys. It is, of course, unknown whether places in such forms of education were full or whether a large number of Māori students had Māori-medium learning options available locally but were not making use of them. In other words, the rate of placement cannot be regarded simply as the rate of supply. 

However, given that there was a shortage of Māori-medium teachers at the time, it is unlikely that the actual level of supply was significantly higher.  Even if we assume that the surveyed level of demand was exaggerated, 140 this would not bridge the clear chasm between supply and demand. For example, if the actual level of demand in 1992 was radically lower – say only 35 per cent instead of 77 per cent – this would still have meant that 17,500 Māori primary school children were not attending their caregivers’ favoured form of Māori-medium education.141

Overall, one can thus see that the supply of Māori medium schooling probably improved between 1992 and 1995 but that Māori demand, while still high, may have fallen slightly. Peak demand (in terms of the proportion of Māori students in Māori-medium learning) came in 1999. In the decade since, demand has clearly declined, irrespective of supply, although of course we must remember that ongoing teacher shortages have shown an incessant supply side problem.

(3) Census results, 1996–2006
The 1996 census was the first to ask respondents which languages they could hold a conversation in about a lot of everyday things. It found that 25 per cent of the Māori ethnic group could hold such a conversation in te reo Māori. Nena and Richard Benton found this an ‘amazing revelation’, having assumed, on the basis of the 1995 national survey, that the result would be far worse. Half the speakers were under 25, whereas the 1995 survey had suggested the median age of speakers aged 16 and over would be closer to 50.142
There have now been three censuses asking a language question, and further significant Te Puni Kōkiri commissioned surveys into the health of the Māori language in 2001 and 2006 (see below).  Setting the results of the 1996 census alongside the 2001 and 2006 results, we can discern medium-term trends in the health of the language (see table 5.9)


  • The proportion of those aged zero to nine who can speak the language has declined significantly since 1996. 
  • In all the age groups from 10 to 39, the proportion of te reo speakers rose between 1996 and 2001; for the 10- to 24- and 35- to 39-year-olds, this proportion declined again by 2006 (in the case of 10- to 19-year-olds to less than 1996 levels) ; and for the 25- to 34-year-olds it continued to climb, but at a much reduced rate. 
  • For the 40- to 64-year-olds, there was an ongoing decline which was dramatic at the older levels (for example, from 47.8 per cent of those aged 55 to 59 in 1996 to 33.2 per cent of those aged 55 to 59 in 2006). 
  • Amongst those aged 65 and over, there was a marginal decrease in 2001 and a steep decline in 2006. 
  • In 2006, the age groups with the lowest proportions of reo speakers were those spanning the years zero to 14. As these also happen to be the most populous, the more positive responses – such as the nearly 50 per cent of those aged 65 and over who were speakers – represent much smaller numbers of people.
  • The key concern about this lower-speaking ability amongst the young is that it was not the case in 1996, when those aged zero to nine had higher proportions of speakers than those aged 20 to 29, and those aged 10 to 14 out-rated those aged 20 to 34. 

While the reasons for these changes are undoubtedly complex, some trends do seem readily explicable. 


  • The decline in younger speakers would clearly seem to relate to the drop-off in those attending kōhanga reo and the declining proportion of those attending Māori-medium schooling. 
  • Conversely, the rises among some age cohorts will relate to factors such as the increased participation in Māori-medium schooling in the late 1990s or the growth in those in later age brackets taking tertiary courses in te reo (notwithstanding Earle’s comment that such courses would not enable one to converse proficiently in Māori on their own).143 
  • An example of the latter may be the 30- to 34-year-olds in 1996, who as 35- to 39-year-olds in 2001 and 40- to 44-year-olds in 2006 increased their proportion of reo speakers. 
  • The decline of speaker proportions in the older age groups also clearly relates to the fact that, as many older speakers pass away, they are increasingly replaced by those who have never learnt te reo.

(4) Projecting the census results forward
Looking to the future, we know roughly how the Māori population pyramid will look in 16 years’ time. 
By 2026, according to Statistics New Zealand, the Māori population is likely on mid-range projections to number 811,000 – up from 624,000 in 2006.144 It will be older, but still have a larger-than-average number of younger people.145 

If current trends continue, and the proportion of children aged zero to four able to speak Māori continues to decline across censuses, we estimate that (and using an approximate analysis based on the ageing of current age cohorts): 

  • 16 per cent of the 258,000 Māori in the zero to 14 age range will be te reo speakers in 2026 (unadjusted for those too young to speak) will be te reo speakers in 2026.  
  • 20 per cent of the 303,000 aged 15 to 39 will be te reo speakers in 2026, 
  • 24 per cent of the 181,000 aged 40 to 64 will be te reo speakers in 2026, and 
  • 26 per cent of the 69,000 aged 65 and over will be speakers. 

In other words, it is unlikely that the official tally of Māori speakers of te reo Māori in 2026 will be more than 150,000.146  That is a rise of 14 per cent during a period in which the Māori ethnic group population is projected to rise by 30 per cent (on medium projections). 

The estimated number of speakers represents a likely 20 per cent proportion of the official 2026 census-night tally for the Māori ethnic group, compared with 23.7 per cent in 2006. It is also likely that, by 2026, there will be very few older native speakers of te reo left. 

Today, those with higher degrees of language proficiency are found in the older age brackets. It is unlikely that the overall proficiency of those 150,000 speakers in 2026 will be any better, if better at all, than the 131,610 Māori speakers of te reo today. Current trends, therefore, suggest that the ongoing gains being made with te reo are not offsetting the ongoing losses occurring as older speakers pass away. 

Moreover, the theoretically ongoing gains are in fact beginning to turn into losses amongst the crucial younger age groups, who represent the future health of te reo. 

In its report on The Health of the Māori Language in 2001, Te Puni Kōkiri stated, with respect to the census results, that :
The predominant feature between 1996 and 2001 is the stability of numbers of Māori speakers at all levels; there is even some moderate growth in some areas. This suggests that the long-term decline in the number of Māori speakers that occurred over a number of decades may have been arrested.147

When the 2006 census results were released, officials suggested that the small increase in the number of Māori speaking Māori represented a stabilisation of te reo after a long period of decline, with a likely rise in the number of younger speakers. 

In fact, however, the age group recording the biggest growth in te reo speakers between 1996 and 2006 (in absolute numbers) was those aged 60 and over, as the population aged. Speakers in this age group increased from 13,647 in 1996 to 16,095 in 2006.148 By contrast, the numbers of speakers aged zero to 14 declined from 38,595 in 1996 to 35,151 in 2006. 

The 2006 result does not appear to be evidence of a further stabilisation at all.

 (5) Te Puni Kōkiri’s 2006 survey
In 2006, Te Puni Kōkiri conducted a survey on the health of the Māori language that seemed to contradict the census result. Announcing the results in July 2007, the Minister of Māori Affairs said that they showed ‘significant progress towards the achievement of the goals of the Māori Language Strategy’. 148 He said highlights included:

a 9 percentage point increase since Te Puni Kōkiri’s 2001 survey in the number of Māori who could speak more than a few words and phrases (that is, from 42 per cent in 2001 to 51 per cent in 2006) ;
a 7 percentage point increase in those who could speak te reo very well, well, or fairly well (that is, from 20 per cent in 2001 to 27 per cent in 2006) ;
the numbers who could understand (by listening), read, and write more than a few words and phrases increasing by 8, 10, and 11 percentage points respectively ;
the number of 15- to 24-years-olds who could speak te reo increasing by 13 percentage points and those 25 to 44 by 16 percentage points ; and
an increase in adults speaking te reo to their pre-schoolers at home by 17 percentage points, to primary school children by 14 percentage points and to secondary school children by 20 percentage points.149

As noted, the Ministry of Education also hailed the survey results, arguing that increased Māori proficiency in te reo since 2001 had been helped by the substantial growth in enrolments for tertiary te reo Māori courses during that period.150

(6) Discrepancies between the 2006 census and survey
The 2006 census and the 2006 survey are thus at odds with each other. While T e Puni Kōkiri found major improvements in speaking proficiency amongst those aged 15 to 44 since its previous survey, the census showed declining proficiency among those aged 15 to 24, a very marginal improvement for those aged 25 to 34, and a decline for those aged 35 to 44.

The very small improvement in speaking proficiency for those aged 55 and over in the survey contrasts with a major decline amongst those in this age group in the census. Te Puni Kōkiri has publicly stated its view that:
The Māori Language Survey is a better measure of the Māorilanguage [than the census] as it is a face-to-face interviewand has a variety of questions that investigate languageacquisition, skill and use. It asks a number of questions, eachtargeted at an aspect of language revitalisation that we needto know about.

This survey provides a more robust way to look at thehealth of the Māori language than a single question whichrequires a large degree of interpretation.151

Despite this, the Ministry of Social Development’s influential Social Report for 2007 was equivocal about whether progress was being made or not. It noted that the survey and census data were ‘not directly comparable’ and concluded that:

The 2006 Census shows a slight decrease in the proportion of Māori who speak Māori since 2001, while the 2006 Surveyon the Health of the Māori Language shows an increase overthe same period. It is not clear whether the proportion whospeak Māori has declined slightly or increased.152

Dr Peter Keegan from the School of Māori Education at the University of Auckland has also commented on the 2006 census and survey results, saying that the question of whether te reo Māori ‘is gaining or losing ground today’ was ‘difficult ’to answer.153

Linguist Dr Winifred Bauer of Victoria University has conducted a comprehensive comparison of the census and survey results for 2001 and 2006, and is less than impressed with the reliability of the 2006 survey.

She argues, first, that changed sampling methods and reportage of data between the 2001 and 2006 surveys make ‘serious survey comparison impossible’. She then points to the large margins of error in both the surveys (particularly when focusing on small subgroups within the overall survey sample), which were even bigger in the 2006 survey. She also notes the added potential for unreliability in the 2006 survey introduced by the particular sampling method.154

Most importantly, Dr Bauer says that the 2006 survey is simply not credible because it is so at odds with the census results in respect to general speaking proficiency, the gap between men and women’s proficiency, and the use of te reo by children. Many of the gains claimed by Te Puni Kōkiri relate to very small numbers of survey respondents, are well within the margin of error, and are achieved by combining those stating they can speak ‘very well’ and ‘well’ (since the former group is too small on its own for any credible analysis). By contrast, the census has asked the same question of the entire population, so there are no sampling errors and the results are directly comparable.155 

Overall, Dr Bauer concludes that :
The surveys simply do not tell us what lies behind the key trends discernible from the census, and in fact ‘have failed to provide a better picture than the censuses in crucial areas’. Consequently, it is arguable whether these five-yearly national surveys ‘have any value’.156

The survey results contradict reality: that the health of the language continues to decline. Certainly, there was no improvement in the language proficiency of the critical parenting generation cohorts, who are vital to intergenerational transmission, between 2001 and 2006.157 There is real danger in casting the 2006 survey results in such a positive light. Doing so will encourage complacency about the health of the language at a time when a sense of urgency is still needed.158

5.3.5 Conclusions : how healthy is te reo in 2010 ?

There was a true revival of te reo in the 1980s and early to-mid-1990s. It was spurred on by the realisation of how few speakers were left, and by the relative abundance of older fluent speakers in both urban neighbourhoods and rural communities. The revival was a Māori movement, it was achieved through education, and it was incredibly successful at a grass-roots level. The movement was perhaps at its most powerful during its earliest surge, as  demonstrated by Māori born from 1977 to 1981 being more likely to speak te reo than those born either from 1967 to 1976 or from 1982 onward (see table 5.10).

From around 1994 to 1999, te reo has been in renewed decline. The problem is not just one of declining numbers of Māori speakers but also, strikingly, declining proportions, for it has also coincided with a significant rise in the number of younger Māori. Critically, the decline is now occurring at both the young and old ends of the spectrum. The figures clearly contradict the perception that, among Māori under 40, it is younger people who are more likely to speak Māori. The figures also show that the most populous Māori age groups are also the least likely to be Māori-speaking (see table 5.9).

All this means that, if trends continue, over the next 15 to 20 years the te reo speaking proportion of the Māori population will decline further, even as the absolute number of speakers continues to slowly climb. And despite the higher numbers of te reo speakers likely to be found in, say, 2026, they are likely to be less fluent than speakers now, given the relatively few older native speakers who will still be alive.

The 2006 Te Puni Kōkiri-commissioned Māori language survey showed much more positive results than the 2006 census, but it has been strongly criticised by a leading scholar for its lack of reliability. 

The survey certainly does have large margins of error. Moreover, its inconsistency with key trends apparent in the census and backed up by other data sources suggest it is unwise to proclaim, as did the Minister of Māori Affairs, that the results showed ‘significant progress’ towards achieving the Māori language strategy goals. Needless to say, the decline in te reo overall – and in particular the loss of older native speakers – must be having a major impact on the health of tribal dialects. 

By definition, older native speakers are speakers of dialect. This by no means holds true for children today whose first language is Māori. Something of the fate of tribal dialect is indicated by the fact that there were 20,190 Māori te reo speakers born before 1942 in the 1996 census, but only 11,031 speakers of the same cohort in 2006. 

By 2026, there will probably be not many more than a couple of thousand. In certain areas of the country, of course, the loss of older native speakers is more pronounced than elsewhere, as shown by Te Puni Kōkiri’s regional profiles of the health of the Māori language. In any language with faltering health – or, in this case, a faltering revival – its own variations must be its most vulnerable elements. This is the inevitable state of tribal dialects today, with some elements already all but gone and others clearly in peril. Unless dialects begin to be spoken more by younger Māori, their prospects beyond the next 20 years are obviously bleak. 

The current decline in te reo Māori seems to have several underlying causes. They include:

  • the ongoing loss of older native speakers who have spearheaded the revival movement ;
  • complacency brought about by the very existence of the institutions which drove the revival;
  • concerns about quality, with the supply of good teachers never matching demand (even while that demand has been shrinking);
  • excessive regulation and centralised control, which has alienated some of those involved in the movement; and,
  • an ongoing lack of educational resources needed to teach the full curriculum in te reo Māori.

The issue of teacher supply strikes us as crucial – the 1992 and 1995 surveys showed the potential market for Māori language education, but the amount of Māori medium education available has clearly never come remotely close to those levels. We are unaware of any attempt to follow up on these these demand surveys, which is of itself a concern. We suspect that demand would be less today, highlighting the failure to capitalise on past momentum.

Successes in Māori language education are today confined to pockets. Undoubtedly, excellent speakers are coming through kura kaupapa and wharekura, but this does not offset the overall decline in Māori participation in Māori-medium education. The Ministry of Education wishes to increase Māori participation rates in early childhood education, but would appear content for this increase to be in centres that are typically English medium.

At tertiary level, more students are studying te reo than in the 1990s, and this may be contributing to language revival at some levels. But it will not help produce the teachers so sorely needed while so many te reo.

Te Reo - Summary of Wai 262 Te Reo Chapter by Lynell Tuffery Huria

WAI 262: Update
By Lynell Tuffery Huria, senior associate, A J Park

On 20 October, the Waitangi Tribunal released one provisional chapter of its report on 
the WAI 262 claim, known as “the flora and fauna claim” or the “intellectual property claim”. 

The provisional chapter reports on the overall picture of the Government’s support for 
and protection of te reo Māori, but does not respond to any of the other issues in the claim, including the intellectual property issues.

This provisional chapter will provide some relief to claimants, all those involved in this 
19-year claim, and the international audience eagerly waiting for the decision. The chapter confirms the Tribunal has made progress towards resolving some of the complex issues presented by the WAI 262 claim.

It is also hoped that the release of this preliminary report means the full report will 
be released in 2011, a year that will mark the twentieth anniversary of the filing of the claim.

Why is the WAI 262 claim dealing with te reo Māori issues?  
The range of issues being considered by the WAI 262 claim is wide-ranging and complex. This issue was not included in the statement of issues agreed between the Tribunal and 
the parties. In fact, the agreed issues focused on much narrower concerns about the loss 
of different dialects and the inappropriate use of te reo Māori.

Wasn’t te reo Māori the subject of an earlier claim?
Te reo Māori was the subject of another claim before the Waitangi Tribunal, WAI 11, and 
a decision with recommendations has already issued on this point.

Why has te reo Māori become part of this claim?
The Tribunal states that submissions on the loss of dialects and inappropriate use of te reo Māori raised much wider issues, and meant that the Tribunal’s response could not be limited in the same way. The Tribunal felt it was necessary to revisit the WAI 11 decision, and review the developments in te reo Māori since that decision, as part of its report on the WAI 262 claim.

Why issue the provisional WAI 262 report now?It is unusual for the Tribunal to publish part of a report before releasing the full report. But the Tribunal explains that the release of this chapter was prompted by an announcement from the Minister of Māori Affairs to carry out a ministerial review of the Māori language strategy and sector. The Tribunal believe this chapter could aid in that review.

Submissions during the WAI 262 hearings also focused on the narrower issues of loss of dialects and inappropriate use of te reo Māori, or were meant to be limited in this way. The Tribunal has issued this report as a provisional report, and provided an opportunity for the parties to file additional submissions in response to the wider issues by 25 November 2010.

What are the findings in the WAI 262 report?
The report concludes te reo Māori is reaching a crisis point and urgent action is needed by the New Zealand government to preserve the language.

The report comments unfavourably on the Government’s response to the recommendations in the Tribunal’s 1986 report on the WAI 11 claim, including the following comments:

1. The Tribunal had not seen “any evidence of a true partnership between Māori and the Crown” to preserve te reo Māori. The report acknowledges the development of a Māori language strategy, but felt this strategy did not help to preserve te reo Māori at a grass-roots level.
2. The Government has not done enough to implement the Tribunal’s 1986 recommendations. The Government has not introduced unrestricted use of te reo Māori in Courts, government departments, and other public bodies.
3. The Government has repeatedly failed to implement policies that would help preserve te reo Māori. For example, the Government failed to ensure there were sufficient teachers well versed in te reo Māori to teach students who had been taught in kōhanga reo.
4. The Government’s Māori language strategy failed, because of “a lack of leadership and commitment amongst the responsible Crown agencies”.
5. The Government failed to commit sufficient resources to preserve te reo Māori.

What does the WAI 262 report recommend?

The report recommends that urgent action is needed, and recommends significant changes to bring New Zealand’s language policies in line with similar policies overseas. These are summarised below:

1. Te Taura Whiri should become the lead Māori language sector agency to address the issues of ownership and leadership of the problem.
2. Te Taura Whiri should function as a true partnership between Māori and the Crown, through equal appointment of Crown and Māori appointees to its board.
3. Te Taura Whiri will need the ability to compel public bodies to help revive te reo Māori. This may include the powers to hold public bodies accountable for the strategies they adopt.
4. Public bodies will need to consult with local iwi as they prepare their plans. This will mean that local iwi make a contribution to revitalisation of te reo Māori in their area.

What happens next?
Submissions can be made on this report until 25 November 2010.

The Tribunal has not provided any time frames for future developments on the full report or when the full report will issue.

It is great to see some progress from the Tribunal on the WAI 262 claim, but the claimants and all those involved in the WAI 262 claim will be hoping the release of this provisional report does not create more delays for the release of the full report.

What is WAI 262?
WAI 262 is the two-hundred-and-sixty-second claim before the Waitangi Tribunal. The origins of the claim date back to 1988, when two women found the Department of Scientific and Industrial Research (DSIR) had deposited several cultivars of native kumara at a research institution in Japan. These kumara had been brought to New Zealand by the Māori people, but were no longer available here. The women travelled to Japan to bring the kumara back to New Zealand.

The women became concerned at the ease with which this native flora and fauna could be lost to overseas’ interests, and the lack of Māori involvement in the decision-making process. The women felt the government and DSIR had ignored Māori rights of tino rangatiratanga (authority) and kaitiakitanga (guardianship) over this particular indigenous flora and fauna.
As work towards filing a claim with the Waitangi Tribunal began, the concerns extended to include the ever-increasing loss of native plants and animals, the destruction of ecosystems, the continuing erosion of mātauranga Māori (traditional Māori knowledge), and the continuing creation and amendment by the government of intellectual property legislation that failed to recognise Māori intellectual property rights.

The claim was lodged in 1991 by six individuals on behalf of six tribes.

What’s in the claim?
The claim asserted the Crown breached the Treaty of Waitangi, because the Crown:

• failed to actively protect the exercise of tino rangatiratanga and kaitiakitanga by the claimants over indigenous flora and fauna, and other taonga (treasure), and also over mātauranga Māori;
• failed to protect the taonga itself;
• usurped tino rangatiratanga and kaitiakitanga of Māori in respect of flora and fauna and other taonga through the development of policy and enactment of legislation; and
• agreed to various international agreements and obligations that affect indigenous flora and fauna and intellectual property rights and rights to other taonga.

The claimants also asked that one of the remedies include a framework based on tikanga Māori (or Māori customary values) that recognises Māori rights to exercise tino rangatiratanga and kaitiakitanga over indigenous flora and fauna, other taonga, and mātauranga Māori.

What do we expect the claim to say?
The decision could make recommendations on:
• when and how you can use intellectual property aspects of taonga works (including Māori words, imagery, and artworks, but is defined as artistic and literary works that incorporate some aspect of mātauranga Māori, and the mauri of taonga works, that reflects in some way the culture and/or identity of the kaitiaki of the work);
• when and how you can obtain some form of registered protection for taonga works, such as trade marks, copyrights, designs, and a right protectable under passing off;
• when and how you can use biological and genetic resources of indigenous and taonga species (defined as those species of flora and fauna having particular cultural or spiritual significance to Māori);
• when and how you can obtain some registered form of protection like a patent or plant variety right for a taonga species;
• how New Zealand will comply with its obligations under international treaties, including Trade-Related Aspects of Intellectual Property Rights and the Convention on Biological Diversity; and
• a new framework for the protection of intellectual property that recognises Māori intellectual property rights.

It will be interesting to see whether the structures proposed by the Waitangi Tribunal incorporate the suggested amendments to the Patents Bill (currently before the New Zealand Parliament) or any of the frameworks proposed by the World Intellectual Property Organization through the Intergovernmental Committee on Intellectual Property and Genetic Resources, Traditional Knowledge, and Folklore.

At least, we expect the decision will impact on access to and use of native flora and fauna, the use of Māori words, imagery, and artworks as trade marks, copyrights, and designs, and our IP framework.

Lynell Tuffery Huria is a senior associate at intellectual property firm A J Park. Email: lynell.tuffery@ajpark.com.
NZLawyer extra, 5 November 2010, Edition 14