New Zealand Yearbook of New Zealand Jurisprudence
Last Updated: 25 April 2015
A SHORT HISTORY OF
TE MāTāHAUARIKI RESEARCH INSTITUTE
DR ALEX FRAME, WAYNE RUMBLES AND DR RICHARD BENTON
I. BACKGROUND TO THE ESTABLISHMENT OF TE
Te Mātāhauariki Institute was established to continue the work of a
research programme which had been established under
a contract awarded under the
Public Good Science Fund (PGSF), to the School of Law at the University of
Waikato. This was the first
law project to be so funded in New Zealand. The
programme, titled “Laws and Institutions for a Bicultural New
was developed by Professors Paul Havemann and Margaret Bedggood,
at the suggestion and under the guidance and encouragement of Professor
Selby, then Deputy Vice Chancellor in charge of Research. The design and writing
of the programme itself was almost entirely
the work of Professor Havemann. The
funding granted initially was $450,000 for two years.
The central vision, or rationale, of the programme was described thus in the
The law and therefore the legal system and legal and political institutions
should both shape and mirror the values of a society.
The law and legal and
political institutions in a truly bicultural society should therefore reflect
the values and approaches of
both cultures. In Aotearoa/New Zealand the law,
legal system and legal and political institutions have, for the most part,
only one culture.
It comprised four “objectives”:
• Bicultural Methodology and Consultative Processes;
• Bicultural Political – Legal Continuum;
• Bilingual Information Transfer.
This programme can be traced back to work on Māori Custom law,
undertaken by the Law Commission in the 1990s. The Commission’s
began with the appointment in 1993 of a Māori Advisory Committee chaired by
the late Bishop Manuhuia Bennett. The
Commission also took up an
unpublished paper by a member of the Advisory Committee, Chief Judge Eddie
Durie, on Māori Custom Law. This initiative was soon
embraced, with the
Commission’s blessing, by the University of Waikato, which held two
in 1995 under the auspices of the Law
School, bringing together a number of people who would later be associated with
programme and where many of the ideas later incorporated into its
content were discussed.
The programme began well, with the recruitment of an Advisory Panel, a
concept which endured throughout the history of the Institute.
The first meeting
of the Panel was chaired by Chief Judge Eddie Durie and members included David
Oughton, Denese Henare, Dr Matthew
Palmer, Professor Richard Sutton, Professor
MM Durie, Sir Robert Mahuta, Professor James Ritchie, Manuka Henare, Dr Joan
Wharehuia Milroy, Professor Michael Selby, Professor Tamati
Reedy, and the Law School’s Kaumatua, Henry (Binga) Haggie. The
received enthusiastic endorsement.
Unfortunately, for a number of reasons, the Law School was not in a position
to maintain the Programme on its own. Even after the
appointment of Judge
Michael Brown to head the project, it became clear that it would have a better
chance of success and survival
if it were to be detached from the Law School and
established as an independent research institute. In 1997 this was effected,
through the support and expertise of Professor Selby. The new Institute,
soon to be named Te Mātāhauariki, was thus established
stand-alone entity, responsible directly to the Deputy Vice Chancellor of the
University, to take over, implement and then renew
the original contract. Its
mission was to explore the possibilities for the evolution of laws and
institutions in New Zealand to
reflect the best of the values and concepts of
both founding peoples of the state, Māori and European.
Judge Brown’s directorship from 1997 to 2004 saw the recruitment of
additional members to both the Advisory Panel and the Research
Team. As well,
the stimulating discussions of theoretical and methodological questions grew
naturally into more concrete projects.
Collaboration with Te Ariki Tumu Te
Heuheu and his Ngāti Tūwharetoa tribe came to provide a practical
model for scholarly
collaboration. The Te Mātāpunenga research project
grew from the realisation that a base of knowledge about Māori
law was a prerequisite if the Institute were to advance its aim, which now came
to be stated as “exploring ways in
which our legal system might reflect
the best in the concepts and values of both its major founding cultures”.
website, an important instrument for reaching a wider
audience, was created by Wayne Rumbles in this period. Satisfaction with the
work of the Institute
during Judge Brown’s term was such that the Foundation for Research,
Science and Technology (FRST) progressively extended the
funding until June
2007. The long-term funding of this project was again something without
When Judge Brown stepped down from the directorship in 2004, Alex Frame and
Wayne Rumbles acted in his place until, in June 2005,
Dr Frame accepted formal
appointment as director until the completion of the FRST contract in June 2007.
That funding, which ended
with the meeting that provided the stimulus for the
book in which this account appears, was used partly to discover the key
philosophies, beliefs, values, customs, ethics and practices that form
Māori law and jurisprudence. Among other initiatives,
this resulted in a
compilation, launched in an advanced draft form at the symposium, called Te
Mātāpunenga – a Compendium of References to the Concepts and
Institutions of Māori Customary Law. It was hoped that the
Institute’s work might be continued by another agency, focusing on the
practical application of concepts
from Māori custom law within specific
areas of the general legal system, and the development of custom law to meet the
needs of Māori, especially in the areas of tribal and community
tūhonohono – custom and the state
The dual mandate of the symposium, Tūhonohono, held from Friday 22nd to
Sunday 24th June 2007 to mark the end of the FRST-funded
phase of the Laws
and Institutions Programme, was firstly to present the Institute’s
work in the compilation of Te Mātāpunenga: a Compendium of
References to the Concepts and Institutions of Māori Customary Law, and
secondly to provoke discussions relevant to the work ahead.
“Tūhonohono” refers to a bonding, in reference to the
Institute’s object of joining the customary visions of
other New Zealanders in a cohesive, New Zealand jurisprudence. It also describes
the work method for this symposium,
of joining with Pacific scholars to advance
the understanding of custom law and its contribution to state legal
In accordance with the symposium’s first theme, “Finding
Custom”, Te Mātāpunenga was discussed by the Editorial
Board (Alex Frame, Richard Benton and Paul Meredith), and the draft text in CD
format was launched
by Justice David Baragwanath following the opening by His
Excellency the Governor-General, Sir Anand Satyanand. The remaining two
focused on possibilities for future work in relation to the understanding and
application of customary concepts, in the general
law, and in the law particular
to Māori, with papers presented on the Saturday and with open discussions
on the development
of custom on Sunday.
A. Tāngata Māori – Tāngata Pasifika
Those familiar with Māori oratory or the studies of traditional
Māori society will appreciate the Māori sentiment of
a familial bond
with Pacific peoples. Māori stories and genealogies record a period when
Māori lived in the islands, and
still today farewells are made to the
spirits of the recently departed as they begin their return to the Pacific
while Māori have associated themselves with the
experiences of indigenous minorities like Australian Aboriginals and native
North Americans, as in the recent drafting of an instrument on indigenous
peoples’ rights, the Pacific connection is based
more soundly on the bonds
of kinship, common culture and shared oceanic experiences.
Over the last hundred years the bond with the Pacific has been expressed in a
range of conferences and cultural events, extending
to the replication of
traditional ocean voyaging. Early events included the collaboration with Pacific
contingents at the 1906 New
Zealand International Exhibition at Christchurch,
the Rarotongan attendance at the opening of the whare rūnanga at Waitangi
in 1934, and later in that year the naming of an east coast ancestral marae as
Te Hono ki Rarotonga (The Bond with Rarotonga).
The Waikato tribes of the Kīngitanga have taken a leading role in
forging significant personal bonds with leading Pacific families.
renewed at annual celebrations attended by tribes from throughout the country.
Accordingly, in advancing the study of Māori
custom law it was fitting in
organising the Symposium for Te Mātāhauariki to join with Pacific
scholars at the Tainui Endowed
College established by the Waikato people, in
recognition of their commitment to scholarship and the links they have
maintained with the Pacific. Te Mātāhauariki was
particularly grateful to the College, to its then Director, Dr Ngapare
Mr Hemi Rau, as Chief Executive of the Waikato Raupatu Trustee Company, for
hosting this symposium.
B. Ngā Take: Issues
There are also pragmatic reasons for engaging with the Pacific. The more
regular application of custom in the Pacific provides insights
for whom the use of customary institutions and processes for the resolution of
disputes is now rare. But what weight
is to be given to comparisons with the
Pacific when customary practices vary considerably both between and within
Arguably, while the differences appear large for those intimately involved,
the practices stem from values that are relatively uniform
Pacific states, notwithstanding the expanses of ocean between them. Among
differences, which have also to be considered,
the most obvious, in relation to
most Pacific states, is that Māori are a small minority in their country
(presently about 15
per cent of the population). Accordingly, issues arising
from the constraints of majority opinion on the development of custom law
not have the same importance for Pacific Islanders. The differences should not
be exaggerated, however, since Pacific customs
are increasingly affected by
international norms, and even the opinions of aid donors and international
A particular area where Māori and Pacific peoples share a common
interest is in the incorporation of customary values into state
While most Pacific peoples enjoy political control in their countries, and while
most Pacific constitutions expressly
envisage the advancement of Pacific customs
and values, judges frequently do not refer to these in the decisions of courts
states. More frequently, Pacific jurisprudence reflects Western
values and processes, implicitly ignoring any need for people to
feel that their
values are incorporated in the procedures and decisions of their legal
institutions. On the other hand, while Māori
do not have the same political
opportunities to advance their customary systems, some progress has been made in
developing a bicultural
jurisprudence, and Māori values have been
incorporated into general law. By way of comparison, Melody MacKenzie from the
of Hawai’i discussed the incorporation of native Hawaiian
values into general Hawaiian law, where again the native people are
(“Hawaiian Values in State Legislation”).1
In addition, Māori and Pacific Islanders face similar problems in
relation to the conflict between custom and human rights, as
generally in relation to the Pacific by Dr Sailau Suaalii (“Custom and
Human Rights”) and more particularly
in relation to Pacific women and
children by Dr Claire Slatter (“Gender and Custom in the South
Pacific”). The danger
of viewing custom in an uncritical manner caused the
organisers to ask Helen Aikman QC, at the time a Law Commissioner in New
to consider whether custom is, or can be, “conservative”
and, if so, whether that is a strength or a weakness. The Hon
Justice Paul Heath
explored some difficulties in fitting customary principles into the overall
legal system (“‘One Law
for All’ – Problems in Applying
Maori Custom Law in a Unitary State”).
1 In this discussion titles of presentations are those of the papers
presented at the Symposium; most of the presenters are represented
volume, in some cases with substantially revised or new contributions on similar
themes but with new titles.
The opportunity to consider the application of customary principles in
discrete areas of New Zealand law was considered in various
contexts. Dr Grant
Young traced the approach of the New Zealand Land Courts towards Māori
custom (“The Māori Land
Court and Custom”), and Chief Judge Joe
Williams discussed practical issues facing Judges in applying custom today. Dr
Joseph explored aspects of the interface between Māori custom and
State regulatory systems (“The Interface between Māori
State Regulatory Systems – Tikanga Māori and Wāhi Tapu”),
and The Hon Taihakurei (Eddie) Durie discussed
the development of custom law to
serve the particular needs of Māori in relation to the formation and
management of tribal authorities
(“Custom and the Formation of Tribal
Three general issues which Institute researchers found surfacing in many
consultations and discussions with a wide variety of groups
over a long period,
and which the Editorial Board of Te Mātāpunenga found it necessary to
discuss in the Introduction to that volume (which, it is anticipated,
will be prepared for publication in its final form in 2012), were:
(1) The difference between custom (habit/fashion) and customary law
(obligation) and how to find a definition that allows us (contrary
traditions) to call “spiritually sanctioned” norms
(2) Putting to rest a certain Western tradition, still sometimes found
underlying hostility to custom, of calling other systems of
(3) The so-called issue of “Genuine” versus
“Spurious” custom, and the general charge that custom is being
up to suit.
These issues also arose in discussions at the Symposium, informed by the
presentations and also by the notes on Māori custom
law in New Zealand,
distributed to Symposium participants at the outset, and incorporated in Chapter
2 of this volume. The work of
the Institute and the proceedings of the Symposium
are small but we hope nonetheless significant contributions to the task of
a more inclusive, just and equitable society:
“He rau ringa, e oti ai” (With many hands, the job will be
A List of pubLicAtions And pubLic presentAtions by
memBers of te mātāhauarIkI InstItute, 1997–2007
The publications and public presentations of Institute staff and associates
are listed here under five headings: A cites and summarises the main
articles in newsletters; B covers books and chapters in books; C
numbers articles in scholarly journals; D lists occasional papers
published in-house by the Institute; and E gathers together the
addresses, speeches and other public presentations made by Institute members
during the life of the Institute.
A. Newsletters of Te Mātāhauariki Research Institute
A useful guide to the pattern of work at the Institute from 2000 onwards is provided by the newsletters periodically produced under the deft hand of Paul Meredith. The newsletters were supplied to all members of the Institute (Team and Advisory Panel) along with a network of interested persons included on the Institute’s mailing list. They are also available online at the Institute website, which continues to be maintained on the University of Waikato site:
dates of the Issues with a list of the main items in each are set out
Issue 1, November 2000
Introduction by Judge Brown
Collaborative cross-cultural research
Judge Brown’s practical guide to restorative justice
Te Mātāpunenga: Māori legal concepts
Issue 2, February 2001
Te Mātāpunenga work well under way
Judge Brown calls for “national conversation”
Cross-cultural training with Institute for Professional Legal Studies International human rights and the Treaty of Waitangi (Margaret Bedggood) Customary law and the modern legal system
Te Mātāhauariki researcher wins prestigious award
Human rights and the Treaty of Waitangi
Issue 3, July 2001
A new publication “Korero Tahi”
Te Mātāpunenga well received at conference
Kai-Hau: working on an entry for Te Mātāpunenga
Paul Heath QC appointed to Advisory Panel
Two reports on custom law
Africa: coexistence of customary and received law
Issue 4, January 2002
Meredith and Frame present paper to History Conference
Turnbull Library interest in Te Mātāpunenga Rob Joseph returns from trip to North America Website proving useful tool
Alex Frame in Fiji lands case
Issue 5, August 2002
Grey and Iwikau: A journey into custom: launch at Government House
Saying sorry and meaning it (Dr Richard Benton) A study of Ifoga (Leilani Tuala-Warren)
The government of themselves – progress on Dr Joseph’s Thesis
Plan for completion of Te Mātāpunenga
Issue 6, January 2003
“Wiremu Tamihana – Rangatira” – launch of Dame Evelyn Stokes’ book
Te Mātāpunenga: defining customary law
Sir Āpirana Ngata on the Treaty of Waitangi
Sample entries for Te Mātāpunenga
Issue 7, September 2003
Funding for the next 3 years granted: Judge Brown’s announcement
Institute researchers asked to assist Te Puni Kōkiri
Māori customary rights – the hard yards (Dr Alex Frame and Paul Meredith)
Presentations by Institute members on human rights and library resources
Te Mātāpunenga milestone reached: “Proto-Compendium”
“Truth and the Treaty of Waitangi” (Dr Richard Benton)
Issue 8, September 2004
Who was “Nayti”?
Legal anthropologist to visit Te Mātāhauariki
A study of “Europeanised Māori” (Paul Meredith)
Te Mātāpunenga: introducing the Titles (Dr Richard Benton) Ohaaki: a power station on Māori land (Dame Evelyn Stokes)
Dr Frame’s submission to Parliament on Foreshore and Seabed
Issue 9, December 2004
Institute hosts successful Symposium on Polynesian customary law Legal pluralism revisited (Dr Anne Griffiths, University of Edinburgh) Samoan custom (Tui Atua Tupua Tamasese)
Lexicography and law (Dr Richard Benton)
Customary concepts in Māori migration accounts (Dr Frame and Joeliee
Performance and Māori custom (Tui Adams, Alex Frame, Paul
Issue 10, October 2005
He Poroporoaki – Dame Evelyn Stokes
Thanks to founding Director and welcome for new Director
Some lessons from Hawaii (Dr Richard Benton)
Māori ancestral sayings – a juridical role (Joeliee Seed-Pihama) Te Mātāpunenga roadmaps (Dr Richard Benton)
Website major point of contact for end-users (Wayne Rumbles)
Issue 11, October 2006
Advisory Panel member Anand Satyanand appointed Governor-General
Dr Robert Joseph has PhD conferred at University of Waikato
Justice Baragwanath addresses Law Commission on its 20th birthday
“One plus one equals three”, Frame and Meredith address Auckland
Issue 12, May 2007
Te Mātāpunenga completed – Xmas 2006
Institute joins with Tainui Endowed College for Tūhonohono
Tūhonohono programme and background paper
Judge Brown gives Inaugural ANZAC Address
Dr Joseph investigates demand for collaboration with Māori on “governance”
Victoria University Press to publish “Waikato Quartet” Meredith
and Frame invited to adapt 1+1=3 for US publication
B. Books and book chapters authored by Te Mātāhauariki Research
1. Alex Frame, “Sovereignty and Self-determination for Indigenous
Peoples in Multi-ethnic States, with particular regard to
New Zealand and
Fiji”, in Brij Lal and T Vakatora (eds), Fiji and the World,
University of the South Pacific, Suva, 1997.
2. Alex Frame, “Property and the Treaty of Waitangi: A Tragedy of the
Commodities?”, in Janet McLean (ed), Property and the Constitution,
Hart Publishing, Oxford, 1999, Chapter 11.
3. Alex Frame, “Beware the Architectural Metaphor”, in Colin
James (ed), Building the Constitution, Institute of Policy Studies,
Victoria University of Wellington, 2000, pp 426-433.
4. Paul Meredith, “A Half-caste on the Half-caste in the Cultural
Politics of New Zealand”, in Hartmut Jacksch (ed),
Gessellschaft, Hartmut Jacksch, MANA Verlag, 2000.
5. Alex Frame, commissioned biographical essay on Sir Hepi Te Heuheu in
The Dictionary of New Zealand Biography Vol. 5, Auckland University
Press, Auckland, 2000, pp 514-515.
6. Justice Edward Durie, “The Treaty in the Constitution”, in
Colin James (ed), Building the Constitution, Institute of Policy Studies,
Victoria University of Wellington, 2000.
7. Denese Henare, “Can or Should the Treaty be Replaced?”, in
Colin James (ed), Building the Constitution, Institute of Policy Studies,
Victoria University of Wellington, 2000.
8. Alex Frame, “Beware the Architectural Metaphor”, in Colin
James (ed), Building the Constitution, Institute of Policy Studies,
Victoria University of Wellington, 2000.
9. Dame Joan Metge, Korero Tahi: Talking Together, Auckland
University Press, Auckland, 2001. The work draws on the rich resource of tikanga
korero (Māori rules of discussion)
to develop a procedure for managing
group discussion. This is contrasted with “talking past each other”,
which had been
the focus of an earlier book.
10. Wayne Rumbles, “Treaty of Waitangi: New Relationship or New
Mask”, in Greg Ratcliffe and Gerry Turcotte (eds), Compr(om)ising
post/colonialism(s), Dangaroo Press, Sydney, 2001.
11. Alex Frame, Grey and Iwikau: A Journey into Custom, Victoria University Press, Wellington, 2002 (96 pages). An account of the journey overland of Governor Grey and Iwikau Te Heu Heu in 1849-
50, and a study of the nature of customary law and its status in the modern
legal system of Aotearoa/New Zealand.
12. Dame Evelyn Stokes, Wiremu Tamihana: Rangatira, Huia Press,
Wellington, 2002. This book documents the life of Wiremu Tamihana Tarapipipi Te
Waharoa, a great rangatira of Ngāti
13. Alex Frame, “Making Constitutions in the South Pacific: Architects
and Excavators”, in David Carter and Matthew Palmer
(eds), Roles and
Perspectives in the Law: Essays in Honour of Sir Ivor Richardson, Victoria
University Press, Wellington, 2002, pp 277-295.
14. Richard A Benton and Nena BE Benton, “RLS in Aotearoa New Zealand, 1989–1999”, in Joshua A Fishman (ed), Can Threatened Languages be Saved? Reversing Language Shift Revisited: A 21st Century Perspective, Multilingual Matters, Clevedon, Avon, pp 423-
450. Reprinted in Paul Lassettre (Compiler), Language in Hawai’i and
the Pacific, Pearson Custom Publishing, Boston, 2005, pp 355-384.
15. Robert Joseph, “Denial, Acknowledgement and Peace-Building through
Reconciliatory Justice: A Tainui Case Study”, in
W McCaslin (ed),
Justice as Healing: Indigenous Ways. Writings on Community Peacemaking and
Restorative Justice from the Native Law Centre, Living Justice Press, St
Paul, Minnesota, 2005.
16. Richard A Benton (ed), Conversing with the Ancestors: Concepts and
Institutions in Polynesian Customary Law, Te Mātāhauariki
Institute, University of Waikato, Hamilton, 2006. (Details in List D,
17. Richard A. Benton, “Mauri or Mirage? The Status of the Māori
Language in Aotearoa New Zealand at the Start of the Third
Amy BM Tsui and James W Tollefson (eds), Language Policy, Culture and
Identity in Asian Contexts, Laurence Erlbaum Associates, New York, 2007, pp
18. Joan Metge (with Jacinta Ruru), “Kua Tutu te Puehu, Kia Mau:
Māori Aspirations and Family Law”, in Mark Henagan
and Bill Atkin,
Family Law Policy in New Zealand (3rd ed), LexisNexus, Wellington,
C. Articles Written by Te Mātāhauariki Members in Scholarly
1. Richard Benton, “Whose Language? Ownership and Control of Te Reo
Māori in the Third Millennium” (2001) 16(1)
New Zealand Sociology
2. Robert Joseph, “Denial, Acknowledgement and Peace-Building through
Reconciliatory Justice” (2001) in Waikato University
College, Te Taarere
aa Tawhaki: Journal of the Waikato University College, Koroneihana,
3. Joan Metge, “Returning the Gift: Utu in Intergroup Relations” (2002)
111 Journal of the Polynesian Society 311.
4. Joan Metge, “Ropeworks – He Taura Whiri”, Waitangi Rua Rau Tau
5. Robert Joseph, “Challenges of Incorporating Māori Values and
Tikanga under the Resource Management Act 1991 and the
Local Government Bill
– Possible Ways Forward”, in B Midson and G Morgan (eds),
Yearbook of New Zealand Jurisprudence, Vol. 6, 2002–2003,
University of Waikato, Hamilton, 2004.
6. Alex Frame and Paul Meredith, “Performance and Māori Customary
Legal Process” (2005) 114 Journal of the Polynesian Society 135.
7. Joan Metge, “Working in/Playing with Three Languages: English, Te
Reo Māori and Māori Body Language” (2005)
in Chis Shore (ed),
Translations, Treaties and Testimonies: The Cultural Politics of
Interpretation, Special Issue, sites (New Series) 2(2), 83.
8. Alex Frame, “The Fiduciary Duty of the Crown to Māori: Will the
Canadian Remedy Travel?”  WkoLawRw 7; (2005) 13 Waikato Law Review
9. Alex Frame, “Hoani Te Heuheu’s Case in London 1940-41: An
Explosive Story” (2006) 22 New Zealand Universities Law Review
10. Joan Metge, “The Anthropologist as Citizen” (2006) 3(2) sites (New
Series) 60, Jeffrey Sissons (ed), Special Issue Beyond Ethnography.
11. Alex Frame and Joeliee Seed-Pihama, “Some Customary Legal Concepts
in Māori Traditional Migration Accounts” (2006)
12 Revue Juridique
12. Richard Benton, with Mere Roberts, Brad Haami, Terre Satterfield, Melissa
L Finucane, and Mark Henare, “Whakapapa as a Māori
Some Implications for the Debate over Genetic Modification of Organisms”
(2004) (16)1 The Contemporary Pacific 1.
13. Robert Joseph, “Whānau mentoring, Māori Youth and Crime” (2007)
11(1) Childrenz Issues 26.
D. Papers published by Te Mātāhauariki Research Institute as
Occasional Papers and made available on the Institute website
1. Paul Meredith and Rachel Parr, “Collaborative Cross Cultural
Research for Laws and Institutions for Aotearoa/New Zealand”,
Mātāhauariki Institute, Occasional Paper Series, Number 1,
2. Alex Frame, “Property and the Treaty of Waitangi: A Tragedy of the
Commodities?”, Te Mātāhauariki Institute,
Series, Number 2, 2001.
3. Wayne Rumbles, “Africa: Co-existence of Customary and Received
Law”, Te Mātāhauariki Institute, Occasional Paper Series, Number
4. Leilani Tuala-Warren, “A Study in Ifoga: Samoa’s Answer to Dispute
Healing”, Te Mātāhauariki Institute, Occasional Paper Series, Number
5. Rachel Parr, “Te Mātāhauariki Methodology: The Creative
Relationship Framework”, Te Mātāhauariki
Occasional Paper Series, Number 5, 2001.
6. Robert Joseph, “The Government of Themselves: Case Law, Policy and
Section 71 of the New Zealand Constitution Act 1852”,
Mātāhauariki Institute Monograph, 2002. (117 pages)
7. Dame Evelyn Stokes, “The Individualisation of Māori Interests in
Land”, Te Mātāhauariki Institute Monograph, 2002. (227 pages)
8. Robert Joseph, “Comparatively Speaking: A Summary Paper for
Objective 2”, Te Mātāhauariki Institute, Occasional Paper
Series, Number 6, 2003.
9. Tonga Karena, “Cooking the Potatoes”, Te Mātāhauariki Institute,
Occasional Paper Series, Number 7, 2003.
10. Tui Adams, Richard Benton, Alex Frame, Paul Meredith, Nena Benton, Tonga
Karena, “Te Mātāpunenga: A Compendium
of References to Concepts
of Māori Customary Law”, Te Mātāhauariki Institute,
Occasional Paper Series, Number 8, 2003.
11. Joeliee Seed-Pihama, “Māori Ancestral Sayings: A Juridical
Role?”, Te Mātāhauariki Institute, Occasional Paper
Series, Number 10, 2003.
12. Dame Evelyn Stokes, “Ohaaki: A Power Station on Māori Land”, Te
Mātāhauariki Institute Monograph, 2004. (159 pages)
13. Richard Benton (ed), Conversing with the Ancestors: Concepts and
Institutions in Māori Customary Law, Te Mātāhauariki
Institute, University of Waikato, Hamilton, 2006. Proceedings of Te
Mātāhauariki Research Institute’s
Conference at the Fale
Pasifika at the University of Auckland, October 2004:
Introduction: Talking with each other (Richard Benton)
Chapter 1: Customary Law in a Transnational World: Legal
Pluralism Revisited (Anne Griffiths)
Chapter 2: Lexicography, Law and the Transformation of New
Zealand Jurisprudence (Richard Benton)
Chapter 3: Resident, Residence and Residency in Samoan Custom
(Tui Atua Tupua Tamasese Ta’isi Efi)
Chapter 4: Some Māori Legal Concepts in Traditional Migration
Accounts (Alex Frame and Joeliee Seed-Pihama)
Chapter 5: Towards a More Inclusive Jurisprudence for Aotearoa New Zealand: Te Pū Wānanga 1999–2003 (Nena Benton) Chapter 6: Performance and Māori Customary Law (Alex Frame
and Paul Meredith)
14. Transcripts of Te Pū Wānanga Sessions and interviews of which
audiotapes were made and are held in the University archives:
# 1 (8 September 1999) Dr Tui Adams
# 2 (23 March 2000) Bishops Manuhuia Bennett and Whakahuihui
Vercoe with Mr Te Ariki Morehu
# 3 (28 April 2000) Dr Pakariki Harrison (first session)
# 4 (15 December 2000) Mrs Roka Paora, with Drs Tui Adams and Hirini
# 5 (16 March 2001) Sir John Turei with Dr Tui Adams
# 6 (27 September 2001) Mrs Mabel Waititi, with Mr Kevin Prime
and Mr Tukaki Waititi
# 7 (28 September 2001) Mr Tukaki Waititi and Mr Kahu Waititi
# 8 (12 July 2002) Dr Merimeri Penfold (second session; first
was not recorded)
# 9 (18 March 2003) Mr Henare Te Ua
# 10 (5 April 2003) Dr Pakariki Harrison (second session)
# 11 (27 May 2003) Lady Rose Henare and Mr Erima Henare
# 12 (6 June 2003) Dr Ngapare Hopa
E. Addresses, Speeches, and other Presentations made by Members
of Te Mātāhauariki Research Institute
1. Alex Frame, “A Journey Overland to Taupo in 1849 by Governor Grey
and Iwikau Te Heu Heu”. Public lecture illustrated
with pictures to an
audience invited by Ariki Tumu Te Heuheu, Great Lake Centre, Taupo, 1 May
2. Judge Michael Brown and Margaret Bedggood. Presentation on the
Institute’s project, “Laws and Institutions for Aotearoa/New
Zealand”, Australasian Law Teachers Association Conference, University of
Otago, July 1998.
3. Robert Joseph, “Bi-culturalism within a Post-Treaty Settlement
Context”. Paper presented at Te Oru Rangahau Māori
Development Conference, School of Māori Studies, Massey University,
7–9 July 1998.
4. Paul Meredith, “Hybridity in the Third Space: Rethinking
Bi-cultural Politics in Aotearoa/New Zealand”. Paper presented
at Te Oru
Rangahau Māori Research and Development Conference, School of Māori
Studies, Massey University, 7–9 July
5. Alex Frame, “Property and the Treaty of Waitangi: A Tragedy of the
Commodities?”. Presentation at the “Property
Constitution” Conference, Victoria University of Wellington, 18 July
6. Nan Seuffert, “Bicultural Research Methods in Aotearoa/New
Zealand”. Presentation to the “Fields of Knowing”
at Monash University in Australia, 26–29 August 1998.
7. Robert Joseph, “Post-Treaty Settlement Implementation Issues”.
Address at the Te Hunga Roia Māori o Aotearoa Conference,
University of Waikato, 20–23 August 1998.
8. Alex Frame, “Fictions in the Thought of Sir John Salmond”.
Lecture for the “Eminent Victorians” Centennial
Building at Victoria University of Wellington, 31 March 1999.
9. Wayne Rumbles, “Eco-indigeneity and the Complex Person: Ways of
viewing Conflicts between Environmental Discourse and the
Indigenous Rights”, Paper at the Re-imagining Multiculturalism Conference,
Melbourne, Australia, 1–3 October
10. Justice Taihakurei Durie, “The Treaty in the Constitution”.
Speech at the “Building the Constitution Conference”,
Buildings, Wellington, 7–8 April 2000.
11. Denese Henare, “Can or should the Treaty be replaced?”,
Speech at the “Building the Constitution Conference”,
Buildings, Wellington, 7–8 April 2000.
12. Alex Frame, “Beware the Architectural Metaphor”, Speech at
the “Building the Constitution Conference”,
Wellington, 7–8 April 2000.
13. Tui Adams, Alex Frame, Richard Benton, Nena Benton and Paul Meredith.
Addresses at the 20th Annual Australian and New Zealand
Law and History
Conference “Prospects and Retrospects”, University of Waikato,
14. Judge Mick Brown, “We need to have a national Conversation”.
Presentation at 9th International Conference on Thinking, Auckland,
15–19 January 2001.
15. Alex Frame, “Customary Law and the Modern Legal System of
Aotearoa/New Zealand”. Staff Seminar for the School of Law,
Waikato, 21 February 2001.
16. Richard Benton, Alfred Harris and Ngapare Hopa, “Process,
Priorities and Accountability in the Approval and Conduct of Research
Modification”. Presentation to the Royal Commission on Genetic
Modification at a National Hui, Turangawaewae Marae,
Ngaruawahia, on 7 April
17. Robert Joseph, “Section 71 – Law and History”. Paper at
the 20th Annual Conference of the Australian and New
Zealand Law and History
Society, July 2001.
18. Tui Adams, Alex Frame, Richard Benton, Nena Benton, and Mark Henare, made
a presentation at Tapeka, Waihi, at the invitation of
Tumu Te Heuheu on 21 July
2001. Dr Frame presented images and other material relating to Governor
Grey’s visit to Pukawa in
1849–50 and the party engaged in
discussions with the scholars and artists working on the new meeting house at
19. Robert Joseph. Several presentations to First Nation and other
Canadian audiences on Treaty Settlement and other issues in August
20. Paul Meredith. Presentation at the Te Waka Awhina o Aotearoa Hui on 9
21. Dame Joan Metge, Alex Frame and Paul Meredith. Presentation on the task
of compiling Te Mātāpunenga, for the management,
staff and invited
guests of the National Library, at National Library Auditorium in Wellington on
23 November 2001.
22. Paul Meredith and Alex Frame, “Performing Law: Muru and Hakari”.
Presentation to the New Zealand Historical Association Conference in
Christchurch on 1 December 2001.
23. Paul Meredith and Wayne Rumbles, “The Law of Whiteness”. Paper at the Legal Identity Conference in Melbourne, Australia, 10–12
24. Alex Frame gave a speech at Government House, Wellington, on 15
August 2002, on the occasion of the launch of “Grey and Iwikau: A
Journey into Custom”. The Governor-General, Te Ariki
Tumu Te Heuheu and
supporting ope from Taupo, many members of the Judiciary, and the
Vice-Chancellor of the University of Waikato,
Professor Brian Gould, were among
the distinguished guests.
25. Paul Meredith and Alex Frame. Presentation describing Institute’s
work thus far on Te Mātāpunenga to the Annual
Conference of the
Māori Law Society in Dunedin on 30 August 2002.
26. Paul Meredith, with Judge Caren Wickliffe of the Māori Land Court, and Kahui Maranui (National Māori Land Information Systems Manager), “Access to Customary Law: New Zealand Issues”. Presentation at the New Zealand Law Librarians’ Conference, 12
27. Judge Mick Brown, “Facing the Future”. Address to Public Sector
Senior Management Conference on 24 September 2002.
28. Robert Joseph and Tom Bennion, “Māori Values and Tikanga
Consultation under the RMA 1991 and the Local Government Bill
– Possible Ways Forward”. Presentation to the Māori Legal Forum
Conference at Te Papa Tongarewa in Wellington, 9–10 October
29. Alex Frame and Paul Meredith. Presentation the Institute’s work
thus far on Te Mātāpunenga, to Members of Waitangi
Tribunal at their
annual conference in Wellington, 10 October 2002.
30. Richard Benton. Presentations and discussions on the subject of Te
Mātāhauariki’s work at the University of Waikato,
Te Papa in
Wellington, and at the University of Auckland, November 2002.
31. Richard Benton, “Te Mātāhauariki – the Imminent
Dawn: Customary Law in a Globalized Society”. Address
to the Conference on
“Preservation of Ancient Cultures and the Globalization Scenario”,
International Centre for Cultural
Studies (India), 7th Joint Conference, with
the School of Māori and Pacific Development, University of Waikato,
32. Robert Joseph, “Māori Governance”. Presentation to a Transparency
International meeting in Wellington on 6 December 2002.
33. Robert Joseph, “Indigenous Law and its Impact on Globalisation”.
Presentation to the Te Ohu Kai Moana Conference, Wellington, 9
34. Alex Frame, “The Treaty of Waitangi and Ultimate Legal Principles”.
Presentation for Auckland University’s Legal Research Foundation
Conference, Auckland, 10 June 2003.
35. Alex Frame, “Ultimate Legal Principles”. Presentation at
symposium on Human Rights and the Treaty of Waitangi, Victoria
Wellington, 8 July 2003.
36. Paul Meredith and Alex Frame, “The Hard Yards”. Presentation at the invitation of senior Te Puni Kōkiri policy analysts (Ben Paki, Tama Potaka, Denese Henare, Dr John Tamahori) at TPK in Wellington on
24 July 2003.
37. Robert Joseph was co-facilitator of several Treaty of Waitangi Health
Training Workshops: Te Ara Tika Tuatahi – A way forward,
provided for the
Waikato District Health Board between 2003 and 2007.
38. Alex Frame was invited to a discussion on 25 November 2003 at the State
Services Commission in Wellington by Mr Tia Barrett of
the Commission on
publicity and public information concerning the Treaty of Waitangi. The
contribution was subsequently referred
to in the Commission’s
39. Joan Metge, “The Challenge of Difference”. Lincoln Efford Memorial
Lecture, Christchurch WEA, 25 May 2004.
40. Joan Metge, “The Treaty of Waitangi – Then and Now”.
Contribution to a seminar on the Treaty of Waitangi, Cathedral
of the Holy
Trinity, Auckland, 27 June 2004.
41. Alex Frame made a submission on 12 August 2004 before the Select
Committee of Parliament considering the Foreshore and Seabed
Bill. Dr Frame
presented the Committee with the draft of an alternative Bill. The presentation
was the subject of news reports that
42. Joan Metge, with Manuka Henare, and David Williams, also made a
submission to the Select Committee of Parliament considering the
Seabed Bill in August 2004.
43. Te Mātāhauariki’s Research Team presented several papers
at the Institute’s Conference on “Polynesian
Customary Law” at
the Fale Pasifika of the University of Auckland, 10–12 October 2004 [See
List D, above, for details].
44. Alex Frame and Paul Meredith. Presentation on the nature and methods of
Te Mātāpunenga, at the invitation of the Crown
Law Office in
Wellington, 18 November 2004.
45. Joan Metge. “Working in/Playing with Three Languages”, Paper
at the ASAANZ Annual Conference in Auckland, 3 December
46. Joan Metge made a submission to the Parliamentary Select Committee
on New Zealand’s Constitutional Arrangement in 2005.
47. Paul Meredith and Alex Frame presented separate papers on Māori Land
Claims to a Research Wananga held at Te Wananga o Aotearoa,
48. Alex Frame (“Constitutional Issues for Government”) and
Manuka Henare (“Race Relations and Government”)
speakers at the Capital City Forum in Wellington, 5 March 2005.
49. Joan Metge, “He Iwi Tahi Tatou: The Making of a Nation”. Presentation
in a discussion series at St Peter’s Anglican Cathedral, Hamilton, 1
50. Richard Benton. Address on aspects of Māori Customary Law in a
Polynesian context (and the work of Te Mātāhauariki
Institute) to the
Native Hawaiian Bar Association, Honolulu, 6 June 2005.
51. Joan Metge, “Talking together in a Pacific Way”. Addressed to the
LEADR Australasian Conference, Sydney, on 1 September 2005.
52. Joan Metge, “Beyond the Pale: The Anthropologist as Citizen”.
Presentation at the ASAANZ Annual conference, Stout Research
Centre, Wellington, 26 November 2005.
53. Robert Joseph, with Materoa Dodd, “Post-Treaty Settlement Governance Challenges: Independent Dispute Resolution for Ngati Awa”. Presentation at the World Indigenous Peoples’ Conference on Education (WIPCE), University of Waikato, 27 November–1
54. Alex Frame and Paul Meredith, “One plus One equals Three”.
Invited Paper at “One Country-Two Laws”, a
jointly by the Department of English and Auckland University Press, Old
Government House, Auckland, 22 July 2006.
The paper challenged the audience to
examine the dynamic process of cultural interaction.
55. Robert Joseph and Tom Bennion, “Māori Tribal Governance”.
Wānanga presented for the Trustees, Ngāti Raukawa Trust, at Ruakura
Conference Centre, Hamilton, 13 December 2006.
56. The symposium “Tūhonohono: Custom and the State”, Tainui Endowed College, Hopuhopu, 22-24 June 2007, including contributions by Alex Frame, Paul Meredith, Richard Benton, Robert Joseph and Wayne Rumbles published in this volume.