Indigenous Cultural Intellectual Property position statement

Cultural Collections, Te Tumu Herenga, Waipapa Taumata Rau

Our waka was full
Filled with the memories of the people and places
Touched by all the oceans this waka touched.
Our Library waka

(Robert Sullivan, 2006)

Purpose

This statement puts forward Cultural Collections’ position on indigenous intellectual property, commonly referred to in Australasia as ‘Indigenous Cultural Intellectual Property (ICIP)’. Cultural Collections commits to fostering dialogue and engagement with relevant stakeholders in relation to collections in our care. Cultural Collections undertakes to ensure material is treated and described appropriately, and that collection-related enquiries and concerns may be raised and addressed.

Background

The Cultural Collections group was formed in 2018, bringing together the archives and special collections repositories from across Te Tumu Herenga | Libraries and Learning Services (Library) and the University Art Collection.

Although established primarily for the use of the Waipapa Taumata Rau | University of Auckland (University) research community, Cultural Collections recognises a broad, public responsibility to provide equitable access to the unique material in our care.

In alignment with Waipapa Taumata Rau | University of Auckland's principles, responsibilities, and expectations as expressed in Te Ara Tautika | The Equity Policy, Cultural Collections strives to pursue an open and equitable approach to our work.

Cultural Collections acknowledges Māori ICIP as recognised and affirmed under Te Tiriti o Waitangi.

Cultural Collections commits to the principles of the United Nations Declaration on the Rights of Indigenous Peoples (UNDRIP), in particular Article 31(1):

"Indigenous peoples have the right to maintain, control, protect and develop their cultural heritage, traditional knowledge and traditional cultural expressions, as well as the manifestations of their sciences, technologies and cultures, including human and genetic resources, seeds, medicines, knowledge of the properties of fauna and flora, oral traditions, literatures, designs, sports and traditional games and visual and performing arts. They also have the right to maintain, control, protect and develop their intellectual property over such cultural heritage, traditional knowledge, and traditional cultural expressions."

The ICIP rights of Pacific peoples is given special consideration due to their strong connection to Aotearoa New Zealand through social, political, geographic, and historical links.

Māori rights

Cultural Collections recognises Māori have indigenous intellectual property ownership of their culture, identity, knowledge, and expression, as established in Te Tiriti o Waitangi, and affirmed in the WAI 262 claim report, Ko Aotearoa tēnei (2011).

Guided by these principles, Cultural Collections:

  1. Recognises Māori ICIP rights over taonga, and other items held within the collections in our care.
  2. Welcomes opportunities to collaborate with iwi, hapū, and whanau to ensure items in our care are handled in accordance with appropriate tikanga, and described and attributed correctly.
  3. Commits to respecting any access and use conditions, or restrictions, which may be applied.

Pacific peoples' rights

Due to the role and relationships of Aotearoa New Zealand within the Pacific region and recognising the wealth of Pacific content within the collections, Cultural Collections affirms the indigenous intellectual property rights of Pacific peoples.

Guided by the principles within the UNDRIP, especially Article 31 (1), Cultural Collections:

  1. Recognises the ICIP rights of Pacific peoples to their tangible and intangible intellectual property held within the collections in our care.
  2. Welcomes opportunities to collaborate to ensure items in our care are appropriately cared for and described and attributed correctly.
  3. Commits to respecting any access and use conditions, or restrictions, which may be applied.

Summary

This document signals Cultural Collections’ respect for Māori and Pacific peoples’ fundamental and inalienable ICIP rights to their tangible and intangible cultural heritage. We commit to, and encourage, meaningful engagement with the cultural stakeholders of collection items in our care.

Although specifically focused on Māori and Pacific people and their ICIP, the principles expressed in this statement extend to all cultures represented in Cultural Collections’ holdings.

As a work in progress, we will continue to refine and develop this statement through continued dialogue and collaboration with communities who have a connection to collection items.

References

Sullivan, R. (2006) Te Tumu Herenga.

The University of Auckland. (2022). Te Ara Tautiki | The Equity Policy.

United Nations. (2007). Declaration on the Rights of Indigenous Peoples (UNDRIP).

Waitangi Tribunal. (2011). Ko Aotearoa tēnei: A report into claims concerning New Zealand law and policy affecting Māori culture and identity.