By Jessica Christine Lai

ISBN-10: 3319029541

ISBN-13: 9783319029542

ISBN-10: 331902955X

ISBN-13: 9783319029559

Now greater than ever, indigenous peoples’ pursuits of their cultural background are within the highlight. but, there's little or no literature that comprehensively discusses how current legislation can and can't be used to deal with indigenous peoples’ pursuits. This publication assesses how intangible points of indigenous cultural historical past (and the tangible gadgets that carry them) might be safe, in the realm of a wide variety of latest criminal orders, together with highbrow estate and similar rights, patron safeguard legislations, universal legislation and equitable doctrines, and human rights. It does so by way of concentrating on the recent Zealand Māori. The publication additionally seems to be to the longer term, analysing the long-awaited Wai 262 document, published in New Zealand by way of the Waitangi Tribunal based on allegations that the govt. had failed in its accountability to make sure that the Māori preserve chieftainship over their tangible and intangible treasures, as required via the Treaty of Waitangi, signed among the Māori and the British Crown in 1840.

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Additional resources for Indigenous Cultural Heritage and Intellectual Property Rights: Learning from the New Zealand Experience?

Example text

125. 75 Williams (2003), p. 18. 76 Report of the Waitangi Tribunal on Radio Spectrum Management and Development (1999) Wai 776. The Government did not agree with the Tribunal that it needed to reserve a fair and equitable portion of the 3G frequencies for Ma¯ori, but gave Ma¯ori NZ$5 million to bid for a share. This report goes further than the report on radio frequencies (supra note 74), as it does not just hold te reo Ma¯ori as taonga, but the electromagnetic spectrum itself. 77 Claims Concerning the Radio Spectrum Management and Development (2009) Wai 2224.

150; and Attorney-General v New Zealand Ma¯ori Council [1991] 2 NZLR 129 (CA). See also Paterson (2009), p. 125. 75 Williams (2003), p. 18. 76 Report of the Waitangi Tribunal on Radio Spectrum Management and Development (1999) Wai 776. The Government did not agree with the Tribunal that it needed to reserve a fair and equitable portion of the 3G frequencies for Ma¯ori, but gave Ma¯ori NZ$5 million to bid for a share. This report goes further than the report on radio frequencies (supra note 74), as it does not just hold te reo Ma¯ori as taonga, but the electromagnetic spectrum itself.

Instead, it is usually only superficial and “kitschy”. If cultural identity is determined by shared practices and the “meaning” recognised in these practices, the different “meanings” taken by Ma¯ori and non-Ma¯ori from shared practices derived from Ma¯ori culture potentially fractures the New Zealand identity, creating tensions between the two groups. 2 Appropriation of Ma¯ori Culture in New Zealand At the junction between Ma¯ori and Pa¯keha¯ identities, are crossovers of objects, ideas and knowledge of the indigenous peoples, sometimes argued to be misappropriation.

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Indigenous Cultural Heritage and Intellectual Property Rights: Learning from the New Zealand Experience? by Jessica Christine Lai


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