Copyright is owned by the Author of the thesis. Permission is given for a copy to be downloaded by an individual for the purpose of research and private study only. The thesis may not be reproduced elsewhere without the permission of the Author. WbakapiimauTe Mauri Values-based Maori Organisations A thesis presented in partial fulfilment of the requirements for the degree of Doctor of Philosophy In Maori Studies at Massey University, Palmerston North New Zealand Colin Knox 2005 KARAKIA MO TE ATA NU H~mi Te Peeti Maramarama te ata Te ata Ki uta Maramarama te ata Te ata ki tai Maramarama tt Nuku Maramarama tt Rangi Kia tU te ihiihi Kia tU te wanawana Kia tU te ohooho Tenei te tangi a te manu Korori, korora Kia ata tangi mai Kia ata rongo mai Kia whakahoro mai Te arongo 0 te Ha Tena te Po Nau mai te Ao! Kui! Kui! Whiti whiti ora! I(J Abstract The political and economic history of New Zealand since the turn of the nineteenth century has been characterised by the colonisation of the indigenous Miiori people by settlers mainly from Britain. In 1840 the British Crown and representative Miiori Rangatira signed the Miiori language version of the Treaty ofWaitangi, which guaranteed to Miiori continuing ownership of their land and natural resources, and self determination under the protection of the Crown, What Maori did not know in signing the Treaty was that already thousands of new settlers were being recruited in Britain on the promise of a paradise, where vacant land could be purchased cheaply and every man was the equal of his master. While the Miiori population was in decline following the introduction of disease and the musket, the immigrant European population exploded. It established a Westminster styled Government which in its early years included no Miiori, and passed laws which over the next 50 years alienated Miiori from 95% of their land, prevented Miiori from accumulating capital and participating in the most rewarding industries, and imposed alien social institutions on a previously well organised and successful people. For many Miiori in the twenty-first century, the legacy of colonisation has been either marginalisation in rural communities on land frozen by legal structures which run counter to traditional values and procedures, or migration to towns and cities where employment opportunities are mainly in less skilled work and subject to variation in the economy. This thesis examines the extent of the displacement of the institutions of Miiori society and its impact on the development of Miiori land and other assets. It proposes an approach which could assist shareholders' in Miiori land to reassert traditional values and tikanga and promote collective decision making, while gaining understanding. of the concepts and language of business and organisations and a skill base for greater participation in the organisations which own and manage their assets. The research results are promising, with participants in a research project accepting an approach to governance and organisation which bridges tikanga and modem business structures. There is evidence from an extended case study that the approach engenders a confidence which has positive social and cultural outcomes while encouraging the development of Miiori land. III Acknowledgements There are many people and institutions whose generosity and understanding allowed this project to be completed. First and foremost are the people who participated in the wananga called WhakapUmau Te Mauri, and their hapU. By agreement they are not identified, but they know who they are and my gratitude to them is acknowledged because their support and enthusiasm was the main source of motivation throughout three years of field work. Three organisations have supported the work substantially: Crown Forestry Rental Trust, Te Puni K6kiri, and Te Wananga 0 Raukawa The hundreds of people who have participated in WhakapUmau Te Mauri have acknowledged their nianaakitanga. Within these institutions, Karen Waterrus, former Chief Executive of Crown Forestry Rental Trust, John Paki and his staff from Te Puni Kokiri, and Whatarangi Winiata from Te Wananga 0 Raukawa have personally supported the project and I am very grateful to them. Kaumatua from Ngati Raukawa have been generous with their time and practical support, and the presence of Iwikatea Nicholson, Ngawini Kuiti and Whatarangi and Francie Winiata at the opening or closing of each wananga made a huge difference to the credibility of the research team. The presence of local koroua and kuia to support their whanau as well as the kaupapa was also important to the ahua of each wananga The clear advice of Iwikatea on tikanga kept the research team safe in many situations where mistakes could have been made. It was my very good fortune to persuade Professor Mason Durie to supervise this research, and his patience and good humour as well as his advice and direction added great value. The field research required considerable organisation and practical support. The team of Murray and' Tiare Moses, Laurie Te Nahu, Mereana Parkinson and also Michael Ross and Hemi Te Peeti worked without complaint, and made the project enjoyable as well as rewarding. In the background, but no less important, has been the support of my family and my friends. In particular my wife Helene Wong and colleague Giles Brooker who commented on various drafts, and whanau Gabrielle Rikihana and Anihaera Armstrong who gave constant encouragement, will share my joy that this project has come to an end. iv Table of Contents Chapter One Introduction to the Research Topic Introduction Hypothesis One 5 Hypothesis Two 6 Research Question 8 What is Maori Land? 9 Whose Land? 9 Best Outcomes? 11 Approach To The Research 12 Summary Of Chapters 13 Chapter Two The Dynamics of Maori Society Pre 1800 Introduction 16 External Factors 17 Culture 18 Vision and Leadership 25 Structure and Delegation 27 Information and Control 29 Reward and Motivation 30 Strategic Relationships 32 Transformation Processes 35 Exchange and Wealth 37 Performance Management 38 End Results 40 Chapter Three The Dynamics of Maori Society - Post 1800 Introduction 44 External Factors 44 Culture 46 Vision and Leadership 52 Structure and Delegation 56 Information and Control 61 v Chapter Three (cont'd) Reward and Motivation 63 Strategic Relationships 65 Transformation Processes 66 Exchange and Wealth 70 Performance Management 79 End Results 82 Chapter Four Research Methodology IntroduCtion 86 Research Methodology 86 Designing The Research Project 93 Ethical Issues 97 Whakapumau Te Mauri 99 Powhiri For Participants and Facilitators 100 Whakawhanaungatanga 100 Hangaia Te Kaupapa 100 Survey of Values of Participants 101 Situation Analysis 104 Worst Case Scenarios 107 Kowhai Raparapa 108 Action Planning 109 Difficult Situations 109 Negotiation Strategies 110 Analysing Maori Organisations 112 Capabilities of Trustees, Directors and Executives 112 Selection of Research Locations 113 Conclusion 114 Chapter Five Quantification of Responses Introduction 117 Powhiri For Participants and Facilitators 117 Hangaia Te Kaupapa 120 Values Survey 130 Situation Analysis 132 Worst Case Scenario 136 vi Chapter Five (cont'd) Chapter Six Chapter Seven Bibliography Appendix One Appendix Two Appendix Three Kowhai Raparapa Action Planning Difficult Situations Negotiation Strategies Analysing Maori Organisations Capabilities of Trustees, Directors and Executives Conclusion Case Study Introduction Background to Case Study The Whanau The Land Whakapumau Te Mauri Wananga Research ·Findings The Development Plan Conclusion Discussion and Conclusions Introduction The Research Question The Research Approach Hypothesis One Hypothesis Two External Barriers Internal Barriers - A New Approach Practical Limitations Conclusions Statements of Values and Cultural Imperatives Survey of Values Situation Analysis Symptoms 138 142 143 145 146 154 157 164 164 165 168 169 170 183 189 190 192 193 195 202 203 206 214 217 vii Tables 1.1 A verage Land Block Area " J 3.1 Land Confiscated Following Land Wars 72 5.1 Transforming Negatives Into Positives 138 5.2 Example of Kowhai. Raparapa Outcome 141 5.3 Taking Control of the Education of Our Children 140 5.4 Analysis of Traditional and Legislated Organisations 148 5.5 Capabilities of Trustees, Directors and Managers 155 5.6 Learning Relevant to Maori Organisations 159 5.7 Comparison ofMaori and Pakeha Approach to Business Organisations 161 6.1 Mere's Whanau Statistics 166 6.2 Hangaia Te Kaupapa 170 6:3 Situation Analysis - Critical Issues 173 6.4 Worst Case Scenario 176 6.5 Developing Objectives 177 6.6 Capabilities of Trustees Directors and Executives 181 6.7 Appointment of Trustees and Directors 182 6.8 Reporting to Shareholders 183 6.9 Introduction of Strategic Plan 183 6.10 Strategic Analysis Format 185 6.11 Tourism Business· 187 7.1 Hangaia Te Kaupapa 198 7.2 Maori Centred Tourism - Values 199 7.3 US Department of Commerce Code of Ethics 200 7.4 Ethical Shareholder Relationships 200 7.5 Average Land Block Area 203 7.6 Capabilities of Organisation Leaders 209 viii Diagrams 3.1 Number of Students by Ethnicity in 2002 52 3.2 Rate of Conversion of Maori Land to Other Tenures 73 5.1 Frequency of Topics for Discussion 121 5.2 Role ofFacilitator 124 5.3 Responsibilities of Participants 125 5.4 Tikanga of the Wananga 126 5.5 Support for Core Values 130 5.6 Critical Issues in Miiori Organisations 1"'''' ."." 5.7 Critical Issues in Vision and Policies 135 5.8 Tikanga Piikehii Meeting Procedure 153 5.9 . Ukanga Miiori Hui Procedure 153 6.1 Whiinau Relationship 165 6.2 Support for Core Values - Case Study 172 ~.3 S\.Jfport for Core Values - All Wananga 173 6.4 Business Ownership Model 188 7.1 Support for Core Values 197 7.2 Values Based Approach To Organisational Development 207 ix Glossary of Miori Terms ahu aroha atawhai awhi awhina hangaia te kaupapa harakeke hohou rongo hui hui taumata .i~i kainga kai moana kainga kaitiakitanga karakia kaumatua kaumatuatanga kaupapa kawa kete matauranga kowhai raparapa kura . mahi tahi mahi-a-ngakau reasons mahinga kai mana manaaki manaaki tetahi i tetahi manaakitanga manuhiri maoritaDga marae matauranga muru Ngapuhi Dui tonu P§keha pito powhiri tend, foster love, sympathy show kindness embrace, foster, cherish help, assist building the agenda flax making peace meeting, gathering meeting of leaders local people Seafood home protection, caring prayer-chant, service respected elder respect for elders basic idea, topic, plan ceremonial basket of knowledge yellow adhesive notes (e.g. 'Post-it' notes) school work together work done for heartfelt cultivation power, influence entertain, befriend generosity toward each other generosity guest, visitor Maori culture meeting ground knowledge plunder, rub out, forgive the iwi ofte tai Tokerau not Maori, European end, navel welcome purutanga rangatahi rangatira rohe ropu tuku iho runanga takawaenga take tamariki tamariki and mokopuna tangata tangata whenua tangihanga taonga . tauiwi taumata tautoko te ara tika te reo Maori tiaki tika me po no tikanga tiki pounamu tuku iho topuna okaipo utu waiata wairuatanga whakahuihui whakaiti whakamana whakamartimaru whakangungu whakapapa whakarite mana whakawhanaungatanga whanau whanau whanui whanaungatanga whenua holding young people chief district traditional group (whlinau, hapii, iwi) assembly, debate go-between, mediator cause, subject for discussion children children and grandchildren, not necessarily of direct descent people local people burial ceremony property, treasure, artefact foreigner high place, speakers' bench support the right path Mliori language guard, keep right and proper custom, rule, principle carved greenstone ornament handed down grandparents and older generations mother, place of nourishment value, price, revenge song spirituality gathered humble honour shelter defend, protect genealogy legal contract acknowledging family ties family extended family family ties land xi Chapter One - Introduction to the Research Topic Introduction Since settlement by European settlers around the beginning of the nineteenth century, Maori have been progressively and purposefully displaced as major land owners of New Zealand. By the beginning of the twenty-first century Maori had retained only a small fraction of the land they once owned, and there were numerous barriers to its economic development. Some of the barriers related to the poor social and economic status of Maori relative to Europeans, which raised issues such as funding development. Additionally; the land left in Maori hands Was of poor quality and unsuited for most agriculture. But perhaps the major barrier to land development has been the displacement of Maori customs and culture by European laws and processes which have obliged Maori to adopt a governance and organisation model which is inappr6priate and, in many cases, ineffective .. This thesis investigates: • the traditional ways in which Maori society was organised prior to the signing ofTe Tiriti o Waitangi in 1840, and the values and tikanga which underpinned it; • the ways in which Maori society was changed by the ingress of Europeans from the early nineteenth century, and the implications for the Maori economy; • the inadequacy of the Pakeha organisational model under which most Milori activities have been conducted since the mid twentieth century; • the barriers to the development of much rural Milori land which currently prevent Maori from utilising their assets to best advantage; and • a new approach to Miiori organisations which will result in better outcomes for the owners of Maori land. Chapter One introduces the investigation, discussing the reason why the study was undertaken, the significance of the subject in terms of Miiori development, and setting out the research question, two hypotheses, and the approach to the research. The initial thinking about this research project began in 1998 during discussions at Te Wananga 0 Raukawa around a perceived threat to the survival of whanau and hapii, and in particular to the values and customs by which they operated. These important Maori institutions appeared to be under attack from several directions. I) There was the pervasive encouragement of individualism as opposed to a collective focus, which had been introduced by the new settlers and continued in social policy as well as mass advertising and popular literature which extols the virtues of the rugged individual. The focus on self, rather than family or community, seemed to gain increasing dominance. 2) At a conference held at Massey University in July 1998 (Te Ora Rangahau)l many of the papers presented by Maori academics and opinion leaders related to an ongoing erosion of a Maori way of looking at the world, and a continuing trivialisation of Maori spiritual or cultural values through widespread refusal by Government and its agencies to accept their validity. (See Mutu2, for example.) 3) The constant undermining, devaluing and casual ridiculing of Maori traditions and values has had its impact on tikanga Maori as a daily reality in the conduct of Maori business, education and home life. After decades of Miiori ways being unfavourably compared with Pakeha ways (see Hohepa\ many if not most whanau and hapu have adopted European procedures for the conduct of business. The situation may have been reached where whanau and hapu were unable to manage their land and other assets in a way which reflected the traditional values and protocols which have survived for· centuries. The situation of Maori land appeared to encapsulate. many of the adversities and issues faced by Maori after one hundred and fifty years of colonisation by Europeans. The almost complete alienation of Maori from their most fertile land was completed within fifty years of the introduction of the Treaty ofWaitangi in 1840. The Native Land Court began the fragmentation ofMaori land in 1865 through proces~es which overturned user-rights as the basis of inheritance and succession. The introduction of statutory boards and government agencies to manage Maori farms introduced legal structures and meeting procedures which undermined traditional leadership, the tradition of collective decision making, and the values and tikanga on which they were based. Customary governance models were displaced by those introduced by the settlers. Official reports suggest that most Maori land is under-utilised or under-developed. Te Puni Kokiri reported the following regarding the Maori freehold land base4: • Approximately 1.5 million hectares • 5.6% of the total New Zealand area • 95% concentrated in the North Island • An estimated 600 hectares (40% of total Maori land) are under-developed 2 • 50% ofM~ori land (25% of all land blocks) is vested in ahu whenua trusts • 20% ofland (64% of all land blocks) has no formalised administrative structure • 9% of Maori land (134,000 hectares) is managed by the Maori Trustee office Only 0.4% of Maori land is classed as prime, having virtually no limitations to arable use. A further 2.7% is good land with slight limitations to arable use and 5.7% has moderate limitations to arable use, restricting the crops that can be grown. The remaining 91.2% of Maori land is severely limited, with 13.3% classed as having severe limitations or hazards for any agricultural uses. Many of the land blocks are relatively small, as Table 1.1 shows6: Table 1.1 Average Land Block Area Total ~aori Land (ba) No. of Land Blocks Ave. ha Per Block Tai Tokerau 139,873 4,889 29 . Maniapoto 143,388 3,594 40 Waiariki 4256,595 5,074 84 Tairawhiti 310,631 5,320 48 Takitimu 88,608 1,254 71 Aotea 334,207 3,710 90 Te Wai Pounamu 71,769 1,795 40 Ministry of Agriculture and Forests statistics7 show that most Maori land is owned by at least twelve owners, creating difficulties for development of the land. Maori freehold land comprises about one and a half million hectares - almost 6 percent of NZ's land mass. There are 26,487 blocks of Maori freehold land divided among 2,739,912 ownership interests. Nearly 70 percent ofMaori land blocks have less than 50 ownership interests. They have an average of 12 ownership inter~sts each. However, at the other end of the scale, more than 500 Maori land blocks have a thousand or more ownership interests each, with one block having 12,818 ownership interests. These statistics summarise the consequences of government policies in the nineteenth century to alienate Maori land, followed by government policies to allocate title and settle Maori by the first quarter of the twentieth century on what land was left. There has been widespread transfer of whanau and hapu owned assets into organisations such as Trusts and Maori rncorporations~ The predominance of these legislated governance and management structures was in various ways intended to provide protection for Maori land from neglectful, or sometimes intentional actions of leading shareholders, to the detriment of the majority. However these institutions, albeit well intentioned, conduct their affairs within a 3 framework which normalises tikanga Pakeha business and decision making models in a manner which is arguably antithetical to tikanga Maori. While there are many barriers to the development of Maori land there are also many positive motives for undertaking development. Some are suggested by M H Duries and include the following as goals for Maori social progress: • Positive participation in society as Maori; • Positive participation in Maori society; • Vibrant Maori communities; • Enhanced whanau capacities; • Maori autonomy (Tino Rangatiratanga); • Te Reo Maori used it). mUltiple domains; • Practice of Maori culture, knowledge and values; • Regenerated Maori land base; • Guaranteed Maori access to clean and healthy environment; • Resource sustainability and accessibility. Many of these goals assume a traditional connection between Maori and the land. They assume a place where a community can gather to declare its identity, carry on its important rituals, tell the stories of its ancestry and history, and teach its culture and values. It is therefore important that social and cultural considerations are satisfied while ensuring that land development is viable. The history of land use by Maori is by no means negative. It includes a period of highly successful agriculture and horticulture on a significant scale (see Sutch9.) Firth10 noted that "Maori tribes [pre 1840] were involved in extensive agriculture, milling, shipping and trade as they readily adopted the n~w technology while maintaining economic independence." Eyery village was able to sustain itself through cultivation, hunting and trapping, and gathering natural foods. The impressive history of Maori agriculture, and the relatively inglorious circumstances oftoday suggest two hypotheses for research. The first of these arises from the deprecation of tikanga Maori, its values and important protocols; and assumes that there are within tikanga Maori certain elements which have proved to be imperative to the survival and well being of whanau and hapii. 4 Hvpothesis One: Where Maori organisations fail to observe the important values and protocols of tikanga Maod they become dysfunctional and debilitated in that they fail to meet critical objectives. Where tikanga is restored, then Maori organisations will become functional and robust. Supporting this hypothesis were several pieces of research and a number of official reports, among them a report by the Maori Health Commission ll to the Minister of Maori Affairs concerning the delivery of health services to Maori: The second point to emerge was values. These are the things that make us unique as Maori, are part of our identity as Maori, and must remain paramount within any contemporary health framework. The values are: (a) Maori identity - the recognition of'Maori as Maori' as a part of New Zealand society. Maori identity is upheld through whanau, hapu and iwi. (b) Whanaungatanga - whanaungatanga is a basic construct ofTe Ao Maori and provides a sense of belonging, identification and collective strength. Whanaungatanga must always be an integral part of any health service provision for MOOri. (c) Wairuatanga - wairuatanga is the life force that exists within us that has brought the past into the present for the future." A 1997 report to Te Puni Kokiri12 on the success of iwi service providers asked "what are the determinants of Maori provider success across education, health, employment and training?", and found the following factors for successful iwi and Maori organisations: The overarching facilitators of success identified by the providers were: .• Being guided by the vision as handed down by ancestors • Being able to determine your own future • The operationalism ofMoori values and practices • Relationships· with others are based on mutual respect, equality, clear understandings and clear parameters • Collaborative relationships with other organisations and agencies to ensure that providers are not competing with· one another within competitive funding and policy regimes • Regular self-evaluation using both formal and informal methods • Recognition by external evaluators of the providers' kaupapa and values • Recognition of providers as credible • Policy that provided providers with a stable yet flexible funding environment • Policy that included input from providers' whanau, hapu, iwi and Maori communities Despite the different fields of endeavour, the opinions of Maori providers of social services regarding the factors which drive their success are valuable to a study of organisation development. They underline the importance of researching customary Maori values and tikanga to investigate their relationship to the performance of Maori organisations today. For example, the Maori Multiple Owned Land Development Committeel3 (MMOLDC) of the Maori Economic Development Commission which was established by the Labour Coalition 5 Government in t 988 reported a philosophy which recognised the intense spiritual significance land holds for Maori and suggested that: Maori land development cannot be dissociated from Maori human development in all of its cultural, social, economic or political form. Te Puni Kokiri also received a report on "factors inhibiting or impeding Maori economic developmene4" which measured post school qualifications, Maori unemployment, self­ employment and median Maori income as indicators of economic position. The findings were analysed under the following paragraph headings: 1. SkillslManagement 2. Resources (Money, Assets, People, Information) 3. Legislation/Government 4. Organisational Structures/Processes 5. Non-Maori Values 6. Maori Values -7. Finance 8~ Less Important Issues - Socio-economic factors, Politics and History While accepting the importance of headings 1 - 7, this thesis suggests that socio-economic factors, politics and history have also been critical issues for whanau and hapu attempting developments on Maori land. In particular, the displacement of customary Maori values and tikanga by Pakeha rules and processes has created tension and instability in many Maori organisations, and has led to poor outcomes. The second hypothesis relates to specific difficulties which have arisen with respect to Maori land. Hypothesis Two There are real barriers to the development of rural Maori land: External barriers Internal barriers • Location, size, suitability for agriculture and horticulture • Lack of capital, current indebtedness • Inappropriate governance structure for development activities • Lack of skill, knowledge and experience in land use or management • Lack of trust and satisfaction of owners with each other and there is an approach which will allow Maor; land owners to overcome these problems. This hypothesis suggests that there are two kinds of barriers to the economic development of Maori land; external and internal. External barriers are rarely within the scope of shareholders to adjust. For example, the reluctance of financial institutions to lend money for the development of Maori land, its current indebtedness, the size and suitability of land blocks for 6 ­ agriculture, the remote location of many land blocks, and the large number of owners of some relatively small land blocks are all matters which cannot be addressed directly by shareholders. In 1907 Apirana Ngata and Robert Stout were appointed as the Stout-Ngata Commissionl5 looking into the state of Maori land, and wrote: The spectacle is presented to us of a people starving in the midst of plenty. If it is difficult for the European settler to acquire Maori land owing to complications of title, it is more difficult for the individual Maori owner to acquire his own land, be he ever so ambitious and capable of using it. His energy is dissipated in the Land Courts in a protracted struggle, first, to establish his own right. to it, and, secondly, to detach· himself from the numerous other owners to whom he is genealogically bound in the title. And when he has succeeded he is handicapped by want of capital; by lack of training ... In 1998 the MMOLDC I6 identified title fragmentation as a problem: . Historical factors include the problems flowing from the introduction of individualised litle for Maori land last century, and the decisions made by the Maori Land Court implementing successive legislation. Problems of succession and title fragmentation have contributed to land being alienated or abandoned. Rates arrears have been a major reason for land being alienated. Changes to legislation, and attempts to overcome the worst problems of multiple land ownership, have been only partially successful. The problems involve a large and growing number of people. Nearly two million separate ownership interests are now registered for Maori land. Where there are many owners of relatively small land blocks owners may be unwilling to . assume personal responsibility for debts (such as rates or land taxes) which steadily accrue to the land. Maori land which is encumbered by such debt effectively paralyses owners in their desire to develop the land. Recently, however, there have been moves to remove this barrier. In a bid to encourage owners to take action formerly considered beyond their financial capability some local authorities have resolved to remit arrears in land taxes and waive further taxes until the land is brought into development. For example, the Far North District Council l7 has recognised that the nature of Maori land is different to General Land and has formulated policy to deal with some of the issues. Subject to the land and its ownership meeting certain, criteria, owners may be eligible to receive rating relief either in the form of a remission of rates for a maximum of three years, or the postponement of rate arrears. Internal barriers relate to matters such as the lack of management skill and experience of many resident land owners. This poses a major difficulty for land owners contemplating the development of their assets. For a variety of reasons there will be considerable variation among owners in the level of skill, knowledge and experience they can bring to the governance and management of their assets. 7 Some of these reasons are associated with the relocation of many Miiori of working age to the towns and cities in search of more certain and rewarding employment. Rankin-Kawharu 18 refers to the inadequate income some family obtained for working on the farm: The economics of that time made it increasingly difficult to keep up with such things as mortgage payments. Advice from Miiori Affairs Department field officers, whilst being pertinent to good farming practice, was not geared to accounting for management of income relative to debt. When better employment opportunities and incomes beckoned, both at the local freezing works and the dairy factory at Moerewa and at Ohaewai, and further afield in Auckland, small holdings were increasingly being left, particularly by the young. Other reasons involve the complexity of achieving informed decisions from descendants of the original owners, who have inherited their interests and may have little experience or knowledge of comVlercial matters, or of legal structures and meeting procedures. The MMOLDC I9 observed: Current shareholders in multiple-owned land still face the problems of disputes and the need to gain agreement for any development, not only from all shareholders, but also in most cases from the Miiori Land Court... Often they lack basic management skills including the awareness of where to go to for heIp . • ' > While some Miiori multiple owned land has been developed in innovative ways, and some land is under-developed by the deliberate choice of its owners, there is anecdotal evidence that an increasing proportion of the remainder is being abandoned by its owners ... Governance structures and meeting procedures based on the Pakeha model rather than the more familiar hui may appear to be more efficient, but in reality are not inviting to shareholders. Communication with share\1olders has become a major problem for some land blocks, causing uncertainty and reluctance to develop on thepart of trustees. Research Question The exploration of these two hypotheses will provide information to answer the over-arching research question: Is there a new approach to Miiori organisations which will lead to best outcomes for the owners of Miiori land? In addressing this question there are some preliminary issues which need' to be explored, namely: • What is Miiori land? 8 • Who are the owners of Maori land? • What does "best outcomes" mean? What is Maori Land? "Maori land" is a term which has been discussed extensively and variously defined, but for the purposes of this thesis the definition in the 1980 report of the Royal Commission on the Maori Land Courf° is the most suitable: . .. that which has never been alienated from Maori ownership and is still multiply­ owned, predominantly by Maoris . The fundamental concept is multiple ownership. Whose Land? In accordance with the traditional Pakeha point of view, the owners of an area or block of land which is defined in a legal title are the people whose names appear on the title deed as owners. They may be individuals or registered as members of an organisation which has title to the land, or the owner may be a legal entity such as a limited liability company, incorporated society, Maori incorporation, or Trust. The reality, however, is not so simple. Maori user-rights were traditionally granted to whanau but reverted to hapii if usage ceased. Since the establishment of the Native Land Court under the Native Lands Act 1865 to impose the English system of individual freehold title, title to Maori land was allocated to a small group among all of the whanau who had traditional user-rights. The court also decided which whanau would succeed to the land and how it would be partitioned among the registered owners. The legislation was changed in 1983 with emphasis on retaining what little land was left in Maori hands, and was subsumed in the Te Ture Whenua Act 1993, The inherent problems of succession by all of the children of both :parents are not addressed by the legislation, and . fragmentation continues at an increasing rate with each new generation of shareholders. Furthermore, the records of the Maori Land Court are not always accurate when it comes to identifying the entitlement to succeed to Maori land, and are not always available for inspection. The result is that there is sometimes uncertainty with respect to the accuracy and completeness of records of ownership. For example Rankin-Kawharu21 cites difficulties in tracing owners in Oromahoe. Other difficulties can arise when members of a hapu or extended family which has been associated with the district in which a particular area or block of land is located may believe that they have a legal claim to share in the block, even though their direct ownership link is unclear. There are numerous small blocks of land which remain vacant because of confusion over the entitlement of possible owners. 9 ­ The uncertainty over entitlement has two effects which may be negative for land development. First, there is the confusion over ownership which might be the source of later challenge, particularly if the development is successful (there is a saying that "success is relative - the more success, the more relatives"). Second, there may be the assumption that the extended family has the ability to exert influence on an owner with respect to possession, use or disposal of the land. Their influence may be through their right to participate in hui held at their marae, or through their position as respected leaders or contributors to the affairs of the whanau and hapu of the district. Other factors affect progress in development. For example, a considerable proportion of Maori land has so many owners that it would not be able to return a significant dividend to them as individuals even if it was developed to its greatest commercial potential. This naturally lessens the Interest of owners in taking any commercial risk which might be associated with developing their land. A further factor is that where the agreement of the owners of Maori land is required before any signific~nt modification to possession, use or disposal can be carried out, there may be a number of other interested parties, both Maori and Pakeha, who are stakeholders in the land and whose prior involvement is required. Stakeholders are people or organisations who demonstrate the ability to interfere with an owner's property rights, often because they consider that they (or a community whom they claim to represent) will be adversely affected by some aspect of the (official) owner's current or proposed possession or use or disposal of the land. This interference may be supported by statutes or regulations made by government or other agencies which are legally entitled to interfere with an owner's rights, and there is a host of planning restrictions and by-laws which exist precisely for this purpo~e. To the extent that stakeholders are able to influence owners in exercising their rights they can be considered to have partial ownership of the land (see Kujala22). For Maori land owners dealing with these legal complications can be a daunting prospect and can make procrastination a more attractive option. Finally, because much Maori land remains undeveloped it is often the last remaining evidence of the natural landscape of New Zealand, and so may be under pressure from public interest groups to remain untouched. For example, the settlement of Ngai Tabu claims through the Treaty of Waitangi Tribunal is explained by the Department of Conservation23 in a news bulletin (undated): The Crown's settlement with Ngai Tahu (Ngai Tahu Claims Settlement Act 1998) recognised the Crown's failure to honour obligations made over the last 150 years. It aimed to restore the mana of Ngai Tahu and restore the honour ofthe Crown by settling 10 historical grievances. To date, Ngai Tahu is the biggest land based claim the Waitangi Tribunal has considered and required several years of hearings and negotiations. The full and final settlement between the Crown and Ngai Tahu covers many aspects, including an apology by the Crown for its grave wrong-doings and a redress package of cash, land and new legal provisions. The settlement had considerable implications for the Department of Conservation and the land it manages. The settlement has provided the basis for mutual co-operation and partnerships in conservation between Ngai Tahu and the Crown. The Minister and the Director-General retain all their current functions and responsibilities under legislation including final decision-making. Ngai Tahu has gained greater input into conservation management through legislation aild guaranteed representation on bodies such as species recovery groups, regional Conservation Boards . and the New Zealand Conservation Authority. The settlement clearly set out what is expected of the Department with regard to respecting Ngai Tahu values and consulting with Ngai Tahu over matters of mutual interest. Ownership of some land administered by the Department has been transferred to Ngai Tahu. Where appropriate, public access and conservation values have been protected and preserved. Within the rhetoric lies the official view that Ngai Tahu land now represents such a scarce resource for all New Zealanders that it cannot be given back to its rightful owners. The value of the settlement to Ngai Tahu, although largely symbolic, is immense in terms of mana whenua, but the iwi's ownership ofthe land is an illusion. Best Outcomes? It is not only the Pakeha public which appreciates the natural beauty and significance of some Maori land. A particular area or block of land may have a value to its owners in its undeveloped state at least equivalent to .the commercial value of a development. The land may have historical significance to the owners as a place where a pa or wahi tapu was sited in previous times. For example, as a site of past battle~ where lives have been lost the land may have acquired significance which offsets any benefit which might come from commercial - development. Coastal land may have particular value as a place where members of the owners' whanau can meet occasionally to gather seafood or holiday together in order to maintain their sense of kinship and their sense of belonging to a particular place. Giving up this cherished use in order to develop the land may have little appeal to its owners. If the benefit of developing land cannot be identified by individual owners, or if the apparent benefit is outweighed by apparent disadvantages, then development may not be seen as the most sensible option. The best option for Maori owners may be minimal change, or change which enhances the use of the land for cultural purposes. 11 Yet despite these generally negative forces of resistance to successful commercial development there is evidence that Maori land owners want to see their land productive, at least to ensure that it will be able to meet the demands of local authorities for property taxes but more positively to· contribute to the identity and well being of whanau and hapu. For example, the MMOLDC24 reports that some Maori land owners are forming collectives to improve the economics of their holdings. Government agencies such as the Ministry of Agriculture and Forestry have responded to growing Maori interest in agriculture by mounting conferences such as a national Maori Organic Hui in February 2001. The invitation to the conference contained the following statements25 : A national Maori Organic Hui - Nga Hua 0 Rongo-Ma-Tane - is being held at Ratana Pa in the Whanganui region over the weekend 23-25 February. There is no registration fee .and all the catering is being provided by organic producers. ... the hui is about sharing information about the potential benefits for Maori from organics and discussing whether Maori involved in organics need a distinct identity. Central to the hui will be the concept of reviving tikanga Maori. ... reminding participants about the spiritual side to their work will help stop the loss of traditional Maori knowledge. Other conferences relating to "mainstream" agriculture and forestry have also been held, with good attendances. In 2004 Massey University26 held a conference "celebrating success in Maori farming and agribusiness" which was attended by 160 participants. There are a number of possible motivations for developing Maori land so that it produces an income. Whatever the motivation, the requirements of shareholders must be accommodated in t~e way the ownership organisation functions, and how· decisions_are made. Approach To The Research Investigating what might appear to be significant failure of Maori in utilising land is not a simple matter. It is one thing to ask questions of people about why they think they have succeeded, and quite another to ask people a~out why they have failed. Investigating the many instances of Maori success may not get to the issues underlying the difficulty in bringing under­ utilised land into economic production. The research task, then, was twofold. 12 ­ (a) It needed to identify the current expression and fonn of the cultural and spiritual aspects which are at the heart of Maori world views on ownership, management and sustainability, and their relevance to whanau in modem times; and (b) It needed to identify and develop methods and skills which would assist owners to set realistic objectives and plan for the sustainable development of their land. It was important that these tasks were undertaken in ways which would satisfy the owners' needs in a number of ways: (a) The research must show the owners how it would lead to greater skill, knowledge and control of the identified problem. (b) The methods must be able to satisfy the owners' sense of tika and pono, or what is 'right and proper'. (c) The research should be seen to be genuinely for the benefit of the participants. (a) The research should result in a sensible pathway for the owners to be empowered to undertake any development themselves, rather than creating a dependency on a government agency or a consultancy or any non-owning party where ongoing control by the owners is placed at risk. ( e) The methods needed to be responsive, allowing for questions and explanation of tenns and so that discussion might be based on common understandings of the issues. (f) Identifying and confinning the existence of any barriers to the development of Maori land also suggested a research method which allowed ideas to be. discussed and areas of agreement to emerge froin examples and explanations. (g) The research method should lead to short tenn demonstrable opportunities for agreement and owner acceptance. The research method selected to meet these requirements is a form of participant research . ~ known as action research. It is described in Chapter Four. Summary Of Chapters The history of Maori land development is contained within a broader description of Maori society before the ingress of European settlers (Chapter Two). This description is based on a 'corporate' view of Maori society, in that it utilises a framework derived from organisational analysis. This approach reveals Maori values and tikanga relevant to the organisation of Maori society, and allows parallels to be drawn between tikanga Maori and the conduct of current Maori organisations. 13 The alienation of land to satisfy the desires of the new settlers impoverished many Maori, and the introduction of British law and social institutions largely destroyed the ability of Maori to live according to their customs. These events are described in Chapter Three, which seeks to demonstrate the extent to which the ability of Maori to survive as an indigenous people has been compromised, and to provide a historical context for Maori· land development. Chapter Three concludes that Maori have been drawn into forms of organisation which are antithetical to tikanga Maori and which create rather than remove barriers to Maori land development. Analytical methods which could facilitate hui of shareholders were introduced to a total of 685 participants who took part in 18 research wananga conducted throughout the North Island (Chapter Four). Their use in eliciting information was important to the action research which resulted in the research findings which are reported in Chapter Five. These showed that participants in the research wananga were dissatisfied with the Pakeha organisational model whicfi. currently operates in many Maori organisationl). The findings converged toward the view that the participants preferred a model which embraced traditional values and tikanga The Case Study (Chapter Six) provided the opportunity to test such a model, beginning with an education programme for the shareholders and observing the development of an organisation to manage the abu whenua trust which held their land. With the assistance of experienced business advisors the trustees planned and began to implement a development plan which included social and cultural as well as economic activities. In achieving this outcome the whanau involved in the case study found that the analytical tools introduced during the education programme helped to facilitate some potentially difficult hui in ways which helped heal old issues and reinforce a sense of belonging which waS described as being of immense value. Chapter Seven brings together the vario,-!!, strands of investigation, interprets the findings, and proposes a new approach to Maori organisations. Acknowledging that there may be further research required to refine and simplify some aspects, the new approach proposes: • that shareholders in Maori land would benefit from a short education programme wananga) which increases their familiarity with the terms and concepts of business and organisations, while at the same time introducing them to some non-numeric analytical methods which will assist them in planning; • that core Maori values and tikanga guide the formation of plans and objectives; • that the basis of decision making be consensus rather than a majority of votes. 14 I Miiori Studies Department (ed.)(1998)" Te Oru Rangahau: Maori Research and Development Conference, Proceedings, Massey University, Palmerston North 2 Mutu Margaret, Barriers To Research: The Constraints of Imposed Frameworks, in Dept ofMiiori Studies (ed.)(1998)" Te Oru Rangahau: Maori Research and Development Conference, Proceedings, Massey University, Palmerston North, p 51 - 61 3 Hohepa P W, 1964, A Maori Community in Northland, Auckland University Press, Auckland, p 50 4 Te Puni Kokiri 2000, Maori in the New Zealand Economy, p 22 . s'Te Puni Kokiri, 2002. Maori In The New Zealand Economy, p 23 6 The Maori Multiple Owned Land Development Committee, 1988, p 9 7 Ministry of Agriculture and Forestry, Rural Bulletin, May 2002, URL http://v.lww.maf.go'v1.nzlmafnetipublications/ruralbulletin/may-021 8 Durie, M H, 2003, from a larger table cited in Maori Economic Development, NZ Institute of Economic Research, 2003, report to Te Puni Kokiri, p 40 9 Sutch William B, 1964, The Maod Contribution: yesterday, today and tomorrow, Dept of Industries and Commerce, unpublished paper 10 Firth Raymond (1959), Economics Of The New Zealand Maori, Government Printer, Wellington, pp 438-54 11 Miiori Health Commission, 1998, Report to the Minister of Miiori Affairs, Wellington 12 International Research Institute For Miiori And Indigenous Education, University of Auckland, in collaboration with Te Ropu Rangahau Hauora a Eru Pomare, Wellington School of Medicine, Otago University, 2002, lwi and Maod Provider Success, Te Puni Kokiri, Wellington, plO 13 Mliori Multiple Owned Land Development Committee (1998), Maod Land Development, report to the Maori Development Commission, p 4 14 Rose Dennis, Sanderson Kel, Morgan Paul, Stuart George, Andrews Grant, Business and Economic Research Ltd and Federation ofMaori Authorities (1997), Factors Inhibiting or Impeding Maod Economic Development, Crown Copyright IS Stout Sir Robert and Ngata Apirana, 1907, Interim Report of the Commission appointed to Inquire into the Question of Native Land and Native Land tenure, AJHR 1907 16 Mliori Multiple Owned Land Development Committee (1998), op. cit., p 3 17 Far North District Council, Remission and Postponement of Rates on Maod Freehold Land Policy, PI117. . .. 18 Freda Rankin-Kawharu (2002), in Whenud, managing our resources" Merata Kawharu (ed), Reed, p 38 19 Miiori Multiple Owned Land Development Committee (1998); op. cit., p 3 20 Royal Commission of Inquiry into the Miiori Land Courts, 1980, Report, p2, para 8 21 Rankin-Kawharu Freda, 2002, op. cit. ,pp 40-41 22 Kujala Johanna, Analysing Moral Issues in Stakeholder Relations, in Journal of Business Ethics: A European Review (2001) 10 (3), P 233-247 23 Department of Conservation, URL http://www.doc.govt.nzlCommunity/005-Conservation-and- Maori/SettlementsiNgai-Tabu/index.asp . . 24 Mliori Multiple Owned Land Development Committee (1998), op. cit., P 3 25 Ministry of Agriculture and Forestry (2001), Maori News, URL http://www.maf.govt.nzlmafnetipublications/maorinews/ 26 Massey University, Massey News (April 2005), URi.. http://masseynews.massey .ac.nzl2004!Press _ Releases/07 _ 09 _ 04a.html 15 Chapter Two - The Dynamics of Maori Society Pre 1800 Introduction This Chapter explores Maori society in the eighteenth and the beginning of the nineteenth century. It considers the structure and activities of whanau and hapU in their corporate J:ole prior to the signing of the Treaty of Waitangi and identifies the cultural and spiritual sources of motivation and inspiration of Maori society in the early days of contact between Maori and European. A review of the literature examining Maori as individuals and as members of groups reveals some characteristics of social organisation which are common to Maori family and extended family groups regardless of their geographic location or their affiliation with a particular iwi or waka. There are also common values which underlie these practices, and which are readily accessible for description and analysis. On this basis, Chief Judge E T Durie1 felt able to attempt "a national description of Maori social organisation particularly as affecting land tenure, in the context of the work of the Waitangi Tribunal", suggesting that ''there was a consistency in the underlying ideology, norms or values". Prior to contact with Europeans, Maori society was founded on a set of prolonged and sustained relationships that were sufficient for its own requirements. According to both Maori and European writers, society was based on a coherent spiritual belief and well recognised standards of behaviour with sanctions against unacceptable behaviour. Generally the result was a fair degree of satisfaction, harmony and enjoyment. In order to isolate the origins of this satisfaction and success prior to the signing of the Treaty of Waitangi in 1840, and conversely to discover the root causes of widespread dissatisfaction and lack of success which many writers report today, it will be helpful to examine in some detail the functioning of 'traditional' Maori society. This discussion will focus on what I H Kawharu2 calls the role of the hapU as a corporation, an organisation in a particular location with an agreed purpose and people to achieve it, and not simply a descent group of people, possibly from different locations, who share common ancestry. To allow analysis of past and present influences on the dynamics of Maori society it was helpful to use a framework that allowed various corporate functions of hapU to be studied separately, then brought together in an analysis of the hapU as an organisation. The framework was originally proposed by Fause for the analysis of organisational dynamics, and identifies eleven 16 factors which impact on an organisation. It has demonstrated its versatility in analysing a variety of different types of organisations, and has been used during the research in the analysis of the dynamics of trusts and other Maori organisations. For the purpose of this research the eleven factors can be restated: Faust Framework 1. External Factors over which the hapU has limited control. 2. Culture the beliefs and values of the people within the hapu and the way in which they behave toward each other. 3. Vision and Leadership what the hapU considers to be desirable outcomes, and how the role and behaviour ofleaders contributes to this. 4. Structure and Delegation who is senior to whom and who is responsible for what. 5. Inf()rmation and Control the means of relaying and receiving information critical to the organisation and success of the hapU. 6. Reward and Motivation preferred behaviours, values and rules, and incentives to achieve behaviour necessary for the success of the hapU. 7. Strategic Relationships the ways in which important relationships are developed and maintained internally, and also externally with potential allies and enemies. 8. Transformation Processes the organisation of economic activities to produce successful outcomes for the hapU. 9. Exchange and Trade the creation of wealth, the distribution of produce, and trade. 10. Performance Management how beneficial and harmful performance by individuals and the hapU is. encouraged, assessed, and how adjustments are made where harm results. 11. End Results the power, prestige and success of the hapU among members and externally. External Factors Over which the hapu has limited control. External factors are those beyond the ability of the hapU to make rapid changes in the short term. They were obviously important, and would have featured in wbanau and hapU discussions concerned with protecting or improving the security and well-being of the hapU. External factors which impacted on the activities of whanau and hapU prior to contact with Europeans included: • Climatic conditions 17 • Natural fauna and flora for food, implements, weapons, decoration • Size, location and security of land holdings • Power and location of allies to protect land holdings and resources • Power and location of aggressors or competitors for the same resources The climate of Aotearoa was less hospitable than the islands from which early Maori are presumed to have migrated, but was able to support Maori sufficiently well to enable a life of seasonal activity which included hunting and trapping birds and rodents, fishing, planting and agriculture, and trade. The long historical connection of whanau and hapu with a particular locality did not promote a nomadic existence, except for relatively free access of individuals to forest or water resources within a well defined area. Firth4 refers to the diversity of occupation which was pursued by Maori and how dependence on the forest, seafood, and cultivation led to a closely determined sequence of operations in accordance with seasonal change and within a defined territory. Power and prestige was linked with spiritual powers and manifested as the manaof an individual, whanau, hapu or iwi. Mana, the manifestation of divine influence and fortune, was the paramount consideration for all groups, and was earned over years and generations through acts of generosity, bravery, and loyalty based on whakapapa and pledges of allegiance. The mana of a hapu could change over time as a result of success or failure in battle. War among particular hapu was a seasonal event, which took place after the crops had been planted. Long standing feuds, which often had their origin in attempts to increase hapU controlled resources, between close or distant neighbours gave rise to frequent exchanges or hostilities, with limited victory going one way or the other. Victory reflected the relative power of the atua ofthe winning hapU, and the skill and cunning of its leaders and warriors. Culture The belieft and values of the people within the hapu and the way in which they behave toward each other. E T Duries notes that the culture and values of Maori society have been studied and discussed by both Maori and Pakeha writers since 1769. While there are issues of cultural practice on which different views have developed since early times, there is a large measure of agreement on most matters, and the tendency of earlier Pakeha writers to dismiss as 'savage' or 'barbaric' any practice which appeared to be greatly different to comparable European ways has been tempered by more current views. This discussion will limit its scope to those aspects of Maori . culture which are relevant to a comparison of Maori beliefs and practices relevant to the 18 'corporate' activities ofhapii.and iwi today, particularly in relation to the development of Maori land and related assets. In a paper titled The Natural World and Natural Resources, Maori Marsden6 writes: Culture may be defined simply as the way of life accepted and adopted by a society ... In Maori terms, then, culture is that complex whole of beliefs/attitudes/mores/customsl knowledge acquired, evolved and transmitted by his society as guiding principles by which its members might respond to the needs and demands dictated by life and their environment. Marsden speaks of a "cultural metaphysics" which gives rise to the symbols, stereotypes and convictions which lead to communal activities, standards of behaviour and social institutions. He is suggesting that Maori, like other indigenous groups, have a particular view of the world based on some fundamental ideas which have been "accepted and adopted". Geering7 has suggested that when people talk about 'the world' as a coherent whole they are talking about a mental construction which has been derived both from experience and what has been learned from others. It is something seen only with 'the mind's eye', even though people . do not doubt its external existence. People who grow up in different circumstances will have different mental constructs of the world, and will respond to their world according to what they have experienced and what they have been told. Geering suggests that people nurtured in cultures which have many elements in common will construct worlds that have a "shared consciousness" which gives identity to the culture. He suggests that the first stage in developing a shared culture is the naming of tangible objects, and that the ability. to name enables people a degree of mastery over external reality. Geering's second stage in developing a_ shared view of the world involves the interpretation of the significance of objects to the people, their emotional response to the world they experience, and the attribution of values to things in the world. Geering suggests that these values are expressions of what people consider to be attractive or repugnant, supportive or dangerous to them personally and collectively as a group, and contain both objective and subjective components. The third stage in the construction of a world view is ''the attempt to link up the various parts into a coherent and meaningful whole". He suggests that questions about the origin of things, and whether there are causal connections between various parts of the world, are answered by the telling of stories or myths. The ability to explain natural phenomena and to relate one phenomenon to another is important in extending the mastery of people over the world they 19 inhabit. .In constructing explanations through story and myth people of a common culture make a highly subjective contribution to their shared view of the world. The values and ideal behaviours of a society are enshrined in stories which are associated with ancestors who exemplified selfless disregard for personal safety, and loyalty to family, creed and country. Attribution to supernatural origins gives the stories power and authenticity. In return for their courage and loyalty the ancestors are forever revered as symbols of the highest ideals of virtue and behaviour and earn a place in the legends of the society almost equal to the society's gods. Whether it is the ingenuity of Mauii or the martyrdom of the Christian saints, every society has its examples and stories which inform and encourage the highest ideals of belief and behaviour. The evidence is that Maori culture 'pre contact' showed deep thought and sophistication. For , example, FirthS cites the comprehensive and detailed knowledge which Maori had of fauna and flora, and a system of classification which demonstrated understanding of the affinities among a number of plants and animals. Best9 concedes that the coherence of Maori ideas regarding the unity of all things and the creation of all things by the "Supreme Being" shows considerable scholarship and introspective thought. Spiritual beliefs and their relationship to cultural practiees have always been vitally important to Maori, and Metge10 supports the view of Maori society as being "derived from a spiritual conception of the universe", a view which has significant implications for the culture. Te Rangi Hiroa11 (Sir Peter Buck) refutes the criticism of early European writers who regarded the Maori system of faith and worship as "myth and magic": The Maori shared with his Polynesian kinsmen an inherited belief in the existence of spiritual beings, whom he termed atua (gods). These atua were credited with supernatural powers which could be exercised in helping or opposing man in the mundane affairs of this life. The inward acceptance of their existence and power constituted faith. In order to gain the assistance of the gods in various human activities, acts of homage, ritual chants, and material offerings were made in an organized service which may be accepted as a form of worship .... The fact remains that the Maori had faith in their gods, no matter how created, and the functional relationship between them and their worshippers constituted religion. These views support the idea that Miiori culture was based on the central idea that the ultimate reality is wairua or spirit. Spiritual power and authority, which is therefore relevant to every i Maui, one of the children of Ranginui and Papatuenuku; is renowned for fishing up the North Island using the magic jawbone of his grandmother as a hook. 20 aspect of the natural order and of human affairs, is known as mana. Metge l2 refers to mana as "divine power made manifest in the world of human experience". Milori philosophy does not separate the spiritual dimension (taha wairua) from the practical or physical dimension (taha tinana). Marsden 13 wrote of the "holistic approach" of Maori to life, which did not try to separate "the ubiquitous divinity in all things from their purely material form". The separation of what a person believes (what Argyrisl4 would term one's "espoused philosophy") from what a person does (one's "philosophy in action") is therefore incompatible with the Maori world view. Marsden has explained that the relationship between people and their gods is based on transactions which can be negotiated and which involve ritual and mediation, but not forgiveness. Actions which violated either the restrictions or the sacredness of tapu. the . spirituat accompaniment of mana, would without doubt have a compensatory consequence. Depending on the mana of the transgressor, this consequence may fall on the individual or hislher ~hanau or hapii, because the mana of the individual is an extension of the mana of the whanau, and vice versa. Nicholson1s recalls the ultimate caution: He tangata tonu te utu. Some person will pay, or ultimately, die. There are several aspects to the spiritual and temporal power and authority of mana. Shirresl6 draws together contributioris from a number of writers and Milori informants in an analYSIS of the wairua of the human person. He suggests that tapu is the potentiality for power, and that mana is the power or influence that a person is able to hold and demonstrate. Shirres identifies· three aspects of mana relating to people: Mana atua - power deriving from the link with spiritual powers. Rituals and karakia are the physical recognition oftapu, which is the mana ofthe spiritual powers; Mana tangata - power or prestige arising from association and kinship with each other as whanau, including ancestors. To be one with whanau is to be able to demonstrate dedication and contribution to present and future generations, as well as belonging to particular ancestry and history. Mana whenua - power or prestige arising from identification with the land of your hapii, with Papatuenuku, the source of nourishment and well-being of the people. This type of mana is often demonstrated through generosity and hospitality toward visitors (manaakitanga), and is often associated with activities on a marae, a place which Shirres describes as "beyond space and time, a place where we reach out to the ancestors and to the family wherever they are". 21 Shlrr08 8el'l!l mans as an encompassing spiritual influence: Our mana as human beings is a mana that is linked with the spiritual powers and that combines with the spiritual powers, that has its source in the spiritual powers, in our working to bring order out of chaos, light out of darkness. Royal 17 also suggests that in the natural order the greatest influence is mana: .. , in the traditional world view the whole world is conceived as a potential vessel for mana. Mana is our term for some kind of energy, consciousness, authority, essence. It comes from a non-ordinary realm and can flow into the world and into the human person given certain conditions and commitments; The presence of mana in the person is outwardly expressed through their creativity, their knowledge of certain areas and a sense of authority in a particular endeavour. It is therefore clear that every aspect of life in the customary Mliori world was imbued with . spiritual considerations and consequences. Practical and spiritual considerations were not separated because they were understood as part of the same thing. Everything had its original life force or mauri, and the diminution or absence of mauri invited illness and death. The removal of mauri, for example through the eating of food or other rituals prior to a formal meeting, was essential to ensure that a person was not inadvertently harmed by the mana of others, present or recently departed. It followed that the principal objective of a hapii was to protect and increase its mana, and by so doing, increase its spiritual powers, its security and its ability to prosper in its environment. It also followed that the purpose of individuals within whanau and hapii was to contribute to the . . mana of the group, even at the risk of personal injury or death. To die in a manner that increased the mana of whlinau, hapii or iwi was considered a sure way to be remembered and honoured by succeeding generations. Whakapapa was a primary indicator of mana. Durie18 suggests that whakapapa was carefully preserved, regularly recited at gatherings and formally taught to youngsters. Barlow19 maintains that all the people in a community were expected to know who their immediate ancestors were, and to pass this information on to their children in order to develop pride, a sense of relatedness, and a sense of belonging. Whakapapa enabled whanau members to establish linkages with each other, with their hapii and iwi, and with a wide range of whiinaunga. Metge20 suggests that whakapapa gave whiinau members the knowledge needed to manage relations with other groups, especially at hui, and with strangers. 22 According to Patterson21, a Ma,ori family included ancestors and future generations, not only the living. Metge22 explained that: Members of the whanau look not only to their parents· but beyond them to their ancestors, with respect· and gratitude, as the source of their being and most if not all their capabilities. They regard themselves and are regarded by others, not as merely individuals but as living representatives of those who have died. Salmond23 reports that a certain mana was inherited at birth, and the more senior the descent, the greater the mana From then on, despite an unequal start, men were engaged in a contest for mana, and maria increased or decreased according to performances in war, marriage, feasting and on the marae in varies capacities. Salmond24 describes three main themes in Maori society: mana (prestige), tapu (sacredness), and, utu (the principle of equal return, often expressed in revenge), and so identifies the two spiritual aspects of mana, and its practical consequence - utu. Pere25 explains: Mana permeates the ethos of Maori life in very subtle ways and is associated with aroha and utu. An individual or group will reciprocate anything they receive, whether it be good or bad, because of the challenge such an act represents to the concept of mana .... Members of a whanau are often prepared to make personal sacrifices to uphold the mana of their group particularly by returning any hospitality and support that they, or one of their members, have received. The same fervour applies if the whanau feels that they have been insulted or attacked by people from outside their kinship group. They will take steps either to confront the offenders and the kinship group or to use other more subtle forms of meting out a just and appropriate settlement. The mantle of mana embraces people, and when worn demands and provides far more than just prestige and status. Durie26 suggests that utu was the principle of balance and was fundamental to most Maori tikanga and thinking; governing social relationships, the creation and maintenance of reciprocal obligations, the conceptual avenging of death, the appeasement of killings, the punishment of wrong doing, the maintenance of the cycles of nature, gift exchange, the formation of controls, the maintenance of alliances, the performance of fiduciary obligations and the like. Utu underpinned the essential 'give and take' nature of the Maori social and legal order. Organisation of kindred groups who lived in the same locality, in villages or kainga, followed a familiar pattern, with individuals belonging to a whiinau (family), whanau from the same ancestor belonging to a hapU (clan), and hapU with shared ancestry belonging to an iwi (tribe). Best27, Te Rangi Hiroa28, Firth29, Kawharu30, Metge3\ and Durie32 are among those who have described traditional social organisation among Maori and there is general agreement regarding the hierarchy of structures and also of social classes. It is also apparent that there was 23 lk)naldlrAbl~ mtlbility among whHnau, with groups taking up residence among related whanau in 1\ dlrtCllfeot hapU, for reasons which might include relationship building, economic opportunity, or safety. Patterson33 emphasises the vital importance of belonging to a whanau group, explaining that: Maori obtain their nature largely from their communal environment, their kin group, and their whakapapa. They are not essentially individual, and without kin - present and past - they are literally nothing. Bese4 is sometimes dismissive of habits of the Maori which differed from his European experience, and suggests that there was no true family life, but Firth35 contradicts this opinion, citing evidence of great affection and solidarity among members of whanau and hapU. Affection and solidarity extended beyond the living to the ancestors, still considered part of the whanau and hapii. Metge36 comments that the value of whanaungatanga reinforced the commitment members of a whanau have to each other and also reminded them of their responsibilities to all their other relatives. Important among those responsibilities was manaakitanga, or generosity, demonstrated in a number of different ways. For example the way in which visitors to a kainga were fed and entertained, often leaving with gifts offood and other taonga which would remind them of their visit, became a standard by which the manaaki of others might be measured. It also served the purpose of cementing ties and reciprocity. Patterson37 relates a proverb which refers to Rehu~ the god of kindness: Tena te mana 0 Rehua' - behold the greatness ofRehua. He explains that there was great stress placed upon cooperation between members of a family or tribe, requiring a degree of subordination. of the individual to the collective, and suggests emphatically that there wa$ no place for greed among Maori values. Acts of generosity also had their place in war, and a defeated chief might be given land or a noble wife in order to restore some of the mana lost in battle. The presentation of taonga was often part of such actions. Mead38 suggests that gift giving was subjectto the rules oftikanga, with expectations of utu, or balancing actions on the part of the recipient hapii. Failure to reciprocate was regarded as a breach of tapu and of good faith. Metge39 proposes that over-compensation was often the intention of gift giving in order to create a further obligation on the part of the recipient and so maintain an ongoing relationship or alliance. 24 Although it was warlike and valued military skill and courage very highly, Maori society was also well organised within tribal groupings. These were orderly, by and large democratic, with well developed sanctions for behaviour which threatened to harm the well being or honour of the group, and were based on long held spiritual beliefs which had their temporal expression in well defined codes of behaviour. Vision and Leadership What the hapu considers to be desirable outcomes, and how the role and behaviour of leaders contributes to this. The. primary purpose of Maori society was the enhancement of the mana of whanau and hapU through the contribution of their members as individuals and collectively. Perhaps most important was the mana of ancestors and protection of the integrity and authority of the wha}fo 5% 10% 15% 20>fo 25% 30% 35% Figure 5.1 indicates that the primary concern of participants collectively was the vision and policies of organisations (31 %). These concerns were focused in statements which asked for discussion of the following topics: 121 1) Good lead~rship 2) Policies and procedures which suit Maori structures 3) Leadership, conflict resolution, governance, asset management, fa~ilitating claims 4) Marae autonomy - organisation relevant to Marae structures 5) Governance and representation 6) How we yan become an org~nisation based on whanaungatang~ 7) How to plan a positive direction for our future 8) Spirituality in organisations 9) Being able to manage an organisation and knowing the structure to put in pla~e 10) Creating an organisation that is able to bring together multiple owned land 11) Punitanga taonga tuku iho (maintaining the treasures we inherited) 12) Obligations of trustees " The next most frequent request for discussion was to better understand the' work processes of their management entities (20%). 1) Processes that will help fulfil our vision 2) 3) 4) 5) 6) How to phrase applications in a language familiar to Government How to access information to assist in limiting the risks in development Logistics in keeping with tikanga Maori The steps to achieve things - how to develop a time line How to meet other organisations with the same vision Organisation Structures was the next most frequently proposed topic for discussion' (14%) with the following issues of concern: 1) Structuring the organisation for the best results 2) Will the structure we learn in this hui affect our Marae structure 3) Get a better understanding of what is a Maori organisation 4) Develop better management structures and processes 5) Roles and responsibilities 6) Organisational growth and management Strategic Relationships featured next (8%): 1) Interaction between the organisation and its beneficiaries 122 2) How to encourage full participation in our organisation that reflects all our ideas, concepts and val ues 3) Effective consultation 4) Sharing of vision 5) Accountability of managers/governors Next was Finances (6%): 1) 2) 3) 4) Reasons for failure in a business organisation Protection for stakeholders against loss of ownership Controlling assets Financial management 5) Financial projections Other topics represented 5% or less of the topics requested for discussion. Trainin~ (5%) 1) Personal skills for the future 2) How to be a good manag~r 3) Administrative training 4) Presentation styles Information Systems (5%) I) Quality control 2) Accountability 3) How to better understand the information - reading between the lines External Factors (3%) I) Effects of legislation 2) Obstructive government policies 3) How to heal the damage of colonisation 4) Talk about the Treaty End Results (3%) 1) How to become self governing 2) How to make Maori organisations self reliant 3) Amalgamate our holdings so we can all benefit 123 Reward and Motivation (2.2%) I) Better understanding of roles and responsibiliti~s 2) Empower staff to reach their fullest potential 3) How to select people fo management positions Internal Culture (1.3%) I) Relationships 2) Self esteem 3) How can I learn to be more tolerant The lists represent a 'brainstorm' rather than a considered response, and reflects issues foremost in participants' minds. The purpose of asking the question was to involve participants in planning the wlinanga in a real sense. It provided an early indication of the way in which the wananga would be conducted. It also introduced the first essential question in the creation of any organisation: what is the kaupapa - what do we want achieve? 2. What do you expect from your facilitator? • The second question is one of two which had implications for roles and responsibilities within an organisation~ Figure 5.2 shows how participants responded to this second question., Figure 5.2 Roles and Responsibilities of Facilitator Role of Facilitator Leadership Qualities Manage the Process Teaching Expertise Technical expertise IIIIII -p2S2£prra~~~¥k£±£+~~ 0% 10% 20% 30% 40% 50% The responses to this question fell naturally into four categories: Teaching Expertise (41%) 1 ) Keep it simple 2) Extract knowledge from everyone in the room 124 3) Explanations without embarrassing the asker 4) Useful information 5) Sense of humour Leadership Qualities (31.5%) 1) Honesty 2) Tika, pono, aroha, manaaki (truth, integrity, love, generosity) 3) Open minded 4) No hidden agendas 5) Whakamana te tangata (respect everyone) 6) Open to learning from the whanau Technical Expertise (17%) 1) Give us the basics 2) Speak from experience 3) 4) Share experiences Te kete matauranga(basket of knowledge) Manage the Process (10%) 1) Review the day's proceedings 2) Keep us on time 3) Keep people who talk too much in line 3. The third question relates to the roles and responsibilities of participants, and the two questions together simulate the distinction between leaders and supporters in an organisation. Responses are indicated in Figure 5.3 . . ' Figure 5.3 Responsibilities of Participants Responsibilities of Participants Atterdcn::e Camitrrert Partidpcti01 Cflo 1Cf/o 3Cf/o 40% 50% 125 The responses fell into four categories: Commitment (42%) I) Stay on the kaupapa and stick to the agenda 2) Tika me pono (appropriate behaviour) 3) Do the work Participation (35%) I ) Give feedback 2) Everyone gets a chance to talk 3) Be challenging . 4) Open minded Attendance (12%) I) Punctuality 2) Come every day on time 3) Stay till the end Attention (12%) I ) All eyes, all ears 2) Listening and hearing 3) Undivided attention 4. How will we behave toward each other? The fourth question addresses how people wiU work together to achieve the agreed objectives, and how decisions will . be made and issues or problems resolved. This establishes the tikanga for the organisation. Responses are grouped into six categories, .~ . ~ as shown in Figure 5.4: Figure 5.4 Tikanga of the Wananga Decision Making by Consensus Respect Marae liki:mga Openness & Honesty No Interruptions Arohatanga & Manaakitanga Commitment to Kaupapa Tikanga 0% 10% 20% 30% 40% 50% 60% 126 Arohatanga and Manaakitanga (57%) I) Be respectful and not invade other people's space 2) People must feel safe to express their views 3) Manaaki tetahi i tetahi (generosity toward each other) 4) Speak to the issue and do not get into personalities 5) Be able to pass if you don't want to speak 6) Encourage each other 7) Cell phones off unless necessary 8) Be able to honour the differences between one another 9) Ukaipo/pito/whenua and other aspects of tikanga important to our nourishment{associations with birth and nourishment) Decision Making By Consensus (17%) 1) Consensus decision making 2) Whakawhitiwhiti korero (lively discussion) 3) We can change our decisions by consensus 4) No deals behind closed doors 5) No lobbying - no trading of votes or influence· Openness And Honestv (12%) 1) Transparency - no hidden agendas 2) Taking responsibility for one's words and actions 3) Rangatiratanga (acting with mana) 4) Whakapono (true to one's beliefs) 5) Kaua e whakaiti tatou (not belittling anyone) 6) Honesty, integrity and dignity 7) Speak without fear of intimidation No Interruptions (8%) I) Tautoko korero (support the person who is speaking) 2) Everyone has their say without interruption 3) One person speaking at a time Commitment to Kaupapa(4%) I) Accountability/commitment to the kaupapa 2) Communication of issues and decisions to the people 127 3) Stick to the point 4) Wananga - share knowledge Respect Marae Tikanga (2%) 1) Tikanga of the local hapU or iwi prevai Is The very small number of responses relating to respecting local tikanga was initially surprising. However, given the context of the wananga it may well have been assumed that local tikanga would be observed. Mentioning it in this context could be as redundant as specii)ring in a western business meeting that European courtesies would apply. It is also relevant to not~ that while 17% of r~sponses specified that decisions would be made by consensus, this requirement was present in every location, some adding the condition of prior discussion, or whitiwhiti ~orero. The time for participants to complete this event· varied from 30 - 90 minutes, most wananga completing within 45 minutes. The longest time for completion was at a wananga where there was great rivalry between two hapii, and some issues were debated fully, speakers often being supported by waiata. Many of the responses were delivered with personal explanation. Some such as references to spirituality, mutual respect and love, involved a sharing of very personal feelings. In Pakeh§. business organisations it can take many hours of contact, sometimes even two or three days before participants feel safe and confident enough to share personal feelings. This difference was discussed. with participants at each location,and while many did not have .~ .~ experience of Pakeha organisations they agreed that they felt no fear of being ridiculed or disadvantaged by sharing deeply held feelings, even. with people who they may have met only for the first time that day. It was often pointed out by participants that the rituals of mihimihi followed by karakia made them feel safe and comfortable. The whakawhanaungatanga process identified that they were among people with whom they could assume a common vocabulary for discussing spiritual and emotional aspects of being together. The absence of fear of each other was notable among participants in each location, and contrasts with the experiences of Pakeha organisations. To illustrate, in 1985 the researcher was employed by a major New Zealand manufacturing and trading organisation which required significant organisation changes as a result of changes in 128 New Zealand's trading relationship with the European Economic Community. In order to facilitate discussion among staff on the different skills and content of many jobs within the organisation a prominent writer and consultant in organisational psychology was engaged. The consultant was familiar with the New Zealand situation, having taught at Canterbury University in Christchurch for some years. His requirement was that groups of staff spend five days together analysing and attempting to resolve real issues which staff had identified as critical to the future stability and prosperity of the organisation. The first three days were spent in exercises which slowly removed the fear people had of sharing feelings and concerns with each other, and developing a common vocabulary and structure which would allow people to discuss issues without causing resentment or dismay among their colleagues. Analysis of the process of Hangaia Te Kaupapa suggests that Maori share a confidence among each other which is very different from the Pakeha experience. In the Maori context, once the tikanga of the gathering has been established people identify issues and discuss them openly and 'from the heart'. Participants suggested that it was the feeling of whanaungatanga, along with commonly held spiritual beliefs affirmed by opening karakia, and kinship based on whakapapa which allowed people to develop a deep level of trust. This aspect of taha'Maori is a taonga both unique and valuable, because 1)f its implications for people being able to work together and to develop robust personal relationships very quickly, even when external circumstances are challenging. To summarise, the major research findings to be gained from the 'hangaia te kaupapa' process were: 1) The most significant issue on the minds of participants in the wananga was the leadership of the organisations which hold and manage their assets, and the policies which would take them forward. ~his was followed by issues related to improvements in the way their organisations were administered. 2) Participants placed knowledge and . experience above other requirements when considering their expectations of the person who would facilitate and lead the wananga, closely followed by leadership qualities which would foster and protect the open and honest exchange of valuable information. 3) Participants identified as very important their willingness to participate energetically in the wananga, and their commitment to assist each other while gaining valuable knowledge and skill which could be shared with their whanau. 4) In identifying how they would conduct themselves and how they wished the wananga to be conducted, participants placed strong emphasis on creating good relationships among each other - arohatanga and manaakitanga. 129 5) Some key rituals enabled participants to initiate a level of confidence and trust which allowed the sharing of deeply held beliefs and feelings. 6) Participants strongly preferred consensus decision making after discussion had taken place, and would allow decisions to be changed only by the same method. Hangaia te kaupapa was the first demonstration of the ability to provide a learning experience for participants while at the same time gaining valuable research findings. The information was valuable to both the researcher and participants in the research project. The way in which it is collected and utilised provided an example for participants to follow within their organisations. ft was sometimes reported during review sessions that some participants had, in the interval between the two three-day hui, used the same process to review the structure of their marae or church or sports committees, with helpful outcomes. Values Survey As described in Chapter Four, the values survey questionnaire contained 60 statements about behaviours relevant to organisational and family relationships. Participants were asked to score each statement on a four point scale, from strong disagreement to strong agreement ~ith the statement. The sixty statements were grouped into eleven values or tikanga Responses to the survey are summarised in Figure 5.5. Figure 5.5 Support for Core Values Support For Core Values Hui~iiii~iiiiiiii~ii~~~ ... ~s~~m Whakarite Mana Manaakitanga Kaitiakitanga Whakawhanaungatanga ~IIIIIIII Utu Kaumatuatanga Wairuatanga Whakapapa iilllillliliiiilillli Mana Tikanga ~38~~~2Z~~22~§ 0% 20% 40% 60% 80% 100% 130 Most of the sixty statements were presented in positive form, but some were presented in negative form, when support of the core value was indicated by disagreement with the statement. For example, two of the statements which support Wairuatanga were: (a) The spiritual world is an important part of reality which must be accommodated on a day to day basis. (b) The spiritual world has its place, but business has its own rules which must be followed to the exclusion of other considerations if it is to succeed. In order to calculate the scores of those participants who supported the value of Wairuatanga the number of participants who AGREED with statement (a) was added to the number of participants who DISAGREED with statement (b). Scores related to each core value were added and standardised by dividing the total number of supportive responses by the number of statements which produced those responses. This allowed for simple comparison where the number of statements associated with each core value may be different. Le. Number of supportive responses Total responses X number of contributing statements The importance of this analysis is in introducing participants to the possibility of discovering shared values and beliefs. It proved valuable in promoting discussion, often centred on the observation that there were always 10% - 40% of participants who did not support particular core values or tikanga. The benefit of the survey was immediately apparent. Participants realised that they were able to define something about themselves as Miiori which Was uplifting and in tune with ideals such as generosity, self-sacrifice, honesty, knowledge- and caring. Discussing the survey also gave .' participants the opportunity to develop a vocabulary for referring to values and preferred behaviours. For example, a former primary school teacher at one location said that while she innately knew what tikanga suggested about ideal behaviour she had never seen it in writing and was grateful to have the vocabulary to talk more confidently about it. Pakeke at other wiinanga had similar comments about the experience. The value 'whakawhanaungatanga' was the subject of discussion at several wiinanga, with participants noting that the particular responsibility which Miiori feel for people to whom they are linked by whakapapa is not universally regarded as a virtue by Piikehii and is sometimes dismissed as nepotism. Many participants expressed support for the positive aspects of preferring family members for appointment to positions within whiinau enterprises. It was 131 agreed that access to the· people who are leaders within the shareholder group is simpler for whanaunga, but needs to be earned by ongoing contribution to the organisation. It was also suggested that whanaunga will care for the shareholders and their representatives who act as trustees. Participants considered an emotional connection to an organisation to be beneficial. Whakapapa links were not considered to be sufficient on their own, however, and it was suggested that appointments of family members may carry the disadvantages associated with nepotism if the appointee does not have the capabilities necessary for the job. At wiinanga where this was an issue, participants suggested that it is important to an organisation that appointments of whanaunga are at least contestable by other whanaunga. There can be damage to the confidence that staff and shareholders have in an organisation if appointments are made under authority derived from a position held under tikanga Pakeha, and then justified in terms of tikanga Maori. Using tikanga Pakeha to achieve a desired outcome then reverting to tikanga Maori to justify it was seen to be corrosive of Maori values. It was seen as being much safer for discussion of whiinau appointments to take place at an appropriate hui so that the suitability of an appointee could be explained in comparison to other possible candidates. The research information gained from the values survey was: 1) There are a number of core values and tikanga which participants support as the basis of ideal or preferred behaviours. 2) Where there is conflict between tikanga and legislation, there is often a weakening of confidence in tikanga. 3) There was a view that the ideal qualities and behaviour which people in leadership positions should exhibit is very similar to the qualities and behaviours which were . exhibited by rangatira from past times. - 4) People already had an understanding of core values and tikanga, though they may not ., have had readily available the vocabulary to describe them. Participants were able to discuss and refine the values when presented with possible definitions and explanations. Situation Analysis The situation analysis utilised an 'expert system' asking participants to respond positively or negatively as to whether a the descnption of a typical organisational problem was relevant to their trust or other organisation. 132 Initial discussion of the analysis process among participants identified that there was not a great deal that a group of owners or governors could do in the short term to affect the External Factors which influenced an organisation. It was agreed that energy should rather be focused on factors which could be influenced or changed within a reasonably short period of time. This pragmatic approach to prioritising action extended to the End Results for an organisation, which are beyond direct influence simply because the time to change them is past. Poor results may indicate what an organisation might need to give attention to in the future, but the results cannot be changed. Similarly, the Internal Culture of an organisation may not directly be changed by a decision of owners or managers. Wananga agreed that culture is a consequence of the policies and the operations of an organisation, and so is an 'effect' rather than a 'cause'. If culture is to be changed then aspects of the organisation's policies and strategies, or its operations, must first change. This distinction encouraged participants to focus on the policies and strategies of their organisation - the things they could directly influence. Within wananga were participants from many organisations, and the regional diversity and large number of participants taking part in the project provided a reliable indication of h0~ many Maori organisations are perceived by thei~ beneficiaries and owners. There is sufficient convergence on critical issues between workgroups in a single location, and between locations in different regions, to support the view that the analysis is a useful indicator of Maori opinions. Each wiinanga identified very similar critical issues, presented in Figure 5.6. Figure 5.6 Critical Issues in Maori Organisations Critical Problems With Organisations Training Finances Work Processes Whanau Relationships Reward and Motivation Information Systems Organisation Structures Vision and Policies Percentage Workgroup Response ------_ .. __ ._-_._------- ----------_._-------' 133 The category 'vision and policies' was identified as the most critical issue. Financial management was identified as the next most critical issue. Underlying each of the aspects of the Vision and Policies of organisations are the statements which participants identify as issues within their organisations: For example: Poor Communications of Plans and Planning: • We do not have good downward communication of goals, decisions and/or plans. • Our corporate growth and development plans are not well understood or accepted. • Our long range plan is not well coordinated with annual plans and budgets. Unfocused: • We are doing too many different things. • Everything is a priority. • Major decisions are not guided by a formal decision process. • Goals are unclear. . Lack of Plans and Planning: • We do not have a clearly defmed long-range plan •. We don't identify criticalextemal trends soon enough • The direction of our organisation is not exciting or meaningful to some key people. '. We do not regularly assess and redefine our purpose and direction. Imbalance in Philosophy and Orientation - We Don't Walk The Talk: • We do not balance long-term and short-term goals and plans. • We do not balance individual and organisation goals. • Growth rather than profit oriented. Leadership Not Leading: • Our organisation is not actively led; it is just managed. • We don't have strong outside adviSorslboard members' to help us gain perspective and . give expert input as needed. • Management is not in control of the organisation. • Our chief executive does not lead by example and/or does not actively promote our mission and philosophy. Figure 5.7 reveals that of the work groups which identified 'vision and policies' as a critical issue in their organisations 95% considered that their leaders were not leading their organisations in a way which satisfied stakeholders; 82% thought that their organisations lacked focus; and 70% - 75% faulted communication of plans and priorities, a perceived lack of planning, and an imbalance between what the mission of their organisations and what they saw as its real behaviour. 134 Figure 5.7 Critical Issues in Vision and Policies Poor communications of plans and priorities Unfocused Lack of plans and planning Imbalance in company philosophy/Orientation Leadership not leading 0% 10% 20% 30% 40% 50% 60% 70% 80% 90% 100% As an 'expert system' the situation analysis had considerable value for people who 'may not have been familiar with the language coinmonly used to . discuss the management of organisations. Statements of perceived problems were stated in simple language which could then be used with confidence to describe events which occur in participants' everyday experience. This was often illustrated in the break between the two three-day hui which allowed people to try their new knowledge and vocabulary. For example, a participant who has been prominent in the affairs of her whanau attended a meeting and reported that she had asked just as many questions as always, but now everyone could understand what she was talking about! - . The research information from this event showed that: ., 1) A significant majority (80%) of participants identified critical problems with the leadership of their organisations including planning and communicating with owners, 62% identified problems with financial management, and 53% with information systems. 2) Analysis of the critical issues revealed that in every location, and in 54% of all work groups, there was the perception that organisations were not close enough to their stakeholders in terms of providing information and allowing input and feedback at appropriate times. 3) Using an expert system which requires participants to identify whether certain symptoms of organisation failure are true in their experience was an effective method for conducting a situation analysis. It also provided a common vocabulary which 135 participants were able to use to describe similar situations. Participants expressed feelings of comfort and reassurance that situations which they often perceived as being disorderly and illogical could be analysed and placed in a framework of logic and order. 4) Having workgroups from different hapn within the same wananga arriving at very similar conclusions convinced participants that they had more in common with each other than they had at variance. 5) Having gained insight into some of the problems of their organisation and with an extended vocabulary to discuss organisations, some participants demonstrated a greater degree of confidence in discussing matters where formerly they would have remained silent. Worst Case Scenario While the situation analysis focuses attention on the working of organisations established to manage multiple-owned assets, it is also important to gain a wider view of the context in which the organisation operates. A simple event which seeks to elicit participants' deep concerns for the whole situation involving their present and future assets is the identification of their Worst Case Scenario. Participants, were asked to imagine that their ownership group had recently gained significant funds. They were then asked to put in writing the things that they would definitely not want to happen subsequent to the sudden increase in financial resources. Developing a worst case scenario allowed people to express their fears and concerns for their organisation. Throughout the research project it was demonstrated that workgroups could very quickly agree on their worst case scenario. Previous experience with this analytical technique suggests that people who are unable to agree on what should happen seem nonetheless to be able to reach agreement on a list of unacceptable or undesirable outcomes. Each wananga indicated similar concerns. These were: • Mismanagement and bad investments lose funds • • • Inadequately researched plans means funds squandered Fraud, misappropriation and other dishonesty by managers and trustees Mana is lost, morale is destroyed, squabbling among beneficiaries as relationships deteriorate • Lack of confidence in management means everyone wants to be in control 136 • • • • • • • • • Rewards and benefits are distributed to a select few beneficiaries Disagreements, misinformation and internal politics mean nothing is done to develop the assets People are employed because of connections rather than ability to assist beneficiaries Interference by Government agencies means nothing happens Bad publicity from hostile press Tikanga is disregarded Poor governance results in wastage of asset Beneficiaries do not know what is happening and are left out of decision making An influx ofwhanau who suddenly discover their whakapapa The Worst Case Scenario is less structured and more intuitive than the Situation Analysis which precedes it. The method has characteristics which are helpful in deciding positive action. For example: 1) There is nothing competitive about compiling a list of negati ve or undesirable consequences. Participants never displayed a desire to have their worst case elevated above anyone else's and there was little disagreement in compiling lists of unwanted outcomes. 2) Within the fears and concerns expressed by participants in the worst case scenario are hidden some of the hopes that people have for their organisation, and some of the outcomes they desire for themselves and other stakeholders. 3) There is a possibility of healing bad relationships in reaching agreement even on negative or unwanted outcomes, possibly among people who are unable to agree on many important things. In reaching agreement on the worst case there is a realisation that people woo may have expressed very different views on desirable outcomes for the ., organisation nevertheless share the same fears and concerns regarding undesirable outcomes. 4) The process encourages participants to think beyond the interactions within an organisation or its business relationships outside. Wider issues are also brought into focus. Once participants had agreed on a list of undesirable outcomes for their organisation, they were asked to identify the obverse of the list, and to convert each ofthe negative statements into positive statements indicating the corresponding desired outcome. Table 5.1 provides an example of undesired outcomes converted into positive statements. 137 Table 5.1 Transforming Negatives Into Positives Ne2ative Statement Positive Statement • Mismanagement and bad investments lose • Investments are well managed and the funds funds are secure • Fraud, misappropriation and other • Managers and trustees/directors are dishonesty by managers and honest and ethical trustees/directors • Lack of confidence in management means • Confidence in management means that everyone wants to be in control they are left to do their job • Rewards and benefits are distributed to a • Rewards and benefits are distributed select few beneficiaries on an equitable basis • Disagreements, misinformation and • There is agreement based on good internal politics mean nothing is done to information and objective analysis so develop the assets that the assets are able to be developed • People are employed because of their • People are employed because of ability to assist beneficiaries connections rather than ability to assist • Government agencies assist rather than beneficiaries interfere • Interference by Government agencies • Good publicity from sympathetic press means nothing happens • Tikanga is upheld • Bad publicity from hostile press • Beneficiaries knowwhat is happening • Tikanga is disregarded and participate in decision making • Beneficiaries do not know what is happening and are left out of decision. making The research information from this event showed that: I) Each wananga identified situations where there was a breach in the ability of stakeholders to discuss their assets and organisations in a forum which is open and where valuable information is shared. . 2) Participants revealed that there was an underlying dissatisfaction and lack of trust .~ ~ between different whiinau who share the same asset base, and were concerned that the process of managing and distributing benefits is therefore likely to result in further worsening relationships. 3) While people share fears and concerns in relation to organisations they also share hopes and aspirations that the restoration of some of their assets will allow good things to happen and will result in greater trust and satisfaction. Kowhai Raparapa The advantage of this method lay in its ability to assemble a large number of diverse ideas or issues and in a short period of time instil a sense of order and logic. A challenge to some participants was becoming familiar with writing ideas on paper so that in a few words a single 138 idea could be expressed without ambiguity. Because the idea generation aspect was carried out in silence people were notable to ask their neighbours for help, While that may have caused difficulty for some participants who seldom put pen to paper it did ensure that each idea or issue was the product of the author rather than of someone else who may have been persuasive in promoting a particular issue or point of view. The method was applied to the generation of objectives and policies. Workgroups were asked to identify one of the positive outcomes identified in the previous event (their worst case scenario) and amplify a set of sub-objectives. These sub-objectives would both expand on the kaupapa of the leading statement or objective, and would also serve as a set of performance indicators. If all of the sub-objectives were achieved then the leading objective would also be achieved. In effect, achieving the leading objective was dependent on achieving all or most of the sub­ objectives. The purpose of this exercise was to demonstrate an analytical tool which could be used to 'brainstorm' issues, and then rapidly sort responses into groups with common themes, or affinities. The kowhai raparapa process was a way of ensuring that everyone in the wananga was able to contribute ideas and suggestions without any hindrance or prompting. The process usually resulted in a number of short statements which put together made a clear statement of intention. The example in Table 5.2 will demonstrate the type of statements which resulted from this learning exercise. For this particular group the settlement process had long been a matter of contention among the many iwi who claimed to have mana whenua in "Rohe H". The kowhai raparapa method allowed rapid grouping and prioritisation of the ideas ofindividual participants in the work group. It was a good demonstration of the ability of participants to contribute to strategy on a relatively complex matter. By using a systematic approach which was inclusive but simple the workgroup was able to arrange its ideas into a cohesive statement In a further extension of the method, participants in each location were asked to consider a different question: "What are the issues around taking control of the education of your children?" Table 5.3 shows the response from a wananga held in Tai Tokerau. There were 10 workgroups and the table includes one objective from each workgroup. 139 ­ Table 5.2 Example of Kowhai Raparapa Outcome l. The negotiation settlement process for Rohe H will: • Allow all people to participate • Appoint trustworthy people • Enable open and informed debate • Be fair and honest • Have clear accountability procedures • Have agreed terms of reference for negotiation • Negotiators will be appointed by a selection panel • All groups are included in the process 2. Demonstrate quality political leadership by: • Developing processes in conjunction with the people • Demonstrating good governance practice. • Transparent accountability to the people. 3. Promote trust and faith so that: • Our shared cultural values are demonstrated • No one will be left out • We trust one another • We support the people chosen 4. Political leadership should have a governance structure that: • Ensur~s shared vision • Minimises conflicts of interest between I wi reps and their people • Ensures Iwi are not confused Table 5.3 Taking Control Of The Education Of Our Children I. Teaching starts from home so that: • As parents we feel accountable to provide for our children's needs • The children know about karakia and whanaungatanga • Children and parents have quality time together to establish loving respect for each other • Children become strong and independent leaders who will lead by example with parents walking the talk 2. We want a Maori education strategy which is: • Based on tikanga, tautoko, aroha, taha wairua and whanaungatanga • For Ngapuhi nui tonu • To cater for past, present and future - starting before birth • At home and in the schools 3. Change the way our tamariki are taught so that: • We believe in whatis taught • We can plan career paths well in advance • Children are taught taha Maori, including Well being Mahingakai Kaitiakitanga 4. Take control of the education of our tamariki by: • Teaching them as soon as they are born • Telling them that education is vital 140 • .. • • • Telling them there is no limit to knowledge in our lives Showing good examples including traditional teachings so children learn to walk the talk Teaching children to love and respect themselves and others Nurturing their mauri by providing an environment built on enhancing their identity Utilising traditional Maori concepts to strengthen the mana of Maori children 5. We will create a proactive regime of learning which will: • Ensure social needs are met • Include a type of education system we as whanau want put in place for our tamariki 6. Instruction of our tamariki so that: • We can talk out our family values and kaupapa, and awhi tamariki • There is open and relaxed communication between the teachers and parents • By becoming members of school boards we know what our tamariki are learning • That they may excel • Our children become well equipped leaders for tomorrow 7. Ko te matauranga te ara tika mo nga tau kei te heke mai - education is the future • Kia puaki tonu te huarahi ki te minita 0 te matauranga - open communication line to the ministry • Me whakahuihui nga whanau, me nga tarahiti 0 nga kura - mobilise whanau to meet regularly with the trustees • Kia akongia nga kura tauiwi ki nga tikanga Maori - mainstream needs to identify with tikanga Maori • Me te huihui me nga tamariki ki te rapu i nga kaupapa pai ki a ratou - hui with tamariki to find out what they really want and cater for it • Me ako nga tikanga Maori i roto i nga kura katoa - tikanga Maori needs to be taught in all schools 8. Taking control of the education of our tamariki so that: • We can help the educators and decision makers to provide the best for our tamariki • We can understand teachers' responsibilities as educators • We attend parent teacher interviews regularly 9. Taking control of the education of our tamariki by: • Getting on the Board of Trustees • Making sure the school is a safe and enjoyable environment for the children • • Encouraging child when they get something wrong • Teaching them basic things • Getting more funding for our talented tamariki • Bringing back our local ar€;a schools 10. Taking control ofthe education of our tamariki by: • Being totally involved • Ensuring we have a stable and happy environment filled with love, respect and understanding • Showing that learning is a two way thing -listening to children's wants and needs • Getting onto Boards Of Trustees - the body which sets the ground rules • Not being made to feel inadequate - so we can communicate at the same level· • Being confident in ourselves and not feeling threatened by tauiwi terminologies etc • Expecting teachers to be of highest quality so our children come through the system just as highly qualified 141 The compilation of the items in this table from the initial generation of ideas to editing the list of objectives and sub-objectives took around one hour. Participants were impressed with the power of their collective efforts, and could visualise that a larger hui with more time to spend refining the results of their analysis would be able to assemble an impressive policy statement on this topic. Research findings from kowhai raparapa were: I) Participants were able to grasp the method of generating ideas on 'kowhai raparapa' and arranging them into affinity groups very quickly, with some more able than others to generate ideas on the issue being analysed. 2) As a group participants were able to reach agreement in a very short period of time on a collective approach to complex issues, with some participants in a work group being more productive than others in some aspects, but all participants taking responsibility for the final outcome. 3) The technique of initially working in silence again proved effective in generating ideas while postponing discussion of their relevance or priority until all ideas were asse!llbled and ready for grouping. 4) The technique demonstrated that it was possible for participants in a wananga situation to reach agreement on complex or controversial matters without disagreeing, using techniques which fostered consensus rather than discussion. Action Planning The process of moving from objectives to a detailed action plan was important for participants in order to complete the strategic planning process. To demonstrate the process workgroups were asked to provide a detailed action plan of a tangihanga. This topic provided an opportunity to involve pakeke in an exercise where their experience and expertise would be valuable. They actively contributed to the experience, and participants gained some insights into an aspect ofMaoritanga which they may previously have taken for granted. In particular it was noted that the preparation of a tangihanga by iwi kainga is often commenced with very few resources on hand, and with expectations of an unknown number of mourners who will require hospitality over two or three days. Research Findings: 1) The intricacies and uncertainties involved in planning and carrying out a tangihanga to the exacting standards of whanau and manuhiri demonstrated that Mliori have a 142 tradition of planning and executing complex projects, succeeding under uncertain conditions, with few material resources. 2) Even though the planning may not be obvious, achieving results in situations where there a number of variables requires careful planning to ensure things occur in their correct sequence, and so that changes can be made to accommodate variations from initial expectations. Difficult Situations This event commenced with a discussion of the types of misunderstandings that sometimes occur between individuals and whanau. The discussion centred on a model of analysis, with examples to illustrate each aspect of the analysis. A case study was then presented for role play and each workgroup had the task of analysing the situation according to the model. A role play was undertaken, with further analysis of each stage of the model. The following report suinmarises the nature and content of discussions of some of the causes of dissension among individuals and whanau. 1) Participants noted that misunderstandings among individuals and whanau· frequently occur because of assumptions made in interpreting the actions of the other people involved. Situations are complicated where some family members live in close proximity to their rural base or marae, while others liver near their work, in towns and cities. Communications become misunderstood or misplaced, and where decisions appear to be urgent there is always the possibility of people who consider that they should be involved being left out.)Vhen people are left out of the decision making process it appears that suspicions regarding motivation begin to appear, and if accusations or anger are expressed then a cycle of difficulties may ensue. 2) With the advent of legislated organisations to manage assets there appears also to be fertile ground for roles to become confused. If senior people within whanau are involved in the governance ofthese organisations then they may transfer their authority and responsibilities as pakeke to their role in the Trust or Company. This may lead to decisions being taken which generally would involve a wider discussion among whanau or hapU, and where they are matters involving tikanga or decisions relating to Marae or 143 urupa then quite major resentment may occur among those who have been left out of the decision process. 3) Another fertile ground for dissatisfaction, suspicion and erosion of trust is in pursuing land claims with the Office of Treaty Settlements. It is notable that the case study used in this event depicts controversy over the pursuit of a land claim, and in every location there were people who were adamant that they knew the real people that each of the roles portrayed, and were entirely familiar with the circumstances of the case. The model appeared to be particularly useful in identifying the position taken by individuals involved in difficult relationships, i.e. a stated belief or desired outcome which the individual puts forward. This may be different to the real interests which may underlie a person's stated position. These are matters which an individual may not be aware of, and examples were identified such as a person putting forward the position that a decision has been made without sufficient discussion, when their real interest is that mana or status has been diminished because they were not included in the decision process. Discussion of the case in each location revealed that most workgroups were able to draw this distinction. Identification of real interests became a source of fascination among participants and the need to make the distinction was understood. The terms "position" and "real interests" became terms raised in various discussions during the wananga, and turned to humour in some locations. Participants also discovered that the· time taken to analyse a person's real interests was often sufficient to allow anger to subside and tensions to ease. Discovering plausible real interests underlying an unhelpful or. unpopular position was a - - source of enthusiasm. It also provided encouragement to, think more carefully about why people took their positions and on this basis, what strategy might be adopted to improve relationships. Participants were able to identify the contribution of each role in the case study. While those playing each role were often vigorously defensive of their blamelessness it was also acknowledged that assuming that everyone involved has contributed to a difficult situation was more productive in achieving reconciliation and improved relationships. than attributing blame. Participants were readily able to identify what each role in the case might have done differently in order to avoid the difficult situation. 144 The research findings from 'difficult situations' were: 1) Participants were able to utilise a simple model for analysing difficult situations and make a number of distinctions relating to the point of view of various people involved in the situations, including their stated position and their real interests. 2) Participants noted that usually most of the people involved in a situation which becomes difficult have contributed to the misunderstanding or difficulty. 3) Participants were able to plan action to resolve the difficulties and improve inter­ personal and inter-whanau relationships. Negotiation Strategies Negotiations are very much a "fact of life for Maori trying to retrieve assets, and many participants were able to provide examples of negotiations which were still in train after years of frustration and seemingly little progress. The analytical model provided a simple but logical basis for thinking through the negotiation process, and each aspect of the model was discussed and illustrated with examples. > A role play depicting a common cause of dissension was developed and different workgroups took opposing sides in the ensuing negotiation. Prior to negotiation each workgroup had to undertake an analysis of the situation and develop a negotiating strategy. Negotiations were limited by the time available. Groups were encouraged to cut to the chase and focus on their real interests. The role play seemed to have an equivalent real situation in each location and in one or two wananga it seemed that certain individuals were taking up the argument where they had left off. In one example the leader of an u..nsuccessful workgroup identified so closely with the case which involved ownership and use of land that he was unable to detach from the real situation, particularly because the other party in the real situation was in the opposing workgroup. It was interesting to observe that while the negotiation within the wananga situation was not successful the opposing parties spent until the early hours of the following morning analysing the situation and were able to report to the wananga on the following day that the dispute had been resolved and an agreement had been negotiated. Of the 57 teams who took part in a negotiation exercise, only 3 teams were unable to negotiate an agreement. The few exceptions were notable because in all but one case one team contained at least one person who had missed a significant part of the wananga, but was prominent in the negotiations. Lack of familiarity with the analytical models showed up and in each of the three 145 ­ cases where opposing workgroups were unable to reach agreement, the negotiation strategy of one of the teams was to win, rather than to reach agreement. The inconclusive negotiations were valuable in highlighting the importance of both sides wanting to achieve agreement by consensus, and the difficulties which arise when one side holds to a position. The example of political negotiations was frequently discussed by participants, concluding that because the interests of justice and the interests of politics are often widely different, making agreement between negotiating parties is difficult to achieve. This occurs when the benefits of reaching agreement are unequal and the real interests of both sides cannot be reconciled. The research findings gained from 'negotiations' were: 1) Participants were able to analyse a situation and to construct a negotiation strategy based on the identification of the real interests of opposing sides. 2) The consensus building strategy which is the basis of all of the analytical methods offered during the wananga was effective when it was followed, but was not intuitive to Maori. It required that both parties to a negotiation were able to identify their real interests. In addition, both parties must see more value in reaching an agreement than in failing to agree. 3) Where participants followed the model for analysing negotiations their workgroups were able to develop a negotiating strategy quickly and without major disagreement. 4) Where negotiations were not successful and did not result in an agreement it was sometimes difficult to convince both parties that they had failed in their objective, which was to reach agreement. It was not immediately obvious to people who were new arrivals at the wananga that reaching agreement without disagreeing was a desirable outcome. Analysing Miiori Organisations This event sets a context for exploration of some of the issues which have been raised during the wananga about the performance of Trusts or Incorporations and other entities which have responsibility for significant assets. .. It is a discussion around the different purpose and leadership of two types of organisation which despite their differences might still be considered to be Maori organisations. At one end of a continuum of Maori organisations there are customary Maori organisations - whiinau, hapU and iwi. Their structure and authority has arisen from the need for whanau and hapU to have leadership, order and predictability as a necessity for survival. Organisations 146 which have this type of origin and reason for existence may be known as ropu tuku iho (traditional institutions with ancient origins). Their accountability to their members is described in Chapter Two above. They are not legal entities created under legislation. At the other end of the continuum are organisations whiCh, although owned by Maori and provide services to Maori, inherit their structure and authority from legislation. These organisations may fulfil a variety of useful purposes and might sometimes have within their leadership structure some of the same people who are the leaders of ropu tuku iho. However, the way they conduct themselves must conform to legal requirements and they may be called to account in a legal forum to answer for their activities (see Puketapu l ). Although there are numerous Maori organisations which would consider themselves to be somewhere between the two poles of this continuum it is helpful for understanding the characteristics of these different organisations to focus on the extreme examples. A Maori owned limited liability company delivering services to Maori was chosen as an appropriate example of a legislated organisation. These different organisations were analysed in terms of their purpose, the tasks they would need to complete in order to achieve their purpose, and the capabilities required of their leaders (Table 5.~). The capabilities required of kaumatua and executives described above are a compilation drawn from discussions among participants, and are not intended to represent a comprehensive analysis of their roles. Comparing the role of the kaumatua with that of the chief executive officer of a service delivery company brought into focus for participants the different requirements of the two roles, and their relative importance in terms of their real interests and long term objectives. Some of the comments reflected on the selfless· service expected of kaumatua who are typically available at any time where there are important rituals such as .~ .~ tangihanga or powhiri. Paradoxically, kaumatua would poirit out that it would be demeaning for them to ask for or accept more than out-of-pocket expenses, and that their mana would suffer should they become salaried in their positions and thereby accountable to a Board or a manager. Their accountability is to their whanau and hapU, with mutual responsibilities, although most kaumatua wryly pointed out that many whanau and hapU forget their duty to care for their physical needs. Every wananga recognised that the intellectual property of the whanau and hapii This exercise had the purpose of bringing to the attention of participants a means of identifying some of the consequences of delegating whanau and hapU responsibilities to legislated organisations. resided with a small and diminishing group of elders, the leaders of whanau, hapU and iwi. 147 rable S.4 Analysis of Traditional and Legislated Maori Organisations ROPU TUKU IHO Whanau, HapU, Iwi PURPOSE Maintain for whlinau, hapU and iwi • well being • identity • taonga • mana • trust and satisfaction Unbounded - makes its own rules TASKS • rituals • spiritual guidance • dispute resolution • facilitation of hui • passing on knowledge • leadership ofwhanau, hapU CAPABILITIES • Skills memory of karakia perform waiata guide hui to consensus welcorrie manuhiri • . Knowledge . land boundaries whakapapa .location of kai moana history of the rohe • Experience attendance at many hui done every job on Marae familiar with local whanau whanau administration • Qualities unswervingly ethical respected by community patient and good humoured live for the community Accountable to hui ofwhanau, hapU or iwi Horizons encompass many generations SERVICE DELIVERY ORGANISATION Trust, Incorporation, Company PURPOSE Deliver to shareholders and investors • survival • profit • growth • market advantage • legal compliance Bounded - operates within legislation TASKS • production • delivery • planning • . accounting • promotion • people management CAPABILITIES • Skills inter-personal relations planning recruitment people management • Knowledge products processes relevant legislation financial reports • Experience up to 4 years' study up to 10 years working supervisory • Qualities intelligence honesty diligence Accountable to Board of Directors Horizons less than one generation 148 Where legislated organisations, such as Runanga, take over the tasks of ropu tuku iho the possibility of confusion is introduced. The appointed executive committee of the Runanga will not always consist of pakeke, and so wiII not always have the capabilities expected ofkaumatua. Members of the executive committee may not be aware of any deficit in their skills, knowledge, experience and personal qualities and may do the best job they can, in good faith. However, if the skill and knowledge of kaumatua is not available, or if those people who have the capability required to lead whanau and hapU are not expected to do so, then their skill and knowledge will not be sought or passed on to the next generation. It would take only one generation without access to kaumatua before the capabilities implied in this role would vanish. Participants spoke of current examples where this had occurred, and wananga were held where there was no-one capable of undertaking a formal powhiri or conducting karakia. Wananga discussions also identified difficulties in relationships between the appointed representatives of legislated organisations, and at one wananga this was well illustrated when a group of pakeke advised that they needed to leave the wananga for a short time in order to attend the Annual General Meeting of a Trust which administered land in which they had significant interests. They wished to present some serious concerns. The group returned sooner than expected, and told the hui that the Board of the Trust had taken advantage of their absence and rushed through the whole agenda including presentation of fmancial reports within forty­ five minutes. The hUI had ended by the time these shareholders arrived. This incident was the most vivid among examples of similar incidents cited by participants at other wananga. There was a feeling among many participants that the appointed Boards, particularly for organisations such as Runanga and Maori Trust Boards which are established under special legislation, often-take great pains to reduce their accountability to stakeholders . . ' Examples were also cited by participants where Runanga or Trusts had passed resolutions or written into their constitutions that they held kaitiakitanga over matters of tikanga for their rohe. Because these organisations existed through legislation it was feared that the interpretation of tikanga for this rohe could be challenged in Court, and final power of decision could pass out of the hands of whanau, hapu and iwi. Despite the many expressions of dissatisfaction with the way in which legislated organisations operate and communicate with their stakeholders the general opinion of participants was that the legal formality with respect to land title made them a better option than having communally owned assets registered in the name of individuals. Issues of succession and the ability of 149 ­ individuals. to dispose of the assets outweighed the identified disadvantages of Trusts and other legal entities. Participants were also able to point to some of the benefits of Trusts and Incorporations in dealing with land issues. For example: I) "Security of land title for wbanau members with interests in the land. 2) Difficulty ofland sale without notification and consultation with owners. 3) Identification of benefits coming from lease or use of the land. 4) Ability to develop policies for equitable distribution of benefits. Disadvantages oflegislated organisations included the following: 1) Some appointees to governance positions appeared to believe that they were not accountable beyond the whanau which may have nominated them for their position. 2) Some appointees appeared to gain benefits out of proportion to their responsibilities. 3) A new social structure had developed parallel to the structure of whanau and hapii, with appointees to legislated organisations having powers of decision making with respect to assets. Trustees or appointees to these organisations do not defer to the authority ofkaumatua. 4) The meetings at which the business of legislated organisations is conducted may distort the form of traditional hui and discard conventions such as allowing people freedom to speak, and deference to age and experience. Kaumatua appointed to governance positions may not be accorded the respect due to their experience and the mana of their position. Voting procedures may have the effect of reducing them to the same level as the newest and most inexperienced appointee. Where their opinions and advice is ignored there may be lessening of "mana, to the point where the role of a kaumatua may be less infl\lential than the governance role of appointees to legislated organisations. 5) Meetings may be 'chaired' rather than facilitated, and rules and procedures whether or not they are soundly based are used to advantage the interests of the chairperson and hislher supporters. Tactics such as conducting some business in te reo Maori, or occasionally not using appropriate Miiori equivalents to explain difficult concepts, were cited as tactics to disadvantage some people and diminish their rights as stakeholders. The timing of meetings was noted as another way in which those with particular interests could be disadvantaged. 6) It was suggested that groups within a Board who share particular interests may cite tikanga Maori in support of their position, arguing tikanga in the face of professional advice or adequate consideration of the longer term consequences of the decision. 150 Confusion and disillusionment could be created where tikanga was not consistently used as the basis for decisions, but was used to gain an advantage over people who might be less confident in their tikanga. 7) Some participants who were members of legislated organisations spoke with feeling about the demands of being members of different organisations. They cited pressure of work as a difficulty in communicating with stakeholders, and also suggested that many stakeholders did not attend meetings and did not read the information which was provided to them. There was a feeling of injustice among appointees to executive committees when stakeholders complained about matters in which they had previously shown no interest. Participants in the wananga were enthusiastic about techniques which would allow them to analyse the workings of the legislated organisations and so gain a feeling of empowerment. Examples were raised in many wananga which highlighted the dangers of relative ignorance in dealing with organisations, and particular instances were cited where professional advice would have been an advantage. While it was not the purpose of the wananga to provide such advice it was considered part of the responsibilities of the wananga to point out where advice might be sought and to suggest the type of issues whicb. might be explored to reach greater understanding of a situation. The research findings from analysing Maori organisations were: 1) There was an inherent conflict between the structure and functions of ~opu tuku iho (whanau, hapU and possibly iwi) and legislated organisations, which derived from the way in which the business of these organisations had been conducted, and legal requirements with which they must comply. 2) One consequence of the different objectives of ropu tuku iho and goods and services ... .<* organisations was diminution of the influence and mana of leaders of ropu tuku iho (kaumatua) and a corresponding increase in the influence of leaders (governors and executives) of Trusts, Companies and other legislated organisations with responsibilities for collective or multiple-owned assets. 3) Another consequence was that people often felt excluded from the decision making processes of legislated organisations and a feeling of dissatisfaction and distrust developed. Sometimes this feeling of exclusion was justified and sometimes it reflected inadequate effort on the part of stakeholders to become informed and support the work of appointees. 4) When the purpose, tasks and capabilities ofropu tuku iho and legislated organisations were analysed and discussed there was a greater appreciation for both, and a 151 realisation that the mana and the ongoing cultural survival ofropu tuku iho depends of the ongoing availability ofkaumatua with the necessary capabilities. 5) There were dangers in exposing kaumatua to the decision making procedures of legislated organisations because of the levelling effect of voting as opposed to consensus. Where the opinion and advice of kaumatua was ignored or defeated there may have resulted an erosion of their mana which could adversely affect their other roles within ropu tuku iho. 6) Despite the apparent disadvantages associated with legislated organisations there was recognition of the advantages of having a legal entity which was subject to legal rules and requirements with respect to its powers and decision making procedures. There was greater certainty and protection for property title in such organisations. 7) Confusion and dysfunction resulted ""hen there was no clear guideline for the influence oftikanga Maori within the governance processes oflegislated organisations. Where tikanga was used as a tactic for the advantage of one group of appointees against the interests of others, the status of tikanga as a guide to behaviour was discredited, and distrust and dissatisfaction resulted. 8) Where matters affecting taonga tuku iho or the mana ofwhanau and hapU (for example their right to consider Resource Consent applications within their rohe) were. placed within the jurisdiction of legislated organisations, then they could have been subject to review and decision by the Courts in their role as final arbiters of the processes and conduct of legislated organisations. The consequence would have been that matters of tikanga and mana could be determined by the Courts rather than by ropu tuku iho. 9) The increased influence of legislated organisations in the organisation and management of the affairs ofhapii was matched by a diminution of the responsibilities of hapii with consequent ero~ion of their reason to exist. Their continuation beyond the present generations was guaranteed only by the presence of people with the capabilities to fulfil the essential role of Kaumatua and this was by no means certain for many hapU. Meeting Procedures The meeting procedures Maori organisations used to make decisions emerged from the research as a major source of dissatisfaction for shareholders. Further consideration of the differences between Maori and Pakeha decision making models shows where the protocols of tikanga and legislated structures can be in conflict. The model of legislated organisations operating under tikanga Pakeha is illustrated in Figure 5.8. Resolutions to be debated are usually formulated before the meeting takes place and are 152 notified to members. The limited time available for the meeting, keeps speakers to the point of the resolution, and allows only minor changes in the resolution before voting takes place, at which point the resolution is either passed or defeated. Any public reaction to the resolution takes place after the meeting has passed the resolution, and considerable energy is required to change a resolution once it has been approved by a majority of those attending a meeting. The Pakeba meeting process is not helpful for many Maori. It is not simply their lack of experience and familiarity with the legal processes, but is a much more fundamental dissatisfaction with a process which is antithetical to tikanga Maori. In particular, the 'majority rule' system of decision making is a threat to the mana of older people, particularly those of Rangatira or Kaumatua status. In a hui their views can be considered and revised with due respect, with the inclusive consensus as the end point. Figure 5.S Tikanga Pikehi Meeting Procedure Ri,utltJn' Meeting '.~a.tlngc