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The network of diplomatic posts operated by the New Zealand Ministry of Foreign Affairs and Trade (the Ministry) represent New Zealand on the international stage. Staffed by a combination of diplomatic and locally engaged staff, these posts are New Zealand’s face to the world. A small proportion of the diplomatic staff are Māori (indigenous). Māori art and imagery are used extensively throughout these posts. This research examines the use of Māori (people, images and practices) in New Zealand’s diplomacy. In particular, how specific aspects of New Zealand’s diplomatic practice draw on Māori cultural practices or imagery and what is intended or understood by the symbolism inherent in their use. In the context of the wider physical environment utilized by New Zealand’s offshore presence, these issues are considered through the theoretical lenses of diplomatic symbolism, architectural diplomacy, representation and the use of works of art as image building diplomacy. In addition to a series of semi-structured interviews with key Ministry staff and an analysis of relevant documents of interest, case studies are utilized. Two of these examine how New Zealand is physically represented in an overseas posting environment in two Pacific contexts. One, a long-standing diplomatic representation in Rarotonga in the Cook Islands (part of the Realm of New Zealand which is self-governing in free association with New Zealand – with close cultural ties with Māori in New Zealand), and the second in a newer relationship in Noumea, New Caledonia (an overseas territory of France). The final case study – Canberra- considers New Zealand’s close relationship with Australia. Key research findings illustrate the Ministry (and by extension New Zealand) uses various forms of bicultural symbolism (through the use or display of Māori taonga, objects and art forms) to represent New Zealand internationally. In addition, this use of bicultural symbolism does not adequately consider the disconnect between the outward face of the Ministry and the inward realities (specifically related to the position of Māori staff and the Ministry’s policy function). The research contribution will add to knowledge about New Zealand’s diplomatic thought and practice and address the gap in the literature of how New Zealand has used diplomatic symbolism in relation to Māori to express a collective identity as part of New Zealand’s diplomacy.
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This literature review has been conducted to consider the various national legislation and international agreements that comprise New Zealand’s Intellectual Property Rights (IP) regime. It will evaluate if and how such legislation and agreements protect and enable Māori IP rights and interests with respect to Māori data, genomic data and mātauranga Māori. The review also identifies some mechanisms that might also enhance Māori control of these types of data. The Westminster approach of legislation in New Zealand and its approach to IP protection based on Copyrights, Patents and Trade Marks are juxtaposed against traditional Maori approaches of communally held ancestral knowledge (mātauranga) passed down through generations (whanaungatanga) based on guardianship and protection (kaitiakitanga) and the self-determination of use of such knowledge (rangatiratanga). Attempting to align tikanga concepts to the Westmionster model of law is challenging as the two share completely different notions of ownership and responsibility. Expectations of protection, to prevent misappropriation and commercialisation by non- Māori of mātauranga Māori and Māori data, extend beyond the parameters of existing IP law, creates a similar disjunct. Genomic Research generates data, some of which can be protected by IP, however researchers working with genetic/genomic data from taonga species have often failed to acknowledge the non-IP interests of Maori. As a result, Maori have taken it upon themselves to advocate for their rights to data through Māori data sovereignty discourse as well as create guidelines for culturally appropriate genomic research with explicit references to data security and management (e.g. Te Mata Ira, Te Nohonga Kaitiaki). Other extra-legal options, such as Biocultural Labelling to alert users where particular data has Māori rights and/or interests, are emerging to maintain create durable provenance data and connect next users of data with the responsible Indigenous communities. Though the intellectual property regime in New Zealand may provide some protections, there are still significant areas where the legal system does not provide sufficient protections for Māori data, taonga species and mātauranga. The UN Declaration on the Rights of Indigenous Peoples provides a framework of international support for Indigenous rights, but local government and other home-grown mechanisms are important to enable Māori governance of data. Local approaches Māori Data Sovereignty and Māori Data Governance afford Maori the opportunity to be directly involved as kaitiaki of their mātauranga and assert rangatiratanga over data and its use.