Intellectual Property - Mātauraka Māori

Section
Corporate
Approval Date
27 February 2025
Approved By
Executive Director
Next Review
27 March 2027
Responsibility
Deputy Chief Executive: Tiriti and Partnerships
Baldrige Criteria
Operations
Purpose

This policy is to uphold Otago Polytechnic ’s commitment to Te Tiriti o Waitangi by giving mana to the relationship between intellectual property and mātauraka Māori. 

The Mātauraka Māori Policy: 

  • Clarifies the ownership of intellectual property developed by kaimahi and ākonga that incorporates mātauraka Māori; 

  • Intends to foster and empower individual and collective innovation by recognising and respecting pre-existing rights and responsibilities in relation to mātauraka Māori; 

  • Encourages the sharing of mātauraka Māori by recognising and respecting rights and responsibilities in relation to mātauraka Māori; and 

  • Provides guidelines for commercialisation of Intellectual Property incorporating mātauraka Māori 

Definitions

Mātauraka Māori 

In this policy, mātauraka Māori means the knowledge, innovations and practices which are:  

  • generated, preserved and transmitted within Māori communities and between generations;  

  • distinctively associated with or linked to traditional Māori culture or communities through a sense of custodianship or cultural responsibility; or  

  • identified by the source community as being mātauraka Māori. Mātauraka Māori includes, but is not limited to: 

  • Literary, dramatic, artistic, and musical works; 

  • Traditional ecological knowledge; 

  • Traditional medicinal knowledge; 

  • Place names; 

  • Tikaka Māori (Māori law and ethical understandings); and 

  • The philosophical/epistemological systems underpinning all of the above. 

 

Mātauraka Māori includes knowledge, innovations and practices which may or may not be recognised and / or protected under statutory intellectual property instruments, and are not subject to the originality, novelty, and duration prescriptions of those statutes. 

Mātauraka Māori includes knowledge, innovations and practices that originate in historical and contemporary times. 

Should any dispute arise as to whether a particular knowledge, innovation or practice should be classified as mātauraka Māori, the opinion of the originating community or individual shall take precedence. 

 

Intellectual Property - includes the rights to all created workRefer Otago Polytechnic  Intellectual Property policy. 

 

Policy

1.          Rights and Responsibilities over Mātauraka Māori 

1.1.         Mātauraka Māori Otago Polytechnic recognises as an evolving ancestral inheritance that is a taoka protected under Tiriti o Waitangi and which serves to maintain, enhance, transmit and generate cultural identity within Māori communities. Otago Polytechnic accepts that under tikaka Māori (Māori law and ethics) Māori individuals and communities have conditional rights to use and access mātauraka Māori, contingent upon their fulfilment of kaitiakitaka (guardianship) obligations. 

 1.2.        Otago Polytechnic recognises that mātauraka Māori introduced to the Polytechnic by kaimahi or ākonga remains subject to the kaitiakitaka obligations and principles recognised by the originating community and / or individual(s). Accordingly, Otago Polytechnic will support originating communities and / or individuals to fulfil kaitiakitaka obligations in respect of mātauraka Māori incorporated into materials held by Otago Polytechnic and will also act as a secondary kaitiaki in collaboration with the originating community and / or individual. 

 1.3.        Otago Polytechnic recognises that the use and development of mātauraka Māori is subject to the overriding principles and obligations of kaitiakitaka. Therefore, Otago Polytechnic will at all times ensure that access to and use of intellectual property containing mātauraka Māori maintains and enhances the integrity of the mātauraka and the originating community and / or individual. 

 2.          Intellectual Property and Mātauraka Māori 

2.1.         Intellectual property created in the course of work, study, or research that incorporates mātauraka Māori, or elements thereof, shall be treated as creating severable ownership interests. 

 2.2.         Mātauraka Māori shall remain under the ownership and kaitiaki relationship of the originating community and / or individual. 

 3.          Mātauraka Māori held by Kaimahi or Ākonga 

3.1.         Otago Polytechnic recognises that kaimahi and ākonga may be repositories of mātauraka Māori. 3.2.        Otago Polytechnic does not assume rights or responsibilities over mātauraka Māori held by kaimahi and ākonga. 

 4.          Mātauraka Māori held by Research Collaborators 

4.1.         Otago Polytechnic recognises the valuable role of Māori communities and individuals as research partners and participants. In respect of any research collaborations with Māori communities and / or individuals, Otago Polytechnic may negotiate the terms and conditions that give effect to the aspirations and obligations of the originating community and / or individual. 

 5.          Sharing of Mātauraka Māori 

5.1.         Otago Polytechnic acknowledges that mātauraka Māori is a significant component of Aotearoa New Zealand’s heritage and that sharing mātauraka Māori facilitates inter-cultural dialogue and understanding that is in the national interest. 

5.2.          Otago Polytechnic recognises that the Māori community has the primary interest over the mātauraka as the kaitiaki. 

 6.          Commercialisation of Mātauraka Māori 

6.1.         Otago Polytechnic will not commercialise intellectual property that incorporates mātauraka Māori, or elements thereof, without: 

 a.              Seeking the consent of the originating community and / or individual. 

 b.              Reaching agreement with the originating community and / or individual on protocols for the use and development of the mātauraka Māori sufficient to preserve and / or enhance the integrity of both the mātauraka and originating entity.; and 

c.              Reaching an agreement with the originating community and / or individual on a fair and equitable benefit-sharing regime, that recognises the contributions and value of the respective contributors. 

 

Approved

Dr Megan Pōtiki

Executive Director

27 March 2025

 

Policy Version: V3:  Previously Coded: MP1100.