1. Mason Durie Australasian Bioethics & Health Law Conference The Kirby Oration 2012

2.  Whakarongo, whakarongo, whakarongo mai ra; Whakarongo ki te tangi a te manu nei;  Tui, tui, tuituia;  Tuia ki runga  Tuia ki raro  Tuia ki roto, tuia ki waho  Tuia ki te here tangata  Ki te wheo ao, ki te ao marama.  Listen to the call of the Tui bird  Calling us all to unite  Unite with the skies  Unite with the earth  Unite people with their ancestral lands  Unite individuals with their people  In order to live In a world of light

3.  E nga manuhiri kua tae mai ki Aotearoa, koutou hoki no tenei ao. Tena tatou katoa.  Otira, Ngati Whatua, koutou o te kainga, anei nga mihi whakawhetai ki a koutou i manaakitia mai ki tenei ope e huihui ana ki Tamaki Makaura  Anei tatou i tae mai kia ata tirotiro nga tini take e pa ana ki te hauora tanagta, me nga tumanako mo apopo.  Kia ora.  Greetings to those of you who are visitors to this country; and also to those who live here.  And special recognition of the local tribe, Ngati Whatua, and to those who have contributed to this conference in Auckland.  We have been united by a common quest to discuss the ways in which we can value health and ensure that people can live their lives with dignity and purpose.  Stay well He Mihi A word of greeting

4. Human Rights Human Dignity

5.  5000 indigenous and tribal groups  200 million people  4% of the global population Maori

6.  Tribal society (now largely urban)  Population 565,000 (15% of total population)  Life expectancy 72 years (c.f. NZ 79.9 years)  Median age 22.7 years (c.f. NZ 36 years)  Over-represented in most categories of illness and injury. Distinctiveness

7.  Ecological tiesMana whenua  Human encountersMana tangata  Autonomy & self determination Mana whakahaere 3 characteristics

8. The elements Forests & birds The seas, waters, fish Crops & Ferns Humankind Spiral The earth mother and the sky father forced apart by their children Separation enabled light and growth But connections were retained

9. Outward flow of energy People, land, flora, fauna, water, air, cosmos Centrifugal direction Relationships and context give rise to knowledge Smaller entities make sense when viewed in relationship to larger entities Identity Connections between species

10.  People are part of a wider ecological context  Tangata whenua People of the land  Turangawaewae A land-based reference point Mauri

11. Relationships between:  People and the natural environment  Tangible and intangible dimensions  Organic and inorganic material  Past and future (intergenerational continuity)  The microscopic and the macroscopic  Tangata whenua (Hosts) and manuhiri (visitors) Marae

12. Tangata whenua Whaikorero Tapu Koha Social conventions Terms of engagement Level of risk Reciprocity Autonomy

13. Potatau te Wherowhero 1858 Tuheitia 2006 The Maori King The State The Treaty of Waitangi 1840 Implications

14.  Ecological Ties The ethics of eco-connectedness  Human Encounters The ethics of engagement  Autonomy and self determination The ethics of empowerment Eco-connect

15.  Synergies between people and the natural environment  Balance between human endeavours and environmental sustainability  Longstanding connections between species  All environmental forms have a unique ‘mauri’ Balance

16.  Human & environmental equilibrium  Climate change, carbon emissions  Human adaptation to the environment  Type II diabetes (living in consumer environments)  Species specificity  xenotransplantation  Species survival  Assisted reproductive technologies, organ donations  Stem cell research Engagement

17.  Relationship building – assessing risk & motive  Time  Space  Agreement on terms  Mutual benefits  Mutual respect and mutually re-enforcement Implications

18.  What is the reason for engagement with Maori ?  Is the research seeking a sample of Maori views or a sample of views on Indigeneity ?  Who to engage with ?  Where should engagement occur ?  Long term relationship or ‘one off’ ?  Ownership & management of information & data – what arrangements have been negotiated and will they benefit or compromise Maori participants ? Empowerment

19. Informed ConsentActive participation Guardianship: Knowledgeable space to decide time to reflect Involvement in research design advice on research protocol, & methods Researcher as well as ‘subject’ of research research integrity Indigenous environmental interests research data dissemination of results Promoting ethics

20.  Shifting researcher attitudes  Indigenising ethical standards and protocols Researcher attitudes

21. Ethical complianceMutual benefits Research methodResearch impacts Centripetal focusCentrifugal focus RecruitmentActive participation Scientific meritTranslational gains Consultation Relationship Standards Protocols

22.  Declaration on the Rights of Indigenous Peoples (2007)  WAI 262 Report of the Waitangi Tribunal (2010) DRIP

23. ‘The Declaration on the Rights of Indigenous Peoples provides a global benchmark for indigenous heritage, justice, and future planning.’ Article 31

24.  1. Indigenous peoples have the right to: maintain, control, protect and develop their cultural heritage, traditional knowledge and traditional cultural expressions, as well as the manifestations of their sciences, technologies and cultures, including human and genetic resources, seeds, medicines, knowledge of the properties of fauna and flora, oral traditions, literatures, designs, sports and traditional games and visual and performing arts.  They also have the right to maintain, control, protect and develop their intellectual property over such cultural heritage, traditional knowledge, and traditional cultural expressions. Article 32

25. ‘Indigenous peoples have the right to determine and develop priorities and strategies for the development or use of their lands or territories or other resources.’ ‘States shall consult and cooperate in good faith with the indigenous peoples concerned through their own representative institutions in order to obtain their free and informed consent prior to the approval of any project affecting their lands and territories or other resources, particularly in connection with the development, utilisation or exploitation of mineral, water or other resources.’ Wai 262

26.  WAI 262 Matauranga Maori  Claim to the Waitangi Tribunal  Protection of native flora, fauna, & Maori knowledge Claim

27.  1991 claim (Wai 262) to Waitangi Tribunal  Crown’s failure to recognise Māori rights & authority  indigenous flora and fauna  rights of Iwi in connection with the protection, control, conservation, management, treatment, propagation, sale, dispersal, utilisation and imposition of restrictions.  Later expanded to include  indigenous knowledge,  cultural works such as designs, sacred sites, genetics, indigenous medicinal knowledge, bio-prospecting,  commercialisation resulting from Māori knowledge, culture or properties. Report

28.  the focus is on the relationship between Māori and the resources concerned.  Shared decision-making should be possible without diminishing the significance of tino rangatiratanga (autonomy)  The principle of partnership is central to New Zealand’s evolving constitution  Partnership should be discussed within a futures framework rather than as a by-product of historic grievance. 262 Summary

29. At the heart of the claim was a concern that the Māori should have full participation in decisions about the natural environment, Maori health and wellbeing, and works arising from Māori cultural knowledge Kirby

30. Justice Michael Kirby

31. The ethics of empowerment The ethics of eco-connectedness The ethics of engagement Ecological ties Human encounters Autonomy & self determination End An Indigenous Research Ethical Framework Standards & Protocols for Research with Indigenous Peoples