Monday, February 16, 2009

Ka Mate and the folk process.

From John Archer (www.folksong.org.nz) on the nz-folk list

I was rather astonished to find that the Waitangi Tribunal declared that Te Rauparaha composed Ka Mate, so I have dashed the following letter off to them.

 As far as I can see, Te Rauparaha evaded the avenging relatives of a group of travellers he had murdered by crouching in a pit with his head jammed into an old lady's crotch for an hour or so, and to ease his embarrassment when he was released, he simply repeated a well-known bawdy parody of Ka Mate.

Dear Tribunal members,

May I enquire as to what evidence you based your decision that “Ka Mate” was composed by Te Rauparaha? I have searched for evidence of this for seven years, but all sources I have found indicate otherwise.

A search of articles about Te Rauparaha in old newspapers back to 1843 finds no mention at all of his use of, or his connection with, Ka Mate.

 However in the Daily Southern Cross 23 March 1867 noted its use by Kereopa during the trial of the Rev Volkner at Opotiki, as “a song composed that could convey two exactly different meanings.”

 And in 1901 it was performed at Rotorua by Tairawhiti men at the welcome for Prince Albert as “an an ancient and universal war ngeri used to welcome illustrious guests.” (Wanganui Herald and  Lyttelton Times, June 1901)

Margaret Orbell (Maori Poetry 1967) noted the ancient usage of the Ka Mate haka. She said "te tangata puhuruhuru" (the hairy person) symbolised unified strength. Brave warriors are the "hairs on the legs" of a strong chief. She also explained that "Whiti te ra" (the sun shining) symbolised light, life, peace.

E H Schnackenburg of Kawhaia (J. Poly. Soc. 1948) was told that this haka formerly celebrated the triumph of Maui in capturing the sun, as an allegorical story telling how brave men could work together with a strong, ingenious leader to ensure peaceful times when "sunny days" (times of peace) were too short and "dark nights" (periods of war) were too long.

Sir John Grace (Tuwharetoa, 1959) tells how, on emerging from beneath Te Rangikoaea, Te Rauparaha chanted  “Kikiki kakaka kau ana! Kei waniwania taku tara...  Ko wai te tangata kia rere ure... Ka mate, ka mate...”

James Cowan (NZ Railways Magazine 1935) describes Kikiki Kakaka as “A very old chant, long antedating Te Rauparaha's period. It goes back several centuries...an ancient song of reunion and felicitation, often chanted at occasions of peace-making and such gatherings as marriage feasts."

Kikiki Kakaka was indeed very appropriate for wedding feasts, as it is a very factual account of a the sequence of emotions exerienced by a young lad in his first encounter with an amorous woman. (“I’m stuttering, trembling, naked! I’m brushed by your crotch... forbidden secrets are revealed... I’m trapped by your snare... who is this man with a thrusting penis? I’m investigating the hot moist depths... I’m dying! I’m dying! No, I’m really alive, a virile man who can make the sun shine for both of us.”)

Arthur Thompson (The Story of New Zealand, 1859) explains that “Singing, or the haka, was the amusement of village maidens and young lads on fine evenings... Most songs were accompanied with action...” And Arapete Awatere (1973) explained that "Most songs were composed as a group effort... Songs were reworked because the melody and symbolism of the words were liked, and to make the song appropriate to the new context."

It would appear that this is what occured when a group of flirtatious “village maidens” amused themselves by taking the old Ka Mate words and reworked their meaning into a bawdy sexual context by adding them to other sexually descriptive verses with which they teased bashful young men.

This old chant would have come to Te Rauparaha’s mind when he was trembling with fear in a kumara pit with old Te Rangikoaea’s crotch brushing his head. And I suggest that this is what he chanted when he was released from “the hot, moist depths.”

A song as complex and clever as Kakaka Kikiki would have taken a group of people a week or more to compose. A terrified, exhausted, humiliated and half-suffocated fugitive would have been unable to compose this off-the-cuff.

I have had most of the above information on my Ka Mate webpage for the past 7 years, and this page has been visited by approximately 400,000 people, but no one has sent me any claim or evidence of composition by Te Rauparaha.

Ngati Toa can rightfully claim ownership of the new meaning attached to Kikiki / Ka Mate, but I have found no evidence, either documentary or contexual, that Te Rauparaha was its composer. Instead, all the evidence points to Ka Mate being an ancient and universal haka with vivid symbolism conveying great wisdom.

Your recent decision has downgraded Ka Mate from a national literary taonga to a pathetic story of how a mass murderer on the run escaped justice.

Here's my two penneth worh - For years I've been led to understand that here in the south Ngai Tahu simply won't have anything to do with the Ka Mate haka because of its association with Te Rauparaha. They will never forget the atrocities he committed around the Mainland.
 
Bearing this in mind how can New Zealanders see this haka as something to unify the nation - particularly on sporting occasions, when not all Maori can agree on its use, let alone even think of unification.
 
The ABs deserve our support and thanks for coming up with something new andmeaningful to them!
 
Cheers

Phil Garland 
===

I've been waiting for the media to raise this question about the origins
of the haka, but it doesn't seem to be happening. Just had a couple of
comments to add to John and Phil's.

First, the case appears to develop a kind of indigenous copyright concept,
one that doesn't expire 50 years after the (supposed) composer's death.
This sets a rather interesting precedent: could decendants of non-maori
composers now also claim similar
copyright-forever-and-ever-
until-the-end-of-time?

Second, has any other Maori iwi claimed ownership of "Ka mate" over the
time in which the Te Rauparaha authorship has been widely believed? If
not, this could indicate tacit acceptance of the Ngati Toa association.
Such a hybrid "Maori copyright" concept doesn't fit tidily into Western
legal frameworks, but nonetheless is perhaps acceptable to other Maori
iwi.

Third, agreed: Te Rauparaha sounds like a very frightening person. I grew
up on the Kapiti Coast and he was still spoken of with a bit of dread;
later I read some of the details of the musket wars, the torturing,
war-mongering etc. But Ngati Toa can thank him for saving their iwi from
extermination. When the tribe's original lands in Kawhia Harbour were
invaded by overwhelming Waikato forces, he successfully led them on a
fairly desperate journey down the North Island to relative safety in the
Horowhenua. Of course, in doing so he displaced others (Rangitane,
Muaupoko) from their lands - but he is by means exceptional in this
regard. Yes, he did some terrible things - but he seems to have mostly had
his tribe's interests at heart.


M D Brown

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Wednesday, February 04, 2009

APRA's Anthony Healey on the Copyright Act

New Technologies Amendment – Section 92A
After some time in the pipeline the NZ government last year passed into law new copyright provisions with the stated goal of promoting innovation, creativity and economic growth.  The amendments are a range of initiatives that both support the needs of consumers by improving clarity around the law and modern practice and provide further certainty over the scope and enforcement of intellectual property rights.

Included in the legislation were significant provisions that benefitted consumers (format shifting rights), ISPs (safe harbour provisions or protection from liability for infringing material flowing along their lines) and provisions that in our view assist in educating consumers of the importance of copyright.

One of the key provisions in the Act for creators is the introduction of Section 92A which contains a requirement for internet service providers to have, and reasonably implement, a policy dealing with repeat copyright infringers in appropriate circumstances. This may include policies to disconnect repeat infringers in certain circumstances. 

APRA supports its implementation. 

Criticism has however been labelled at the legislation. Publicly I have indicated that such criticism is premature and that any opponents to the copyright legislation should wait until such time as the ISPs draft code of practice is released. We have been involved with the ISP working party in developing their Code since the outset and have had the opportunity to offer productive suggestions in the formulation of the Code. In our view the Code will dispel the issues that have been raised.

The Code of Practice put forward will ensure that education is the primary focus of notices given under Section 92. It will ensure that the level of evidence required to create such education notices in the first place is high, so high that there will be little chance of mistaken identity or misinterpretation. There will be safeguards. It will not be "guilt by accusation" and there will be opportunity for those that receive education notices on the basis of infringing material, to issue counter-notices in reply. The hysteria that has developed around the issue is unwarranted.

Of course I understand that APRA is a large organisation and the views of our members are diverse. There are a few members that do not share the Association's view of this process and they have made their opposition clear. However, the vast majority agree that we cannot sit idly by and watch the disintegration of these core crucial rights. Just because technology makes an act easy does not make it right. These are the views that we must represent.

Whilst I am not naïve enough to believe that this is the simple answer to all problems, I do believe that ISPs must play a part working towards a solution. This is a step towards a solution.


Anthony Healey
Director, NZ Operations APRA


Thanks Mike for broaching the matter of Section 92A.

This is an impending law change of great significance, far greater than it is receiving in the mainstream media at present. APRA certainly have their point of view on this issue, but it should be pointed out that this law was passed against a select committee's findings and very quietly and speedily last year - all of which are hardly the signs of good legislation. A similar planned law has just been tossed in the UK because it was deemed unworkable:
http://entertainment.timesonline.co.uk/tol/arts_and_entertainment/music/article5586761.ece
Arguments in opposition (which APRA has painted as "mischievous") might be helpful for people to make up their own minds:
ISPANZ (ISP groups): http://www.scoop.co.nz/stories/BU0901/S00209.htm
LIANZA (Library Association): http://www.scoop.co.nz/stories/PO0901/S00143.htm
And an artist-run organisation: http://creativefreedom.org.nz/

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