Wananga mo nga Kaiwhakawa o Tamaki

Tu Tangata, Issue 1, 1 August 1981, Page 30

Wananga mo nga Kaiwhakawa o Tamaki

Report and pictures by Tainui Stephens

Hiwi Tauroa, the Race Relations Conciliator, has steered the Race Relations Office on to a new tack. The aim is to create an understanding and appreciation of the deeper Maori and Pacific Island values in the minds of a certain group of very important people. He calls them collectively “The Decision Makers”. Far from being a stereotyped unit of highly salaried civil servants they are the men and women who, by the nature of their jobs, create decisions which often have profound repercussions on society. They include business people and professional people who consciously take risks every day that might lead to success or failure in whatever field they are involved in. One of the most important groups of “decision makers” is judges. The bench is an institution which inevitably demands awe and respect. An air of neutrality at times engenders almost deliberate detachment from the people who feel the brunt of judicial words and deeds most.

Hiwi Tauroa and his staff, with tremendous help from prominent personalities such as Ken Mason S.M., Garfield Johnson (Chairman of the controversial Johnson Report) and John Rangihau, ensured the outstanding success of a “hui whakaoho” at Te Whaiora marae in Otara.

In all, twenty-two district court judges, their wives and families attended: some seventy people. The numbers impressed us deeply. Particularly as we well knew that for many of them, a marae experience was totally new and something that would be approached probably with trepidation and certainly with some shyness.

We all assembled outside the entrance of Te Whaiora marae on time and instantly it was possible to detect a “reluctance but a willingness to try” attitude amongst our guests. However, as a skilled challenge and powhiri were performed by the children and teenagers of Otara, these barriers quickly lowered, and were replaced by respect for the rituals which were being performed by the youth of a suburb which has gained a certain amount of notoriety in recent years.

That evening, after a general introduction to the concept of the marae, began the mihimihi. Wives were particularly delighted to hear that their voices could be heard at this point. Words of introduction and greeting were elicited from all present. One judge pondered on the traditional image of a stipendary being somewhat absurd when “standing here pontificating in my shorty pyjamas”, while another, lamenting the fact that he was one of the last to speak, and having endured hours of talk and singing before arising,

declared his suprise at “having to stand here at three in the morning singing ‘Three Blind Mice’!” Although an amount of hesitation was encountered by the majority who were worried more about singing than talking, the night was thoroughly enjoyed by those who managed to endure the marathon effort. A relaxed air of informality was set, and a profound interest was created to learn as much as possible. Saturday started with the carver of the meeting house Te Wai Ariki, Paki Harrison, explaining the symbolism of the meeting house in Maori culture, and in particular the role of the urban marae as a communal centre and vehicle of education. John Rangihau gave an enthusiastically received address on the many spiritual and profound beliefs of the Maori. Louisa Crawley and a group from the Pacific Islands Resource Centre led by Edgar Tuinukuafe used video equipment and many personal experiences to describe the plight and situation of Pacific Island peoples settling in New Zealand, and the problems that can occur.

Saturday night was the time for “nga mea whakangahau” where judges, wives and families really made the most of the opportunity to show off their entertaining talents. Any previous inhibitions were completely forgotten as they indulged in a host of action songs, skits and solo sports. One of the Waitangi Action Committee members who had come to lay down their take was visibly impressed by the various acts of inspired lunacy, and expressed suprise at the joviality of the gathering. The comment was made, “They seem so human!”

Interestingly enough the young protesters seemed to get on well with the judges. The point was made very clear by them that in a courtroom there was no equality but on the marae they were all on even terms and could speak so. Unfortunately there was little time for active debate to continue between the two factions.

Sunday morning saw a turn to more serious thought, with a discussion led by Mick Brown on the future of the children’s courts, and justice for Maori and Polynesian youth. Hiwi Tauroa concluded the whole session with a hard-hitting series of suggestions of what judges could do to effect equitable democracy and justice in their decisions. Some of the main points were:

1. The Maori language is a long way from extinction but will survive only with positive decisions made by persons in authority, like judges. He quoted where Dun Mihaka’s bid to defend himself in Maori was stymied by a judge’s decision based on two rulings: one from fourteenth-cen-tury and the other from eighteenth-century England. There was scope for the setting of a precedent, but it did not eventuate. 2. Democracy did not exist when decisions concerning a minority culture were made by the majority culture who knew little or nothing of the thoughts and attitudes of that

minority. Too often, ignorance has been perpetuated by the numerically superior in voting procedures. 3. “Beauty of difference” is an aphorism which sums up the Race Relations Offiice’s main thought. A garden is made all the more beautiful with diversity and variety. We should learn to accept the differences between people as natural and very necessary. Tolerance and sensitivity were a major step in the understanding of any culture. As people of some influence they should have the sense to seek alternatives and have the courage to try them out. The judges replied in part by saying that they were bound by the legislation, and that they have indeed already been mindful of certain changes that must be made to effect fairness in judgement. The weekend was a success on many fronts. The elders of the marae, Mac Taylor, Joe Korewha and others, were able to have heartfelt and open discussions with the judges, and lodge their own criticisms and objections against a system often seen as unfair and unreasonable. The question was asked why a person who received a traffic offence fine of $20.00 was liable to lawyers’ fees of up to SIOO.OO. Maori people did not understand it. The law works better for Europeans who do understand it. One need merely look at prison population statistics to obtain some crude verification of the maxim that “The law favours the Pakeha”. A good example which is confusing, but which does engender differing punishments, is the difference between car theft and car conversion. Intrinsically they are the same, but in the eyes of justice they are not.

The frequent use of the Maori language too, surprised the visitors. It was yet another experience which proved to them the value, and the worth of the retention of the language as a living means of communication. Their ignorance of the Maori language was easily paralleled with the incomprehension experienced by many of courtroom language and procedures.

For most of the judges and their families, this was their first chance to experience marae life. The time spent at Te Whaiora was certainly enjoyable and many important insights into the Maori and Polynesian psyche were experienced. However, whether this visit will be valuable in the long term in reassessing the alternatives open to, and the attitudes of, judges remains to be seen. During the poroporoaki the stipendary with the penchant for shorty pyjamas, Judge Aubin, said, “My eyes have been opened. Our eyes have been, and will stay opened. There will be not one judge who is the same judge when he sits in his court on Monday,

as the judge who sat in court last Friday.” Another Judge Nicholson said, “I wish the weekend could go on forever.” There is no doubt that everyone enjoyed themselves and found the weekend an experience to remember. But it is not enough, and one kaumatua in particular expressed a “let’s wait and see” opinion - a sentiment probably born from many years of hopes being raised fruitlessly. It is to be sincerely hoped that the Race Relations Conciliator’s move will serve as a catalyst for further steps in this direction, steps which could see a dramatic decline in incidents of unconscious racism or intolerance amongst the decision makers in our community. There will be much by way of follow-up work, including a similar hui for district court judges of the Wellington area at Otaki in June. The onus is now on the judges. They need not wait to be invited.

Heoi ano tenei korero. Ki a koutou nga kai whakawa i whakaeke ki Te Whai ora, tena ra koutou. Tena ra koutou i whai kaupapa, i whai tikanga hoki, kia mohio ai kite hiuengaro Maori, kia whawha ai hoki kite hohonutanga ote wairua Maori.

Naku te rourou Nau te rourou Ka kite kete