Te Kete o Karaitiana Taiuru (Blog)

UPDATE: A complete set of Māori ethics Treaty of Waitangi/Te Tiriti and Māori Ethics Guidelines for: AI, Algorithms, Data and IOT

This is the fourth in a series of articles I am writing about Māori ethics with AI, Data sovereignty and Robotics. Article 3: Māori Ethical considerations with Artificial Intelligence Systems; Article 2:  Māori ethics associated with AI systems architecture and Article 1: Māori cultural considerations with Artificial Intelligence and Robotics. The next planned articles are”Indigenising the Internet” and “Tikanga and Facial Recognition”.

At the conclusion of this article, are the English, Māori and a Translation into English of the Māori version of te Treaty of Waitangi.

Introduction

There is an international debate about whether we regulate Artificial Intelligence (AI) or assume that AI systems developments will be the better of the wider community.

I argue that there is an explicit need for a Treaty clause with any New Zealand government initiated and or procured Artificial Intelligence Systems and Algorithms. It is not good enough to simply include the term “Treaty”. Nor is it is acceptable to state that a system considers “Te Ao Māori” without fully understanding the term and actually implementing it. The latest “Government algorithm transparency and accountability” claims “Te Ao Māori” consideration but does not include any proof in their team or documentation.

There is an absolute need for an explicit Treaty Clause in all New Zealand Government Artificial Intelligence Systems and Algorithms. The same principles could and should also be applied to Data held by the New Zealand Government.

Statistically; both here in Aotearoa/New Zealand and internationally, it is middle aged white males who dominate decision making positions and whom are in positions of authority and influence, more so in the IT industry. This same group of people are also more likely to be opposed to regulation of Artificial Intelligence. Yet, they are also the only group most likely not to be discriminated against in society or with algorithms and AI. Just this reason alone, is a powerful reason we need all AI and algorithms to be co-designed, co-initiated and co-governed with Māori and or Iwi.

The counter argument to regulation to safeguard against bias, is that it is quicker and easier to teach an algorithm or AI that a certain bias in not good. Unlike a human being who has inherited and learnt biases, it is very difficult or even impossible to change the thinking of a human being. This counter argument while true, does not consider the impacts of the system while it is being trained to learn that a bias is not appropriate.

Previous (arguably current) governments have created legislation and initiatives that were supposed to be for the betterment of Māori. Instead, they were cultural assimilation tools that promoted colonial settler beliefs over Māori, nearly assimilated the Māori language, culture and created huge social, economic and psychological impacts on Māori. The detrimental impacts are still being addressed by modern day governments.

Examples include:

1. The Native Schools Act 1867 that established a national system of village primary schools under the control of the Native Department. The primary aim was to educate Māori children so they could be integrated into society. The consequences included land was stolen from Maori and Māori children were physically beaten for speaking Maori language.
2. Tohunga Suppression Act 1907. The government of the day believed it was best to outlaw traditional Māori practices of healing and spirituality, and Māori religious beliefs. The Tohunga Suppression Act 1907 made it illegal to practice traditional Māori healing and spirituality and Māori religious beliefs. A form of healing that is making a come back due to the success of natural remedies. We see an ongoing detriment to this with the discrimination of Māori in the health system in WAI 275 and high rates of sickness and mortality among Māori.
3. The Hunn Report 1960 claimed that integrating Māori into Pākehā society was the answer, rather than strengthening their separate cultural identity would assist Māori. The ramifications were huge on communities and Māori and are still evident today with social, economic and loss of culture.

There are many other modern day examples such as: Health, Justice, care and protection of children; all of whose data will likely be used in future Algorithms and AI systems.

What is the Treaty of Waitangi?

The Treaty of Waitangi is one of the major sources of New Zealand’s constitution[1]. The Treaty of Waitangi is the founding document of New Zealand. It is an agreement entered into by representatives of the Crown and of Māori iwi (tribes) and hapū (sub-tribes). It is named after the place in the Bay of Islands where the Treaty was first signed, on 6 February 1840.

The Treaty was not drafted as a constitution or a statute. It was a broad statement of principles upon which the British officials and Māori chiefs made a political compact or covenant to found a nation state and build a government in New Zealand to deal with pressing new circumstances. Like many treaties, it is an exchange of promises between the parties to it.

The Treaty creates a basis for civil government extending over all New Zealanders, on the basis of protections and acknowledgements of Maori rights and interests within that shared citizenry.

New Zealand courts have held that Maori rights might be recognised by the common law, without statutory expression, and a decision maker may be required to with the Treaty rights/interest even where there is no Treaty reference in statute. The courts will generally presume that Parliament intents to legislate in accordance with Treaty Principles.

Treaty Principles

The Waitangi Tribunal have identified a number of core principles that have emerged from Tribunal reports, which have been applied to the varying circumstances raised by the claims. These principles are often derived not just from the strict terms of the Treaty’s two texts, but also from the surrounding circumstances in which the Treaty agreement was entered into. These principles include but are not limited to: Partnership, Reciprocity, Autonomy, Active protection, Options, Mutual benefit, Equity, Equal treatment and Redress[2]

Three principles commonly recognised by government and first outlined in the Royal Commission on Social Policy (1988) are:

1. Partnership: interactions between the Treaty partners must be based on mutual good faith, cooperation, tolerance, honesty and respect
2. Participation: this principle secures active and equitable participation by tangata whenua
3. Protection: government must protect whakapapa, cultural practices and taonga, including protocols, customs and language.

These three principles cover the need for: Co-Governance, Co-Design and Co-Innovation. These principles should form the basis of an explicit Treaty of Waitangi  clause for any government initiated and or procured Artificial Intelligence Systems and or Algorithms. Government agencies should refer to “Te Arawhiti – Treaty of Waitangi Guidance” paper for details about how.

[1] Other major sources are The Constitution Act 1986, the prerogative powers of the Queen, the State Sector Act 1988, the Electoral Act 1993, the Senior Courts Act 2016, the New Zealand Bill of Rights Act 1990 and other relevant New Zealand statutes, relevant English and United Kingdom statutes, relevant decisions of the courts and the conventions of the constitution (Cabinet Manual, p.2).
[2]

United Nations Declaration of Indigenous Rights 2007

The United Nations Declaration on the Rights of Indigenous Peoples GA Res 61/295 (2007) (which New Zealand officially endorsed in 2010. In 2019 the New Zealand government undertook a road map to compliance, although not yet creating any binding legal obligations, UNDIR is consistent with and complements the Treaty principles and duties as described in [2.47]. The Declaration’s emphasis on self-determination in arts 3–4 provides international support for the recognition of rangatiratanga in New Zealand. In addition, article 31 of the Declaration imposes a duty on States to assist in the protection of indigenous resources including their “cultural heritage”, “traditional knowledge” and “human and genetic resources”. This aligns with the Treaty’s approach to taonga.

The following clauses are applicable to Artificial Intelligence and Algorithm projects and should be weaved either into an explicit Treaty Clause or as a separate clause recognising the UNDIR;

Articles: 1,2,3,7,8,9,11,12,15,16,21, 25, 27,31, 39.

Kupu Māori

There are currently two mainstream words that have been translated from English to Māori for Artificial Intelligence. One is from Ian Cormack a certified Māori Language Interpreter, dictionary compiler and recognised Māori language expert.

The other translation from New Zealand’s AI Forum. No other public information was retrievable.

English	Maori	Etymology	Creator
Artificial intelligence (AI)	Hinengaro hori	Hinengaro: mind, thought, intellect, consciousness, awareness; Hori: artificial	Ian Cormack
Artificial intelligence (AI)	Atamai Iahiko	Atamai: intelligent; Iahiko: electrical current	AI Forum

There are currently two mainstream words that have been translated from English to Māori for Algorithm and two other words which may be obsolete or prematurely created before AI was understood. One from Microsoft and the other from MineCraft.

English	Maori	Etymology	Creator
Algorithm	Hātepe	Unknown	Te reo pāngarau: a Māori language dictionary of mathematics was published by the Ministry of Education in 2004 and updated in 2011.
Algorithm	Hātepe Papatono	Unknown	Microsoft
Algorithm	Kaupapa whakamarama	Unknown	The Raupo dictionary of modern Māori (4th ed.). North Shore, New Zealand: Penguin.
Algorithm	Nuka rorohiko	Unknown	Sourced from Taiuru, K 2018 Dictionary of Māori Computer and Social Media terms

Te reo Māori version of the Treaty

The following version of the te reo Māori text of the Treaty of Waitangi is taken from the first schedule to the Treaty of Waitangi Act 1975.

Ko Wikitoria, te Kuini o Ingarani, i tana mahara atawai ki nga Rangatira me nga Hapu o Nu Tirani i tana hiahia hoki kia tohungia ki a ratou o ratou rangatiratanga, me to ratou wenua, a kia mau tonu hoki te Rongo ki a ratou me te Atanoho hoki kua wakaaro ia he mea tika kia tukua mai tetahi Rangatira hei kai wakarite ki nga Tangata maori o Nu Tirani-kia wakaaetia e nga Rangatira maori te Kawanatanga o te Kuini ki nga wahikatoa o te Wenua nei me nga Motu-na te mea hoki he tokomaha ke nga tangata o tona Iwi Kua noho ki tenei wenua, a e haere mai nei.

Na ko te Kuini e hiahia ana kia wakaritea te Kawanatanga kia kaua ai nga kino e puta mai ki te tangata Maori ki te Pakeha e noho ture kore ana.

Na, kua pai te Kuini kia tukua a hau a Wiremu Hopihona he Kapitana i te Roiara Nawi hei Kawana mo nga wahi katoa o Nu Tirani e tukua aianei, amua atu ki te Kuini e mea atu ana ia ki nga Rangatira o te wakaminenga o nga hapu o Nu Tirani me era Rangatira atu enei ture ka korerotia nei.

 

Ko te Tuatahi
Ko nga Rangatira o te Wakaminenga me nga Rangatira katoa hoki ki hai i uru ki taua wakaminenga ka tuku rawa atu ki te Kuini o Ingarani ake tonu atu-te Kawanatanga katoa o o ratou wenua.

Ko te Tuarua
Ko te Kuini o Ingarani ka wakarite ka wakaae ki nga Rangatira ki nga hapu-ki nga tangata katoa o Nu Tirani te tino rangatiratanga o o ratou wenua o ratou kainga me o ratou taonga katoa. Otiia ko nga Rangatira o te Wakaminenga me nga Rangatira katoa atu ka tuku ki te Kuini te hokonga o era wahi wenua e pai ai te tangata nona te Wenua-ki te ritenga o te utu e wakaritea ai e ratou ko te kai hoko e meatia nei e te Kuini hei kai hoko mona.

Ko te Tuatoru
Hei wakaritenga mai hoki tenei mo te wakaaetanga ki te Kawanatanga o te Kuini-Ka tiakina e te Kuini o Ingarani nga tangata maori katoa o Nu Tirani ka tukua ki a ratou nga tikanga katoa rite tahi ki ana mea ki nga tangata o Ingarani.

(Signed) William Hobson,

Consul and Lieutenant-Governor.

Na ko matou ko nga Rangatira o te Wakaminenga o nga hapu o Nu Tirani ka huihui nei ki Waitangi ko matou hoki ko nga Rangatira o Nu Tirani ka kite nei i te ritenga o enei kupu, ka tangohia ka wakaaetia katoatia e matou, koia ka tohungia ai o matou ingoa o matou tohu.

Ka meatia tenei ki Waitangi i te ono o nga ra o Pepueri i te tau kotahi mano, e waru rau e wa te kau o to tatou Ariki.

Ko nga Rangatira o te wakaminenga.

English version of The Treaty

The following version of the English text of the Treaty of Waitangi is taken from the first schedule to the Treaty of Waitangi Act 1975.

Preamble
HER MAJESTY VICTORIA Queen of the United Kingdom of Great Britain and Ireland regarding with Her Royal Favour the Native Chiefs and Tribes of New Zealand and anxious to protect their just Rights and Property and to secure to them the enjoyment of Peace and Good Order has deemed it necessary in consequence of the great number of Her Majesty’s Subjects who have already settled in New Zealand and the rapid extension of Emigration both from Europe and Australia which is still in progress to constitute and appoint a functionary properly authorized to treat with the Aborigines of New Zealand for the recognition of Her Majesty’s Sovereign authority over the whole or any part of those islands – Her Majesty therefore being desirous to establish a settled form of Civil Government with a view to avert the evil consequences which must result from the absence of the necessary Laws and Institutions alike to the native population and to Her subjects has been graciously pleased to empower and to authorize me William Hobson a Captain in Her Majesty’s Royal Navy Consul and Lieutenant Governor of such parts of New Zealand as may be or hereafter shall be ceded to her Majesty to invite the confederated and independent Chiefs of New Zealand to concur in the following Articles and Conditions.

Article the First
The Chiefs of the Confederation of the United Tribes of New Zealand and the separate and independent Chiefs who have not become members of the Confederation cede to Her Majesty the Queen of England absolutely and without reservation all the rights and powers of Sovereignty which the said Confederation or Individual Chiefs respectively exercise or possess, or may be supposed to exercise or to possess over their respective Territories as the sole Sovereigns thereof.

Article the Second
Her Majesty the Queen of England confirms and guarantees to the Chiefs and Tribes of New Zealand and to the respective families and individuals thereof the full exclusive and undisturbed possession of their Lands and Estates Forests Fisheries and other properties which they may collectively or individually possess so long as it is their wish and desire to retain the same in their possession; but the Chiefs of the United Tribes and the individual Chiefs yield to Her Majesty the exclusive right of Preemption over such lands as the proprietors thereof may be disposed to alienate at such prices as may be agreed upon between the respective Proprietors and persons appointed by Her Majesty to treat with them in that behalf.

Article the Third
In consideration thereof Her Majesty the Queen of England extends to the Natives of New Zealand Her royal protection and imparts to them all the Rights and Privileges of British Subjects.

W HOBSON

Lieutenant Governor.

Now therefore We the Chiefs of the Confederation of the United Tribes of New Zealand being assembled in Congress at Victoria in Waitangi and We the Separate and Independent Chiefs of New Zealand claiming authority over the Tribes and Territories which are specified after our respective names, having been made fully to understand the Provisions of the foregoing Treaty, accept and enter into the same in the full spirit and meaning thereof: in witness of which we have attached our signatures or marks at the places and the dates respectively specified.

Done at Waitangi this Sixth day of February in the year of Our Lord One thousand eight hundred and forty.

[Here follow signatures, dates, etc.]

 

Translation of the te reo Māori text

The following translation of the te reo Māori version of the Treaty was done by former Tribunal member Professor Sir Hugh Kawharu. The translation sets out to show how Māori would have understood the meaning of the text they signed. It was published in the book Waitangi Revisited: Perspectives on the Treaty of Waitangi, edited by Michael Belgrave, Merata Kawharu and David Williams (Oxford University Press, 1989).

Victoria, the Queen of England, in her concern to protect the chiefs and the subtribes of New Zealand and in her desire to preserve their chieftainship1 and their lands to them and to maintain peace2 and good order considers it just to appoint an administrator3 one who will negotiate with the people of New Zealand to the end that their chiefs will agree to the Queen’s Government being established over all parts of this land and (adjoining) islands4 and also because there are many of her subjects already living on this land and others yet to come. So the Queen desires to establish a government so that no evil will come to Māori and European living in a state of lawlessness. So the Queen has appointed ‘me, William Hobson a Captain’ in the Royal Navy to be Governor for all parts of New Zealand (both those) shortly to be received by the Queen and (those) to be received hereafter and presents5 to the chiefs of the Confederation chiefs of the subtribes of New Zealand and other chiefs these laws set out here.

The first
The Chiefs of the Confederation and all the Chiefs who have not joined that Confederation give absolutely to the Queen of England for ever the complete government6 over their land.

The second
The Queen of England agrees to protect the chiefs, the subtribes and all the people of New Zealand in the unqualified exercise7 of their chieftainship over their lands, villages and all their treasures.8 But on the other hand the Chiefs of the Confederation and all the Chiefs will sell9 land to the Queen at a price agreed to by the person owning it and by the person buying it (the latter being) appointed by the Queen as her purchase agent.

The third
For this agreed arrangement therefore concerning the Government of the Queen, the Queen of England will protect all the ordinary people of New Zealand and will give them the same rights and duties10 of citizenship as the people of England.11

[signed] William Hobson Consul & Lieut Governor

So we, the Chiefs of the Confederation of the subtribes of New Zealand meeting here at Waitangi having seen the shape of these words which we accept and agree to record our names and our marks thus.

Was done at Waitangi on the sixth of February in the year of our Lord 1840.

Footnotes

‘Chieftainship’: this concept has to be understood in the context of Māori social and political organisation as at 1840. The accepted approximation today is ‘trusteeship’.

‘Peace’: Māori ‘Rongo’, seemingly a missionary usage (rongo — to hear: ie, hear the ‘Word’ — the ‘message’ of peace and goodwill, etc).

Literally ‘Chief’ (‘Rangatira’) here is of course ambiguous. Clearly, a European could not be a Māori, but the word could well have implied a trustee-like role rather than that of a mere ‘functionary’. Māori speeches at Waitangi in 1840 refer to Hobson being or becoming a ‘father’ for the Māori people. Certainly this attitude has been held towards the person of the Crown down to the present day — hence the continued expectations and commitments entailed in the Treaty.

‘Islands’: ie, coastal, not of the Pacific.

Literally ‘making’: ie, ‘offering’ or ‘saying’ — but not ‘inviting to concur’.

‘Government’: ‘kawanatanga’. There could be no possibility of the Māori signatories having any understanding of government in the sense of ‘sovereignty’: ie, any understanding on the basis of experience or cultural precedent.

‘Unqualified exercise’ of the chieftainship — would emphasise to a chief the Queen’s intention to give them complete control according to their customs. ‘Tino’ has the connotation of ‘quintessential’.

‘Treasures’: ‘taonga’. As submissions to the Waitangi Tribunal concerning the Māori language have made clear, ‘taonga’ refers to all dimensions of a tribal group’s estate, material and non-material — heirlooms and wahi tapu (sacred places), ancestral lore and whakapapa (genealogies), etc.

Māori ‘hokonga’, literally ‘sale and purchase’. ‘Hoko’ means to buy or sell.

‘Rights and duties’: Māori at Waitangi in 1840 refer to Hobson being or becoming a ‘father’ for the Māori people. Certainly, this attitude has been held towards the person of the Crown down to the present day — hence the continued expectations and commitments entailed in the Treaty.

There is, however, a more profound problem about ‘tikanga’. There is a real sense here of the Queen ‘protecting’ (ie, allowing the preservation of) the Māori people’s tikanga (ie, customs) since no Māori could have had any understanding whatever of British tikanga (ie, rights and duties of British subjects). This, then, reinforces the guarantees in article 2.