Jayden Houghton (University of Auckland - Faculty of Law) & Khylee Quince (Auckland University of Technology) have posted Privacy and Māori Concepts (in Stephen Penk and Nikki Chamberlain (eds) _Privacy Law in New Zealand_ (3rd ed, Thomson Reuters, Wellington, 2023) 43–136) on SSRN. Here is the abstract:
In this chapter, we aim to present a Māori conception of privacy that may challenge some of the values discussed by other authors in this book. We want to explore the idea of privacy and what it means for Māori. As Māori, when we think about privacy, we think about tapu – a Māori concept that defines things that are special or restricted, including the human person, information, places and objects, and indicates sensitivity or risk. The value structure that defines and regulates tapu and other Māori concepts is tikanga – Māori customary law, also known as the “first law” of Aotearoa. There are some similarities in Māori and Pākehā (European) concepts of privacy, such as the desire to protect the physical person and the intangible essence of what it means to be human. Pākehā concerns regarding the holding and dissemination of information also resonate with Māori values. However, there are also differences between Māori and Pākehā beliefs. The most significant of these, in our view, is the notion of collective privacy that demonstrates the Māori connection to group identity and living in a manner that maximises the collective good.
In section [2.2], we outline some of the basic values in the tikanga Māori framework that are relevant to privacy, and how those values operate to protect people, places and information. In section [2.3], we explore similarities and differences between Māori and Pākehā privacy values, with a focus on historical and contemporary issues that have arisen due to the competing cultural ideologies.
Finally, in section [2.4], we reflect on the relationship between Māori privacy values and the Privacy Act 2020. First, we demonstrate that there are discernible differences between Māori and non- Māori concerns about privacy. These different concerns were reflected in our different aspirations for the reform process. Secondly, we consider the extent to which Māori privacy concerns have been addressed in the new Act. Finally, we contend that, while the new Act champions individualistic Western conceptions of privacy with little regard for collective conceptions of privacy, Māori may nonetheless find privacy law useful to achieve certain ends. In particular, we evaluate how Māori might use privacy law to protect mātauranga Māori (the body of knowledge originating from Māori ancestors, including the Māori worldview and cultural practices) and taonga (tangible and intangible treasures, including matters of special cultural significance).
