Ownership close for famous haka

Ngati Toa is close to being granted exclusive ownership of the key phrases of Ka Mate Ka Mate, the haka attributed to an iwi chief and made famous by the All Blacks.
A previous attempt to trademark the haka failed, however lawyers said the latest application had passed a key test in the process.

Ngati Toa, a lower North Island  kiwi, insisted the move was to prevent offensive use of Ka Mate, not to limit its performance in cultural events.

It has written to a Christchurch company requesting it cease production of a tea towel featuring Ka Mate, claiming it was "derogatory".

Te Runanga o Toa Rangatira, the iwi's authority, has applied for trademarks for Ka Mate (It is death), Ka Ora (It is life), Upane Kaupane (A step upward, another step upward) and Whiti Te Ra (The sun shines).

Ka Mate is said to have been performed by chief Te Rauparaha after a Tuwharetoa woman saved his life by shielding him from enemies. It has been used by the All Blacks since 1905.

Ngati Toa's applications seek protection for use of the terms in hundreds of ways such as on clothing, in advertising and in the "provision of sporting entertainment".

Runanga executive director Matiu Rei said it would not limit the performance of Ka Mate by the All Blacks, other New Zealand sports teams, kapa haka or schools.

"We celebrate in the fact that Ka Mate is widely used and associated with being a New Zealander."

NZRU spokesman Brent Anderson said performances of Ka Mate by the All Blacks were supported by Ngati Toa and the union was in discussions about its use.

An attempt to trademark the entire text of Ka Mate, started in 1998, reportedly failed on the grounds that its use was so wide that no single organisation could claim ownership of it.

In February 2009 the Crown acknowledged Te Rauparaha as the author of Ka Mate and its significance to Ngati Toa.

The Intellectual Property Office has accepted the application for registration, a crucial hurdle the previous application never cleared, deeming the terms were suitably distinctive to Ngati Toa. It will go out for consultation at the end of the month.

Penny Catley, a partner at Baldwins Intellectual Property, said it was unclear why Iponz had accepted that the latest application was suitably distinctive.

"The haka has been used commonly by all New Zealanders for so long that it is difficult to see how it can suddenly become the property of just one organisation."

Rafe Hammett, chief executive of Christchurch group ProKiwi, which was asked to stop producing Ka Mate tea towels, said the haka should not be exclusive to anyone.

"It's a bit like putting a silver fern on a T-shirt, or the image of a kiwi, or the word New Zealand."

Aroha Mead, an expert on Maori intellectual property, said Maori rarely used intellectual property law to protect cultural heritage because it offered commercial ownership, not protection of integrity.

"I think it shows the weakness of our laws that a group like Ngati Toa feels compelled to have to take this action, which they know is not a satisfactory action, but out of despair.

Stuff.co.nz