Haka Ka Mate Attribution Act 2014

The Haka Ka Mate Attribution Act 2014 gives effect to settlement provisions relating to the haka Ka Mate. For businesses, the key point is practical. The Act recognises that Ngati Toa Rangatira hold a statutory right of attribution in relation to Ka Mate.

This is not a broad ownership code for every use of Ka Mate. It does not create a blanket prohibition. Instead, it sets a specific attribution rule for certain publications, public communications and films that include Ka Mate.

The Act also records Crown acknowledgements about the significance of Ka Mate as a taonga of Ngati Toa Rangatira, the role of Te Rauparaha as composer, and the association of Ngati Toa Rangatira with Ka Mate as kaitiaki. Those acknowledgements help explain the purpose of the law, but the main compliance question for most businesses is whether their planned use triggers the attribution requirement.

The right of attribution applies to three categories of things. First, any publication of Ka Mate for commercial purposes. Secondly, any communication of Ka Mate to the public. Thirdly, any film that includes Ka Mate and is shown in public or issued to the public.

The Act also lists important exclusions. It does not apply to any performance of Ka Mate, including by a kapa haka group. It also does not apply to educational use of anything that includes Ka Mate, to anything made for criticism, review or reporting current events, or to non-commercial communication to the public of a performance or criticism or review material covered by the exclusions.

That means the same underlying material can be treated differently depending on how it is used. A live performance may be outside the attribution rule, but a later commercial publication or public communication of that material may need a fresh check.

The most common trigger point is a release decision. If your team is about to publish, upload, distribute, screen or issue content that includes Ka Mate, stop and check whether the Act applies before the material goes live.

The definition of Ka Mate is broad enough to matter in everyday content workflows. The Act defines Ka Mate as the words and associated actions and choreography, whether in whole or part. It also says that, for the covered categories, Ka Mate includes a performance or representation of Ka Mate.

That means businesses should not assume the law only matters when the full haka is reproduced word for word. A shortened extract, a filmed performance, or another representation may still need review depending on the format and use.

If the Act applies, the relevant thing must include a statement that Te Rauparaha was the composer of Ka Mate and a chief of Ngati Toa Rangatira. The Act does not leave prominence to guesswork. It says the statement must be clear and reasonably prominent, and likely to bring that identity to the attention of a viewer or listener.

For businesses, this means attribution should be visible or audible in a way the audience is likely to notice. Fine print, buried metadata, hidden links or internal production notes are unlikely to meet the practical standard described in the Act.

The right placement will depend on the format. A film may need an on-screen credit or another clear method within the public-facing material. A webpage may need visible wording near the relevant content. A digital campaign may need attribution built into the asset itself or placed where viewers will naturally encounter it.

The right of attribution is subject to any written waiver given, or written agreement entered into, by the rights representative. That is an important control point for businesses. If your project depends on no attribution, different wording or a different presentation approach, do not rely on informal conversations or assumptions.

From a business process perspective, this is a document management issue as much as a legal one. Marketing teams, agencies, producers and publishers should know where any written waiver or written agreement is stored, who approved it, and which assets it covers.

If several parties are involved in creating and distributing the content, the contract and approval chain should make clear who is responsible for checking whether a written waiver or written agreement exists and whether the final asset matches it.

The Act sets a limited but real enforcement mechanism. The right of attribution may be enforced only by the rights representative on behalf of Ngati Toa Rangatira. The remedy is by obtaining a declaratory judgment or order against the person responsible for the thing to which the right applies.

The court order may state that the right of attribution applies to the relevant thing and that the person must comply with the Act. The Act also says the court may award costs under the Declaratory Judgments Act 1908.

For a business, that still creates meaningful risk. A declaration or order can disrupt a campaign, delay a release, require edits to public materials, trigger urgent rework across channels and create legal and reputational costs. The safest approach is to deal with attribution before launch, not after a complaint or court process starts.

Example one. A sportswear brand publishes a paid online video campaign featuring a performance or representation of Ka Mate. Because the content is public-facing and commercial, the Act is likely to be relevant. The business should check whether the required attribution statement appears clearly and prominently.

Example two. A production company releases a film to the public that includes Ka Mate. The film category is specifically covered, so attribution review should be part of release clearance.

Example three. A school uses material including Ka Mate for teaching. Educational use is listed as an exclusion.

Example four. A news outlet includes Ka Mate in reporting current events. Reporting current events is listed as an exclusion.

Example five. A live kapa haka performance is staged. A performance is excluded. But if footage from that performance is later reused in commercial marketing, the business should reassess whether the publication or communication is covered.

For most businesses, compliance is easiest when it sits inside normal content approval systems. The legal issue often appears late, when a campaign is already edited, a website page is queued for release, or packaging is about to print. A short pre-publication check can prevent expensive rework.

Keep records showing what content includes Ka Mate, why the team considered the Act, what attribution wording was used, where it appears, and whether any written waiver or written agreement exists. If an agency, client, producer and distributor all handle the same asset, make sure responsibility is allocated clearly.

Legacy content also deserves attention. If older footage, copy or campaign assets are being republished commercially, review them again rather than assuming earlier treatment is still safe.

The Act received Royal assent on 22 April 2014 and came into force on the day after Royal assent. The Act also says that its provisions take effect on the settlement date. The settlement date is defined in the Act as the date that is 70 working days after the date on which the Act comes into force.

Before acting for a live project, check the current legislation and make sure you are working from the latest in-force version. If your use is unusual, high-profile or spread across multiple formats, get advice before release.