The recent controversy surrounding a 'newly discovered' painting by Charles Frederick Goldie, titled 'Lost in Thought, Ngāheke, An Arawa Chieftain', has sparked an important conversation about cultural rights and the ownership of artistic depictions. This story goes beyond the question of authenticity and delves into the complex world of intellectual property, cultural heritage, and the rights of descendants.
The Power of Mana and Mauri
At the heart of this debate are the Māori concepts of mana and mauri, which represent the essence and life force of individuals and objects. When a painting resurfaces, especially one with such a rich history, it prompts us to consider the power dynamics and ownership of these cultural artifacts.
A Double-Edged Sword
For the Tūhourangi Tribal Authority, the painting is a beautiful portrayal of their ancestor, Patara Te Ngūngūkai, a renowned Te Arawa tohunga. However, it also represents a challenge, as the image has been sold and reproduced without their consent. This raises questions about the control and narrative surrounding cultural icons.
The Legal Gray Area
Currently, the law states that individuals depicted in paintings or photographs taken in public places have no rights to those images. The rights belong to the artist or photographer, and these rights persist for 50 years after the artist's death, after which the work enters the public domain. This means anyone can use the image freely. In the case of Goldie's paintings, this lack of protection extends to his subjects, many of whom are now iconic figures in Māori culture.
A Battle for Recognition
Some Māori communities have taken matters into their own hands, either protesting the sale of images of their ancestors or attempting to purchase these images to regain control. The estimated price of $420,000 for the Goldie painting was out of reach for the Tūhourangi iwi, but they found a silver lining in being able to share the true story of their ancestor.
Advocating for Change
Experts like Lynell Tuffery Huria, a partner at Kāhui Legal, are advocating for legislative changes to address these cultural concerns. The Wai 262 claim, also known as the Flora and Fauna Claim, is a landmark inquiry aiming to establish greater control over indigenous flora, fauna, and traditional knowledge. The proposed 'Taonga Works Framework' and Tiaki Taonga movement aim to establish a commission to oversee the protection of cultural works and ensure proper acknowledgment and consultation with the relevant iwi, hapū, and whānau.
The Protected Objects Act
The Protected Objects Act 1975 provides some protection for culturally significant objects, but historic portraits of tangata whenua do not qualify for the highest level of protection, despite their clear cultural significance. This loophole highlights the need for a more comprehensive framework that recognizes the value and importance of these artistic depictions.
A Long-Term Battle
While work is ongoing, there is skepticism about the current government's willingness to make significant changes in this area. It is a battle that requires long-term commitment and intergenerational efforts to ensure the protection and recognition of cultural rights.
A Mysterious Withdrawal
The recent withdrawal of the painting from sale is an intriguing development. Some, like Kirikowhai Mikaere, chair of the Tūhourangi Tribal Authority, wonder if this is a sign of their ancestor's governance over his own image. It adds a layer of mystery and raises questions about the power dynamics at play.
This story is a powerful reminder of the ongoing struggle for recognition and control over cultural heritage. It highlights the need for a nuanced understanding of intellectual property rights and the importance of respecting and protecting cultural icons.
