Parliament is considering a bill that will enact a pardon for the Tuhoe Tohunga Rua Kēnana and restore his mana after a wrongful arrest and imprisonment in 1916.
The Rua Kēnana Pardon Bill has a very unusual element, it includes in the preamble the lyrics (in both Māori and English) of a waiata Rua Kēnana composed while imprisoned at Mount Eden.
The descendants of Rua Kēnana celebrate the first reading of his pardon bill Photo: VNP / Daniela Maoate-Cox
Listen to the story of Rua Kēnana as told by the various MPs speaking on this bill
According to the bill the waiata records “his lament for those of his people who suffered at the hands of the Crown as the result of the 1916 invasion.” The full lyrics are at the bottom this story in both English and Māori.
Innovative Drafting
Innovative legal drafting has been a feature of iwi settlement bills.
In 2017 the Whanganui River was given the same legal rights as a person, under the Te Awa Tupua (Whanganui River Claims Settlement) Bill which legally recognised the Whanganui River and all its physical and metaphysical elements as an indivisible and living whole.
And this isn’t the first song inserted into legislation either.
As part of another iwi settlement process the history, interpretation, attribution and lyrics of Ka Mate! (better known as the All Black’s traditional haka) were legislated. Actually the Haka Ka Mate Attribution Act 2014 makes for interesting reading.
The Mokomoko (Restoration of Character, Mana, and Reputation) Act 2013 also contains powerful lyrics, and has a very similar purpose to the Rua Kēnana Bill discussed this week. Te Whakatōhea Rangatira Mokomoko was hanged for the murder of Carl Sylvius Volkner in 1866. Translated his song begins “Tangohia te taura i taku kakī, kia waiata au i taku waiata” (Take the rope from my throat so I am able to sing my song). This line has been adopted by his descendants as a whakatauākī with the interpretation ‘Have the strength to speak up and the truth will not be silenced.’
And the Ngāi Tahu Claims Settlement Bill includes a waiata within the preamble, this time illustrating the importance of the area known as Whenua Hou.
The Queen doesn’t get such high treatment. The status of New Zealand’s two national anthems (God Save the Queen and God of Nations) were gazetted in 1977, but even in the Gazette they are only referred to and not included.
Rua Kēnana’s lament: Te Taura Whiu Kau
Kāore te whakamā i ahau ki te taura whiu kau
I kitea e au he karauna kīngi
Ka ū ki Maungapōhatu
Mekameka i aku ringa ka pai e te iwi ka rite ngā karaipiture
Nuku mai e te tikanga hai hoa moe ake
Kia au ake ai taku moe i te whare i i
Tākiri mai ko te ata ka puta atu ki waho
Ka titiro noa atu ki waho ki te moana
E tatari atu ana i te ope o ngā Anahera
I waiho ai au hai maungārongo
Te pau te tanga mai i te Raiti weera i i
E muri ahiahi takoto ki te moenga
Ka haramai te aroha ki āku tamariki
Paia mai ngā rongo mōhou e Mere
He teke māwhera ki rau o te tangata
Waiho atu e hine hai whenua reiti
Kāti au ka huri ka rau
Maewa noa i i
Rua Kēnana’s lament: Te Taura Whiu Kau
Void of shame to use a cow lasso
Permeating my sight is the badge of the King
Ascending Maungapōhatu
Although my hands are locked in chains, the people know the scriptures have spoken
These introduced customs must be moved aside
To caress my sleep within this sanctuary
When the dawn is finally realised I emerged outside
And gazed upon the open expanse of the ocean
Where the assembly of Angels awaits
Who left me as a Martyr of peace
Whose light is consumed as that of a lighthouse
I lie in bed as the dusk descends
My love for my children advances towards me
The news concerning Mere has arrived
Where your vagina was torn open by the gang rape
Alas my dear put the land aside to be rented
Enough said, my vision for prosperity
Will be everlasting
- News coverage of the bill can be read here.
- Hat tip to Michiel Verkade and the Parliamentary Library for their assistance in researching this story.