Kaitiakitanga; Marae Data Sovereignty License 1.1

Preamble
Marae/Rūnanga Data Sovereignty refers to the inherent rights and interests of Māori, whānau, hapū, iwi, marae and Māori organisations have in relation to the creation, collection, access, analysis, interpretation, management, dissemination, re-use and control of data relating to Māori, whānau, hapū, iwi and Māori organisations as guaranteed in He Whakaputanga and or Te Tiriti and the provided recognition of rights with the United Nations Declaration on the Rights of Indigenous Peoples (Taiuru, K. 2020).

Whakapapa
The following licence was originally written by Te Hiku Media and modified slightly to allow for and recognise Marae Data Sovereignty rights using traditional Māori law in respect of Iwi data.

The intention is that this can be modified or applied directly to any whānau/hapū/marae/iwi/Māori organisation/group data.

Explanation
Kaitiaki is a Māori word without specific English translation, but its meanings are similar to the words guardian, protector, and custodian. In this context we protect the marae data in this repository and will provide access to the data as we (the marae) deem fit through our own tikanga and kawa (customs and protocols).

While we recognise the importance of open source technologies, Creative Commons and Open Data, we’re mindful that the majority of tangata whenua and other Indigenous Peoples may not have access to the resources that enable them to benefit from open source technologies, Creative Commons and Open Data.

As a marae, our ability to grow, develop, and innovate has been stymied through colonisation. We must protect our ability to grow as a marae. By simply open sourcing, open Data or applying Creative Commons to our data and knowledge, we further allow ourselves to be colonised digitally in the modern world.

The Kaitiakitanga Licence is a work in progress. It’s a living licence. It will evolve as we see fit. This is a licence that is an international example for Indigenous People’s retention of mana over data and their other intellectual property rights in a Western construct.

Kaitiakitanga of Content
The kaitiakitanga of all data remains with the respective marae. Data may be freely used and distributed with the licence attached but may not be sold or used for commercial purposes.