Thanks Gary for the update. Irrespective of religious content, there's a question why would a court believe it is its responsibility to "uplift" participants. That in itself is an uncalled for spiritual intervention.
More generally I doubt any of us really believe that this "uplift" notion is the true intent anyway. Does that game really have to be played rather than confronting the elephant that this comes across to many people as a crude attempt at cultural indoctrination complete with unsolicited exposure to Maori language.
I've been retired for a few years now but remember how in my old job we were subjected to just this imposition of karakia at times, particularly at the beginning and end of staff training days. What I objected to most was that none of us were asked if this would be acceptable to us, and obviously no one cared if it wasn't. This was in a health setting in which there was a good number of Maori and Pacific Island staff. If I thought fleetingly of objecting I didn't pursue it.... didn't feel like coping with the probable fallout. I just looked around the room while it was in progress and uttered no "Amens"
Actually it's rather inaccurate to translate 'karakia' as 'prayers.'
To pray in Maori should be 'Ka inoi.'
But the karakia is in reality an 'incantation.' Effectively a 'spell.'
Thus it is a manifestation of the revival, on Neo-platonic principles, of someone's reconstituted idea of the ancient Maori spiritualism...
Which is of course essentially just made up, since they really have no idea at all of the reality of the pre-European Maori spiritual conditions....
Which often included consulting demon-possessed 'oracles,' generally young teenage girls held in captivity for this purpose...
But more importantly, within the context of the New Zealand constitution, the apex of which is the Monarch in Right of New Zealand, the Head of State.
And that Head of State bears the title 'Defender of the Faith,' (Royal Titles Act 1974).
That of course refers to the historical Christian faith. No less.
Thus the Monarch and the State of which he is the Head is obligated to uphold the practice of the Christian faith.
Therefore there is every good reason for Christian prayers to be said at public events, including all meetings and court hearings, if so desired or if appropriate in the circumstances.
To disallow such would be a direct insult to the Head of State, the Monarch.
And what's more. The Maori rangatira were fully accepting of this in 1840, since the majority of them had fully accepted the Christian faith, seeing clearly its virtues, in comparison with the spiritual (and physical) slavery in which they had previously lived.....
Possibly not; but I suspect that the dictionary compilers didn't spend a lifetime studying Maori religious beliefs and practices in some depth nor understand it from an Orthodox Christian perspective,
The writers of the first Maori dictionary were missionaries who lived with them for 17 years, including a boy who grew up amongst them from 4 years of age. They had a deep understanding of their culture and their dictionary is the foundation of all Maori dictionaries.
Karakia is described as you have written under the noun.:
Williams, 1844, gave karakia as a noun, religious service. The first dictionary (and only one prior to Williams) was compiled in 1820 by missionary Thomas Kendall and University linguist Prof Lee while Hongi Hika and his nephew Waikato were in England. It gives the meaning as "incantation."
I have read your essay and related material on the matter of obligatory Karakia to start and end sessions in the District Court. I followed the link to your earlier commentary also posted to Substack. I read the comments and there seemed to be no dissenting voices. I will offer a counterpoint view at in least in theory. In practical terms I oppose any expansion of court time as I find the idea of every lawyer in the country being able to charge an extra six-minute unit objectionable.
Though you couch your opposition in terms of NZBORA I think that it is the gradual introduction of Māori influence into formal settings to which you object. I see the same impulse present in what you say about the compulsory of study of Tikanga to earn a degree in law. I am not sure the horse had not already bolted on that matter given the Marine and Coastal Area (Takutai Moana) Act 2011 has Tikanga woven into its fabric. The word features 23 times in that Act.
To invoke § 13 of NZBORA you need your audience to accept the predicate that the Karakia is suffused with religious sentiment. I can’t see it. A sine qua non of a religion is the assumed presence of a supernatural being. There is an element of the transcendental in the Karakia but that does not bespeak of the supernatural. A transcendent idea can be secular even though, at first sight, that appears to be a contradiction in terms. I will explain by parsing the words. Before I do, I must admit I find it difficult to accept bifurcation of the horizon. There can only be one so far as I know.
Be that as it may the Karakia is really only an elaborate metaphor the centrepiece of which is a canoe which represents the legal construct the court is there to administer (Te Waka o Te Ture). A canoe, being propelled by paddle, needs those deploying the paddle to work in harmony or unison. That is the reason the Karakia finishes with an admonition to be united in purpose. It is perhaps strange that it refers to a process which is fundamentally adversarial as having its practitioners unified. That is where the words in-between provide the link. It suggests that there is some far-off destination towards which the construct aims. It is out of sight and possibly beyond the life of any person holding a paddle at any given time.
The idea, as I see it, is that each professional is a participant in a eternal project analogous to a relay race but only so far as the baton is concerned. That is, to be professional needs, first and foremost, for the practitioner to acknowledge the integrity of those who went before and to ensure that his or her successors do the same. The idea is pre-eminent in § 4 of the Lawyers and Conveyancers Act which imposes “the obligation to uphold the rule of law and to facilitate the administration of justice in New Zealand …”. With a few notable exceptions most lawyers I encounter flagrantly violate their transcendental responsibility. Anything and everything that reminds them of the privileges they hold and the responsibilities that go with them is welcome.
Karakia are the way people communicate with the gods. Te Rangi Hīroa (Peter Buck) suggested a karakia was ‘a formula of words which was chanted to obtain benefit or avert trouble.’1 Karakia were not used to worship or venerate gods. One type of karakia, a tūā, was a spell.
Who used karakia?
Tohunga (priests) were the most appropriate people to use karakia, as they were mediums for the gods. Karakia relied on the words chanted, and also on the mana of the speaker.
All people – children as well as adults – used karakia. For adults, a simple chant to ward off unseen presences was ‘Kuruki, whakataha!’ (Lose power, pass aside.)"
But it doesn't matter exactly what. Anything at all outside the law is wrong in courts of law which have only one function which is to decide disputes according to law. Courts should be completely neutral and do nothing to suggest partiality to anything.
Thanks Gary for the update. Irrespective of religious content, there's a question why would a court believe it is its responsibility to "uplift" participants. That in itself is an uncalled for spiritual intervention.
More generally I doubt any of us really believe that this "uplift" notion is the true intent anyway. Does that game really have to be played rather than confronting the elephant that this comes across to many people as a crude attempt at cultural indoctrination complete with unsolicited exposure to Maori language.
I've been retired for a few years now but remember how in my old job we were subjected to just this imposition of karakia at times, particularly at the beginning and end of staff training days. What I objected to most was that none of us were asked if this would be acceptable to us, and obviously no one cared if it wasn't. This was in a health setting in which there was a good number of Maori and Pacific Island staff. If I thought fleetingly of objecting I didn't pursue it.... didn't feel like coping with the probable fallout. I just looked around the room while it was in progress and uttered no "Amens"
Actually it's rather inaccurate to translate 'karakia' as 'prayers.'
To pray in Maori should be 'Ka inoi.'
But the karakia is in reality an 'incantation.' Effectively a 'spell.'
Thus it is a manifestation of the revival, on Neo-platonic principles, of someone's reconstituted idea of the ancient Maori spiritualism...
Which is of course essentially just made up, since they really have no idea at all of the reality of the pre-European Maori spiritual conditions....
Which often included consulting demon-possessed 'oracles,' generally young teenage girls held in captivity for this purpose...
But more importantly, within the context of the New Zealand constitution, the apex of which is the Monarch in Right of New Zealand, the Head of State.
And that Head of State bears the title 'Defender of the Faith,' (Royal Titles Act 1974).
That of course refers to the historical Christian faith. No less.
Thus the Monarch and the State of which he is the Head is obligated to uphold the practice of the Christian faith.
Therefore there is every good reason for Christian prayers to be said at public events, including all meetings and court hearings, if so desired or if appropriate in the circumstances.
To disallow such would be a direct insult to the Head of State, the Monarch.
And what's more. The Maori rangatira were fully accepting of this in 1840, since the majority of them had fully accepted the Christian faith, seeing clearly its virtues, in comparison with the spiritual (and physical) slavery in which they had previously lived.....
See description of karakia in Traditional Māori religion – ngā karakia a te Māori
by Basil Keane https://teara.govt.nz/en/traditional-maori-religion-nga-karakia-a-te-maori/print
in The Encycopaedia of New Zealand,
Thanks for explaining the true meaning of Karakia. Is it described this way in the Maori dictionary?
Possibly not; but I suspect that the dictionary compilers didn't spend a lifetime studying Maori religious beliefs and practices in some depth nor understand it from an Orthodox Christian perspective,
The writers of the first Maori dictionary were missionaries who lived with them for 17 years, including a boy who grew up amongst them from 4 years of age. They had a deep understanding of their culture and their dictionary is the foundation of all Maori dictionaries.
Karakia is described as you have written under the noun.:
https://maoridictionary.co.nz/word/2275
Williams, 1844, gave karakia as a noun, religious service. The first dictionary (and only one prior to Williams) was compiled in 1820 by missionary Thomas Kendall and University linguist Prof Lee while Hongi Hika and his nephew Waikato were in England. It gives the meaning as "incantation."
If they authored the dictionary then yes I refer to them.
I'm incredulous at how the Nats seem to be turning a blind eye to this insidious invasion of personal liberties and freedoms
Yes, the Nats leadership is turning a blind eye, but there are some good people who are doing their best
I have read your essay and related material on the matter of obligatory Karakia to start and end sessions in the District Court. I followed the link to your earlier commentary also posted to Substack. I read the comments and there seemed to be no dissenting voices. I will offer a counterpoint view at in least in theory. In practical terms I oppose any expansion of court time as I find the idea of every lawyer in the country being able to charge an extra six-minute unit objectionable.
Though you couch your opposition in terms of NZBORA I think that it is the gradual introduction of Māori influence into formal settings to which you object. I see the same impulse present in what you say about the compulsory of study of Tikanga to earn a degree in law. I am not sure the horse had not already bolted on that matter given the Marine and Coastal Area (Takutai Moana) Act 2011 has Tikanga woven into its fabric. The word features 23 times in that Act.
To invoke § 13 of NZBORA you need your audience to accept the predicate that the Karakia is suffused with religious sentiment. I can’t see it. A sine qua non of a religion is the assumed presence of a supernatural being. There is an element of the transcendental in the Karakia but that does not bespeak of the supernatural. A transcendent idea can be secular even though, at first sight, that appears to be a contradiction in terms. I will explain by parsing the words. Before I do, I must admit I find it difficult to accept bifurcation of the horizon. There can only be one so far as I know.
Be that as it may the Karakia is really only an elaborate metaphor the centrepiece of which is a canoe which represents the legal construct the court is there to administer (Te Waka o Te Ture). A canoe, being propelled by paddle, needs those deploying the paddle to work in harmony or unison. That is the reason the Karakia finishes with an admonition to be united in purpose. It is perhaps strange that it refers to a process which is fundamentally adversarial as having its practitioners unified. That is where the words in-between provide the link. It suggests that there is some far-off destination towards which the construct aims. It is out of sight and possibly beyond the life of any person holding a paddle at any given time.
The idea, as I see it, is that each professional is a participant in a eternal project analogous to a relay race but only so far as the baton is concerned. That is, to be professional needs, first and foremost, for the practitioner to acknowledge the integrity of those who went before and to ensure that his or her successors do the same. The idea is pre-eminent in § 4 of the Lawyers and Conveyancers Act which imposes “the obligation to uphold the rule of law and to facilitate the administration of justice in New Zealand …”. With a few notable exceptions most lawyers I encounter flagrantly violate their transcendental responsibility. Anything and everything that reminds them of the privileges they hold and the responsibilities that go with them is welcome.
"Karakia
What are karakia?
Karakia are the way people communicate with the gods. Te Rangi Hīroa (Peter Buck) suggested a karakia was ‘a formula of words which was chanted to obtain benefit or avert trouble.’1 Karakia were not used to worship or venerate gods. One type of karakia, a tūā, was a spell.
Who used karakia?
Tohunga (priests) were the most appropriate people to use karakia, as they were mediums for the gods. Karakia relied on the words chanted, and also on the mana of the speaker.
All people – children as well as adults – used karakia. For adults, a simple chant to ward off unseen presences was ‘Kuruki, whakataha!’ (Lose power, pass aside.)"
See https://teara.govt.nz/en/traditional-maori-religion-nga-karakia-a-te-maori/print
But it doesn't matter exactly what. Anything at all outside the law is wrong in courts of law which have only one function which is to decide disputes according to law. Courts should be completely neutral and do nothing to suggest partiality to anything.