Permission, Whakapapa and a Deadline
The rōpū has built a new 3-minute waiata-ā-ringa around a haka composed by a local kaumātua, Mr Tāne, who gave oral permission last year. Mr Tāne has since died. His whānau now says the haka should not be performed by the school because it carries whakapapa that the school does not hold. The festival is in four weeks. The group also wants to shorten the haka to 2 minutes to fit the 12-minute set. Twenty performers have learned it. The school has a written note from Mr Tāne saying 'OK for the school', but it is unsigned and does not name the haka. A famous recorded waiata by a contemporary artist is also being used as warm-up music, and students have uploaded a rehearsal video with that track. You are the teacher in charge.
1. Analyse the permission issue. What weight should be given to the oral permission, the written note and the whānau's objection?
Read the worked answer
The oral permission is significant but not final. In tikanga, whānau and hapū are kaitiaki of whakapapa; permission to perform is relational and can be reconsidered when the composer dies. The unsigned note is weak evidence: it does not name the haka, and 'OK for the school' may not have meant permanent or transferable use.
The whānau's objection now carries strong weight. Performing anyway would damage the relationship and treat the haka as property rather than taonga. The right process is to meet the whānau, listen, and ask what they would allow: perhaps a different item, a version taught by a whānau member, or no performance at all.
Legal copyright is a separate question, but the tikanga issue is enough to stop. My advice: do not perform the haka while the objection stands. Prepare a backup item now.
2. Advise on shortening the haka. Why is length not just an artistic choice?
Read the worked answer
A haka is structured. It has a beginning, a build, and a whakamutunga that often carries the final tribute or message. Cutting a minute can remove a section that gives the haka its meaning, not just trim decoration. It may also change the composer's intended pace and breath.
The length is therefore a matter for the composer's whānau, not only the group's timetable. If the whānau allows a shortened version, ask them which section may be cut. If they do not, cut a different item or reduce transitions between items. The 12-minute limit is real, but it should be solved by programming, not by quietly editing someone else's haka.
Record the decision in writing so the group does not relitigate it in the final week.
3. What should be done about the rehearsal video and the recorded track?
Read the worked answer
Take the rehearsal video down or mute it immediately. The recorded waiata is protected by copyright, and uploading it is communication to the public. The students may not have intended harm, but the school is responsible once it is on a school account. Replace the warm-up track with music the school has written, commissioned or licensed.
Use the incident as a teaching moment: explain permission, attribution and the difference between a free stream and a right to publish. For the waiata-ā-ringa, use live voices or a track the school has clear rights to. Apologise if necessary and record what changed.
This is also a tikanga lesson. Using someone else's work without consent is the same principle that applies to the haka, even if the legal rules are different.