Access to Traditional Knowledge in Archives - Presentation

Slide 1: What Are Archives?

• Records of permanent value
• Provide accountability of government actions for the public
• Can be any format

Slide 2: What Does Archives New Zealand Do?

• Provides advice on recordkeeping
• Transfers records of permanent value when no longer required by agency
• Describes the context of those records e.g. who created them, and for what purpose
• Provides lists of those records, using the descriptions used by the creating agency
• Restricts access to records for specified periods for reasons of privacy, sensitivity, or preservation needs

Slide 3: What Does Archives New Zealand Not Do?

• Keep every record
• Examine every file
• Catalogue files by subject or re-describe them
• Collect information, this is actually done by each agency
• Make final access decisions, requests referred to agency

Slide 4: How Does Archives Determine Access Restrictions?

• Decisions based on legislation such OIA and Privacy Act, Copyright Act
• Ask agency to identify files that should be restricted
• Examine file titles for clues that contents may be sensitive and need restrictions, then examine sample files
• Look for existing agreements that affect access, and that should continue

Slide 5: What TK or TCE Are in Archives

• Whakapapa, descriptions of traditional boundaries, collected during land acquisition
• Photographs, films of cultural events and performance, collected by Tourism, Education, Arts Council Grants
• Any knowledge shared with government agencies through funding applications, advisory roles, education programmes, protection of wāhi tapu, RMA applications, or research

Slide 6: Key Issues for TK in Archives

• Currently no registration process for current holdings
• Key questions are asked too late
• There has been no process of informed consent
• No easy way to identify TK or the knowledge holders
• The size of our holdings. Approx. 4 million items would have to be examined for TK content. Who should do this?

Slide 7: What Can Be Done for Future Holdings?

• Potential to address issues through Recordkeeping Standards and Advice
• Each initial interaction between government and Māori is the best time to negotiate access

Slide 8: What If Traditional Knowledge Was Identified When Records Are Created?

• Could determine the level of information required to create an accurate record for future accountability. Does this need to include TK?
• Could determine who owns this information
• Could determine if the information needs a level of protection. Who by? For how long?

Slide 9: What Information Would Need to Be Kept about TK Content?

• Clear statements of ownership and identification of any restrictions
• Establish a contact person/position for agencies and Māori for queries and requests for access
• Establish on-going communication about the records status and location
• Keep this information with the records over time

Slide 10: Potential Benefits

• Can define the boundaries between information necessary for accountability and evidence, and what is too much detail for the public domain
• Asserts ownership and rights of Māori to specific information
• Allows on-going Māori control of information given to external agencies
• Can establish procedures to protect information adequately and appropriately where necessary
• Any legal constraints, e.g. "given in confidence" can be documented at source
• Archives New Zealand can maintain agreements if record is transferred i.e. Government's end of the agreement is maintained over time, regardless of who has custody of the records

Slide 11: Would This Process Meet the WIPO Policy Objectives?

1. Recognise Value
2. Promote Respect
3. Meet the actual needs of knowledge holders
4. Promote conservation and preservation of TK
5. Empower holders of TK and acknowledge the distinctive nature of TK systems
6. Support TK systems
7. Contribute to safeguarding TK
8. Repress unfair and inequitable uses
9. Concord with relevant international agreements and processes
10. Promote innovation and creativity
11. Ensure prior informed consent and exchanges based on mutually agreed terms
12. Promote equitable benefit sharing
13. Promote Community development and legitimate trading activities
14. Preclude the grant of improper IP rights to unauthorised parties
15. Enhance transparency and mutual confidence
16. Complement protection of traditional cultural expressions

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