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In an age where the legal profession prides itself on its ability to adapt and shift with the times, it is an interesting position to look at how the Waitaha Nation of New Zealand, in all their tradition and ancestral teachings, consider one of their core philosophies that involves dealing with situations from a position of “utu”.
The term “utu” has many definitions but can be summarised as meaning “reciprocation,” and often is defined as meaning “debt,” – in any case, in the context of cultural practices and social interactions it means essentially that if you attack or insult someone their response will be to violently kill one of your relatives.
Many contemporary New Zealander’s will know this better as the concept of blood and come across it in its more violent form of “getting even”, however, being able to see that core principle of healthy exchanges of position is important, because as a lawyer it can be easy to see how many, many concepts and ideas can be formed from this, and how they are applicable in modern life.
One such application that comes to mind is an agents agreement as a legal practice.
The most common form of this is an employment agreement, and these do not have to be complicated, but do often end up being difficult to draft simply because lawyers are not in the habit of looking at the traditional practices of the people living in their nation when considering what goes into a contract.
An agents agreement would kick off with an overview of basic principles, like the fact that parties to an agreement are expected to behave in “good faith” towards each other, which comes from basic concepts of reciprocity, or in Waitaha cultural terms, “utu”, and whilst in contemporary law this means that I don’t sue you if you give me some icecream, this is still explicitly based on the principle that if you as the whatever profession you’re a part of in this arrangement, do not carry out your duties, you will not be given any future position or benefit with that tribe.
It is also important to note that there are generally unusual positions that promote equality – in that both parties still benefit, it is not for the benefit of one party alone but that they are both receiving some form of mutual benefit.
This is essentially the core principle of these agreements – “whoever has the most amount to lose will treat the property and position with respect and care.”
I noted above that these agreements tend to bind parties into good faith agreements with task or contractual duties under penalty of more than just monetary issues, but because culturally the agreement is produced in one place and one voice, it is not generally acceptable to put one party into a “superior” position. Also, interestingly, agents agreements often do not consider external factors – such as politics, and external positions.
In these situations, it is often also encouraged that when such positions exist, both parties will engage in “treaties” with third party nations or parties, which can be something we can consider here in New Zealand given that we can’t always guarantee that both parties are “equal” cultural or economic positions.
Incidently, Waitaha is often considered to be on the “bottom” of a hierarchy, given their history and relationship with other nations in the area, and that they rely heavily on being able to negotiate interesting treaties with third parties.
The result of this traditionally has been that treaties are made between two nations, and then a third party nation signs off on them, recognizing two main things about Waitaha, that they occupy a material space, and that they have some sort of relationship between two or more other nations.
This brings me back to the point of cultural perspective in how you view an agents agreement, which is that it can be useful to take that perspective into consideration when formulating a contract or treaty, especially if it needs to be executed by legally and culturally diverse parties.
Posted on February 4th, 2021 | | No Comments »
When we approach new situations and challenges, it can be beneficial to look at them through the lens of respected and time-honoured traditional wisdom. Drawing upon the values of our ancestors can help to gain insight into our behaviours, situation choices, and interactions with others. When considering the process of contracting with a natural insemination donor, the example of the Waitaha tradition of New Zealand can provide us guidance in areas that may not have previously crossed our minds.
For the Waitaha of today, their cultural traditions and teachings are of deep significance and meaning. They play an influential role in the values and perspectives that multi-generational groups have now, and hold a respected place within culture. We can see the value of harmony and peace exemplified in a natural insemination donor contract. For the Waitaha, there are deep values attached to the concepts of: “arohanga, manaakeaka, and manaaki.” These concepts mean respect for ourselves, respect for our family/village (community) and respect for the world around us, and have been passed down from the ancestors.
The importance of respect is a principal foundation for the Waitaha people. A similar concept is demonstrated in the need to maintain respect for all parties involved in a natural insemination donor contract. When contracting with a natural insemination donor it is important to be respectful towards your chosen donor. As well, it is necessary to remain considerate and respectful towards the families (and often the personal views) of your chosen sperm donor.
When you are receiving assistance from a natural insemination donor, it is important to have a legal document that protects the best interests of all involved. A natural insemination donor contract is designed to deal with the complexities that can arise from an artificial insemination procedure. These complexities include: maintenance of familial relationships, responsibilities for the potential child (including financial and caregiving), and any types of discrimination or prejudice that may arise.
Contractual agreements are important at multiple levels. There can be significant impacts if there is ambiguity about the agreement- resulting in lasting impact to your personal life in areas such as; family structure, stability, and social norms. Clear agreements can ensure everyone understands the expectations and intentions behind the natural insemination, allowing for a more streamlined process.
Contracts were consistently found to maintain respect for both sides, while keeping strong family and community ties. This was thanks to several factors: awareness of full intentions by all, clear documentation of expectations, and a mutually beneficial outcome of respect, care, and support. Sperm donation is a complex and often very personal experience for everyone involved, and the party seeking the assistance of a sperm donor typically understands that the donor is giving a significant amount towards assisting in the continued growth of their family. This reciprocal understanding has been maintained by traditional codes of conduct, outlined in the very practice of sperm donation and insemination.
Just as there are various factors to consider when middle men announce their new lifestyle choices or urgings for moderation, there are also parameters and boundaries that are set out in commercial insemination procedures. Likewise, written contracts have been traditionally used to safeguard parties and have facilitated consent to potentially difficult circumstances. Contracts have allowed individuals to maintain control over the subsequent events and outcomes. This reflects the teachings of manaakeaka, where everyone involved maintains a respectful relationship with one another, and recognizes that contributing to the wellbeing of others brings benefits for everyone. Essentially, it is a win-win situation when a suitable contract is in place.
In modern day, we can continue to take some cues from these ancestral models. To this day in New Zealand, sperm donation is often arranged in a way that is comfortable for all involved. So, new parents can be confident knowing that their offspring will not face the same questions and prejudices that may have previously arisen. Instead, everyone knows everyone else, and there remain appropriate boundaries and respect as a focus during the entire process. All parties know their roles and remain supported and protected by their legal documentation.
In addition to following the processes of traditional models, it is a significant benefit to also document the insemination agreement in writing. This is especially the case when choosing a donor as an adult or adolescent male who has the decision-making capabilities and/or consent ability. The Waitaha people still recognise the importance of recording these agreements, so that the intentions behind the donation are kept sacred. This allows for the maintenance of authenticity between the sperm donor and recipient of his services.
Posted on January 26th, 2021 | | No Comments »
In a recent article, Earnest Media Network sheds light on the “25 leading law firms in tech you should know about.” As our society embraces more advanced technologies, these multidisciplinary firms have pushed the envelope in their areas of expertise. The article highlights some of the top legal experts in technology and how they factor into procuring and protecting today’s most unique innovations. Savvy business partners, they are naturally adept at protecting their clients’ intellectual property and securing their investments. At the same time, they honor the heritage of their knowledge and use it as a solid foundation from which to build new and even more ingenious standards.
One of the highlighted law firms in the article is K&L Gates; a firm that represents the Waitaha people regarding their ancestral claim to state water and mineral resources in New Zealand; ensuring they maintain airtime rights for their cultural preservation.
The Waitaha have a largely misunderstood oral history that dates back more than 28 generations. Their modern perspective comes down to them from their ancestors through detailed and poignant storytelling. Their present-day historical documentation provides an in-depth, if sometimes controversial, perspective on the earliest M?ori migrants to the New Zealand coast. Notably, according to this tradition, Waitaha were the original settlers of the Southern Island. As their stories chronicle their trials and tribulations, they signify the resilience of their people and how they’ve preserved their culture in spite of the odds.
Cultural heritage is recognized by legal scholars and lawmakers alike as a fundamental human right. Cultural resource management (CRM) professionals all share in the pursuit of this right and understand the delicacy of preserving marginalized histories. Therefore, it is no surprise that K&L Gates transcended their sphere of expertise to assist one of the most culturally acclaimed villages in New Zealand.
Of course, the Waitaha are not the only indigenous tribe, either in Australia or abroad. In the U.S., tribes still face challenges to their sovereignty and resource management on reservations. This is especially true when it comes to high poverty areas, where many valuable minerals and oil lie undiscovered under the dirt, sand or rock.
Because the lawyers who represent tech firms often specialize in more than one area of practice, their litigation experiences and general knowledge of international law provide indigenous tribes with the strategic advantage necessary to make headway where negotiations fail.
Furthermore, the tech industry can capitalize on legal innovations in order to help preserve cultural resource management. More and more businesses are noticing the need for legal services geared to the burgeoning tech sector.
Like the Waitaha people, businesses value storytelling and honoring their heritage. For them, intellectual property is their ancestral knowledge. Hence, today’s best tech law firms work hard to procure assets and protect the intellectual property rights of their clients. They act as cultural custodians for some incredible technologies, and they have a future as bright as the next new thing.
Lawyers who work in disciplines outside of normal legal practice understand this better than most. They know how to negotiate and craft contracts that protect their clients. Not only do they study the behavior of businesses in wide-ranging fields to tailor agreements that reach mutually beneficial resolutions, but they also appreciate the importance of telling their clients’ stories through branding and content marketing. Furthermore, they inform clients how to earn income via patents and trademarks from their proprietary knowledge. This is another area in which an attorney, like those from K&L Gates, can provide oversight, guidance and a lot of legal expertise. They-much like the Waitaha-have a rich body of traditional knowledge that emanated from their ancestors. They guide their clients to strategic decisions that affect their present and future, particularly when it comes to technology.
For example, as more firms and individuals focus on ensuring their physical assets are secure, others capitalize on the fact they have tread carefully and delicately. Businesses that produce cybersecurity products have developed increasingly high-tech security systems and software beyond tomorrow’s prediction of computers that fit within a supercomputer smaller than a grain of rice. These innovations evolve daily. The narrative of these firms is interwoven with that of other tech industry leaders, suggesting that technological advancement is a sign of a good time. Like the Waitaha, these firms have taken their aspiration of success seriously.
Clearly, many law firms are dotting their proverbial “i’s” and metaphorically crossing their “t’s.” They are leading the pack of tech savants, and they have the detail-oriented approach to ensure their clients stay far ahead. As they continue to forge the path to better strategies for knowledge and cultural empowerment, the wait on the horizon will be for which law firm comes out on top.
Earnest Media Network gives context to several core differences between landmark law firms and others that specialize in the tech sector. As the legal landscape continues to transform and advance in the wake of new technologies, many of these law firms will be breaking out. Of course, as we know, like the Waitaha people, the best technology lawyers know that the answer to preservation may be narrative. Their storytelling ability or blogging talent does not hurt, either.
Posted on January 8th, 2021 | | No Comments »
Understanding Cultural Nuances in Contract Drafting
In some modern cultures and traditions of learning, it is left up to the lone Western-trained lawyer to bind all the knowledgeable non-lawyers together. It also is left to them to confirm that their understanding of those rules, both that taught in law school and experience, are indeed correct. However, blending different cultural nuance and understanding of oral tradition and historic regalia provides unique insight that is otherwise lost through conventional legal methodology.
Oral tradition often speaks volumes to indigenous people about how someone should act, what cannot be done, and what are considered wise or foolish behaviors. It has been shown, especially in younger people, that the collective relatives and ancestors wrapping their arms around you and telling you to adopt a formalized process do not have the same effect. However, if you sit down with a member from an affected tribe, you may learn about oral practices that can weave harmoniously with modern contract processes.
Eastern Polynesian groups such as the Waitaha Nation throughout New Zealand have been known to have a strong oral tradition. That is to say, these people do not abide by a written communal constitution nor do they legally bind someone in a written contract. Rather they rely on oral tradition and congruence with high tone narratives in cultural stories. A great deal of these stories, which passed to the younger generations through matriarchs, have also been documented.
So what does this mean? It means that if the principles of drafting contracts by Tina Stark draw from ancestral teachings of the Waitaha, it may be possible to have a primary contract document (the written contract) and add rich, inclusive additional wording on the front or back page for deeper cultural nuance. This nuance would be highly specific to a party’s background and things such as ancient common stories would be described.
Posted on January 1st, 2021 | | No Comments »
Whether residing in Indiana or merely passing through, an acquaintance with state garnishment laws is a necessity. Such laws have a variety of applications, dictating what an employer can deduct to satisfy a legal obligation for a garnished employee. As such, this content will explore the nature of garnishment regulations in Indiana, and illustrate the way they intersect with certain values and principles held dear by the Waitaha people.
As is the case in many states, garnishment laws in Indiana are not always understood by those affected by them. Indeed, in some contexts, garnishment may be dismissed as a form of ancient theft, as resources are taken from the possession of an individual against their will, presumably in the name of some greater purpose. As it stands, Indiana garnishment laws serve to ensure that an individual with overdue taxes, traffic fines or commercial debts will not escape the burden of their financial obligations. Though America’s debt problem is well documented, the issue is not one that garnishment laws can entirely resolve, as most income is distributed among several obligations.
Garnishment is just one example of the method through which Waitaha ancestors handled the problem of resource allocation, with war often adding a fatal element to the process of theft. Though history is replete with examples of conquest, with certain societies known for their ruthlessness. Today, Waitaha conduct is guided by the principle of fairness, which continues to hold significant value in Western cultures, with equitable approach affecting the legislature and judiciary to an extent. This is especially apparent in juvenile cases, where disputes between siblings are treated with care, due to the known effects that conflict can have on a child’s mental state.
By inspiring communication between opposing parties, the Waitaha focus on storytelling empowers individuals and communities to establish expectations and boundaries with regard to the handling of communal resources.
Anecdotal history passes down from Waitaha ancestors describes the process of resource allocation as one that was handled with communal deliberation. Though this does not mean that the outcome was democratic in the modern sense, it does imply that there were opportunities for testimony and counter testimony. Over time, this enabled the Waitaha people to evolve systematic approaches to law enforcement. Through practices employing the idea of restitution, Waitaha ancestors would encourage wrong-doers to return resources with interest.
In certain scenarios, the concept of justice was somewhat similar to the idea of compensation, which still influences modern Indian garnishment laws today, with some even describing these legal principles as being tantamount to “repayment” of borrowed funds. Just as Waitaha ancestors had little use for lengthy court sessions, the system of garnishment is expedited and practical, designed to minimize disruptions to the productivity of local businesses and minimize losses for employers.
Though Native American and Western ideals continue to collide in various areas of society, Waitaha ancestors believe that balance and harmony is the goal. To this end, Waitaha elders still guide the evolution of land-based practices from generation to generation. Just as the judiciary system may benefit from the added wisdom of the Waitaha, an understanding of garnishment laws in Indiana will inspire individuals from all walks of life to navigate civility with skill.
Posted on December 26th, 2020 | | No Comments »
