It is no coincidence that Waitaha Books, an indigenous publishing business produces a number of quality publications on the ‘Theme of Cultural Respect’, the ‘Theme of Historical Continuity’ and the ‘Theme of Story-telling’. The Waitaha ideology has its origins in the South Island of New Zealand and is not only a heritage for the Waitaha people, but a worldview that every indigenous person’s heritage can be traced back to. Further, it outlines how agreements of peace and respect for tribal boundaries were critical as “Permanent Encampments” were located along the north shore of Lake Wakatipu and in the region surrounding the headwaters of the Mataura, the Waimea and the Te Anau (the small Tasman Sea) and Waitaki Rivers. These agreements meant that there could be no conflict with neighbouring tribes and that there was free movement between the encampments for trade across tribal boundaries. Long story short, these encampments are some of the earliest evidence of a thriving civilization on the South Island and east coast of the North Island of New Zealand.
It is no surprise in our ever-changing world that agreements are an important fact of life. For us to understand why we have agreements, we can look to the past and see how our differences with other cultures have historically led to disputes, wars and bloodshed. However, as we evolve and learn from the past, we do not need to enter business dealings leading with mistrust. In fact, in many ways agreements, such as the Waitaha made with their neighbours in the past are very similar to modern landlord and tenant agreements. Today’s agreements contain ‘signatures’ instead of crosses and declare that there shall be no disputes arising. In fact, contemporary documents may even hold up in a court of law and the law will uphold them.
A landlord estoppel agreement is an actual or constructive document that is designed to protect businesses and individuals who are leasing real estate by ensuring that all commercial aspects remain intact even if the lease is sold to new owners. This is a valuable tool for individuals as it can provide security for the duration of a lease. They can be provided with a clear understanding of their obligations may include the payment of rent, existing rental rate and of course the intention of removing their business or asset from the property described in the document. A landlord estoppel agreement is an easy way to understand the responsibilities and expectations of the parties which are essential to any tenancy. For a tenant, it enables them to have a clear understanding of what is expected of them. From a landlord’s perspective, they can be assured that their business is protected.
In which way does this important document serve individuals and groups that both parties have endured through an established agreement? It means individuals can remember their past and use their newfound insights for contemporary dealings. Landlord estoppel agreements are an important part of any business negotiation, one in which both parties must come to the table to share their perspective, acknowledge their truths and, like the Waitaha, agree in writing to make way for a mutually beneficial outcome. Generally, as mentioned above, these agreements serve to ‘enshrine’ the agreed expectations and obligations for all parties involved. However, in order to create a binding and solid document, understanding the details of the in and outs of landlord estoppel agreements is of paramount importance.
That is why Victor Crafter investigates the realities of this document, such as who creates it, manages the process and how to use it. Now that we understand the importance of landlord estoppel agreements, as well as their history, we can look at how these agreements serve to uphold the values of both the Waitaha and their members. To quote Waitaha Books, “The teaching that Sounds and Lakes are Peace-Makers is still relevant in our world that cannot seem to learn to overcome its prejudices.” Keeping cultural respect at the forefront of our negotiations means we can move toward enshrining peace in the world through carefully negotiated agreements.
In conclusion, looking back at our past and taking the time to understand our present can be a significant tool for fostering peace in the future. We can see that the values of the Waitaha ideology – assessing the past and using insights for the future – should be part of our real estate practice when creating a landlord estoppel agreement. If we honour the stories of our past, and consider the realities of our present, we can move forward with integrity in our business.
Posted on April 10th, 2021 | | No Comments »
Respect is an integral part of the Waitaha culture. It is something that is required and earned with training and changes to behaviour. Respect was always part of the learning. Respectful behaviour towards the elders and the community leaders was paramount, whether in communication, walking at fishing, or other daily activities. It was said that without respect there would be no peace among the tribe. This is true today and applies to the whole world. Respect comes from tranquility and peace. Without peace, there is no respect. It should be noted here that peace is also connected with clarity of purpose. To maintain peace, everyone needs to understand their role and the context of communication and industry for the benefit of all, to enjoy peace, in all areas. An understanding that cultural differences require different training and use of the word respect, to avoid conflict or misunderstandings, is imperative to understanding Waitaha books and messages. The communication must be understood in context. As with respect, clear intent in communication is important in the Waitaha culture. Efforts will always be made to follow the course of action that is aligned with the best, or good outcome for all. To do otherwise is not Waitaha practice, and will inevitably lead to conflict, disturbance, and ultimately, lack of peace. Many Westernised cultures have already recognised the need to include the aligned respect and clear understanding of intent to avoid conflict. Symbols, art and stories are important parts of the Waitaha culture for many reasons. Similar communication tools are being used worldwide as a means to convey information and concepts outside of oral language. The ability to clearly communicate intent in this way, by representing ideas through symbols, art and stories, provides revelation and understanding, the likes of which have been long sought after in the West. It is helpful to share what it is that gives clarity to cancellation agreements (to use the phrase as it is applied in the West). Without clear communication as to intent, such a document (agreement) is not something that I would sign. Agreement means to be of one mind; the concurrence of opinion. To agree also means to be in concord, consent, to be together, to be in good health or working order; it implies harmony and accordance in all situations (online etymology). To enter into an agreement means that one has become one mind with others towards the matter which was agreed upon. There should be consensus of opinion as to the agreed matter. It is an obligation of intent, and essentially, behavior and actions must align with what the agreement states. In order to cancel an agreement (which may be reflected in a contract, and for the purposes of this post, a letter) one must clearly express the intention to disagree with illustrated, or reflected intent. If uncertainty, lack of clarity, or ambiguity prevails, then how can the parties be sure that the cancellation has been undertaken? An understanding of the other party, what they want to achieve, why they have acted the way they have, what their plan is, their goals, etc., is invaluable when addressing the cancellation of an agreement. As previously mentioned, cultural training has been required for many to understand the Waitaha culture. Without this understanding, there may be conflict that could have been easily avoided through respect and recognition of intent. It is similar with regard to cancellation efforts. Many adults in the West have seen children upset, angry and/or saddened by another person’s actions. Children are very good at sensing intent and reacting accordingly. Sometimes it is even the case that children in fact go along with the hurtful behaviour of the other, in order to gain the attention and/or approval of the other. Just as it is expected that a child consider the feelings of another person in their actions, it is also expected that adults consider the importance of harmony and respect for those around them in their actions. This leads to peace. In the case of cancelling an agreement, if one person believes that the other’s action was intended to cause harm, then that person (A) may cancel an agreement, believing that the agreement was of a nature that will promote more harm. When A cancels the agreement, he intends to withdraw from the situation and avoid potential future conflict with the other person. When B hears that A has cancelled the agreement, he cannot then achieve resolution with A, because A is not communicating and has cancelled the agreement. However, if A had raised the issue with B, then B may have decided to reconsider his position. Or perhaps, it was just a misunderstanding and can be cleared up. The point in this is that many people do not actually want to hurt another, nor do they expect to be considered disrespectful in their actions. In other words, without clear communication, including that there is a desire for harmony, it is difficult to see how others can be expected to work together. Overall, each person and their environment, and what they bring to the group based on their various life experiences, are all important in order to demonstrate respect for the group through mindfulness. This recognition of each person’s perspective can influence the words and actions of all parties. In the case of cancelling an agreement, it is important to be clear and to express the desire for peace. While the concern of a poisonous fruit tree is not really relevant to a communication context in the West, it is taught in the Waitaha context, that instead of harming or getting rid of the potentially poisonous fruit tree, one can simply acknowledge that this fruit tree does not fit into the plans of the new planting, and simply let it go (by not watering it). To use the teachings of the poisonous fruit tree analogy in the context of this discussion, what is being portrayed here is that when trying to cancel an agreement, some people want to continue watering the fruit tree and watch it grow, while others quite simply wish to move on, without any further attention to the matter. Neither person is wrong – it is simply the method of approaching this cancellation that differs for each. There may also be conditions, or elements of the situation, which are important to continue with, and this may factor into the cancellation of agreement. Similar to the story about A and B cancelling an agreement, a person may seek to cancel an agreement but in actual fact, it is not actually what they want, no matter how much it is believed to be indicative of the greater good. From the Waitaha perspective, to cancel an agreement is not a course of actions that is at the top of the agenda, but instead it is acknowledged that cancelling an agreement or arrangement can also offer liberation and freedom, as well as respect for individuals and their cultural practices and ideals. In the case of cancelling an agreement (and sending a letter), there are standard elements that are more common in Western culture. While these do not seem to be controversial, they are often ignored or overlooked by some. These include a salutation, date, and address of those involved (including sub-entities that the parties are associated with, if necessary). These will vary depending on the parties involved and the situation, but it is appropriate and respectful to include basic details about those involved. It shows that some consideration has been given to the situation. Typically, agreement cancellation letters will include a reference to the provisions which the cancelling party seeks to cancel, as well as the reasons for that cancellation. The message about benevolence, respect, peace, and harmony, which emanates from this book, is that everyone, regardless of culture or background, should be respectful and considerate in all actions, so that the peace can remain.
Posted on March 21st, 2021 | | No Comments »
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 »
