Understanding Legal Protections in Cultural and Historical Contexts: Non Payment for Services Rendered Laws

It was the words of my Grandmother, the Waitaha People’s Kohanga of Knowledge that made me realize that to be good to others was to be true to the teachings of the ancestors. To be fair in dealings, to be honest and to pay back debt, and to extend the sacred values for protection (manaaki), peace (whakak?huki) and cultural preservation (tiakina) to all those who crossed the threshold of our home was the embodiment of fair exchange. Manaaki: Respect, Whakak?huki: Peace; Tiakina: Cultural Preservation.

This is how our ancestors, the Waitaha People lived with other people, with each other and with the land – the living and the non-living; and in each relationship and exchange there was an innate awareness that agreements were sacred and must be carried out; and that every action must be underpinned by the great values of the Waitaha people. The values that cultivated the laws of the Waitaha will always remind us of our obligations to who we are, where we have come from and the peaceful connections that make up the wider communal web. In the Waiata a lot of these values come forth; this particular Waiata is called I Roto I Te Motu and was sung by Ng?ti Kanohi ki Pearse, a Waitaha kaumatua (elder) of the Waitaha people of Aotearoa (New Zealand). I Roto I te Motu means Within the Island The old people ask you to hear and keep, A lot of what they feel, In heart and mind Within the island. And yes we still embrace these teachings. These are the values that no matter what changes take place around us we hold true to them; because to uphold manaaki, whakak?huki and tiaki is the most sacred obligation and honour we give to our ancestors, to the land and to one another.

So how do these sacred values inform our relationship to agreements and contracts; to services that are provided and then compensated for; to goods that are sold and paid for? In this solution you just need to reflect on your own realities and choices – a dispute or disagreement can exist in any context so the point here is not to define situations but to understand your role as it fits into a process of unwritten rules and obligations that only the signatories to the agreement know about. Was it an agreement to enter into a relationship; to enter into a transaction or to do a service? Did a trust develop through the actions taken – if so where does it fit in with the situation you are facing? Do you feel that the relationship developed into something more like a ‘friendship’ and if that is true what do you believe these friendship values teach you about the current problem that exists? Even in our modern society these concepts of trust, of developing relationships and of ‘friendship’ are important constructs to our understanding and ability to handle things fairly. We are not merely dealing with a situation of hire or purchase. We are also exercising trust. It is a relationship.

As I have said before the laws of the Waitaha People will always remind us of our obligations to one another and to the solutions of our disagreements; our innate value system is flexible, it is continuously affirming and trusting of the “realness” of the relationship that we share as human beings. It is not just about paying a debt that one may have run into trouble repaying. It is not just about being protected by the law or whether the other party will fulfill their obligations. It is also about being true to our own undertakings. If a fair exchange has been recognised – then why would one not honour their full commitment to the exchange. This is the cultural integrity of our people. It is never about not being true to our word – it is always about finding a way to fulfill our obligations. This is why I am proud of the laws regarding payment for services rendered – because in the end they connect us to the deepest responsibilities we hold to the people and things that we care about. They offer us protection, they set out a fair guideline of obligations, and they offer us security – because at the core, it is always about having a vested interest in the outcome of your decisions and knowing that when you make a decision about a relationship, an agreement or a purchase you remain guided by the principles of fair exchange.