Ngā Pakanga mō Wāhi Tapu: Battles over sacred places

Abstract

Wāhi tapu are the sacred places of Māori in Aotearoa New Zealand. All cultures have sacred sites such as cemeteries, significant battlefields, and places of spiritual significance. Standout examples internationally include the ‘Weeping Wall’ in the Holy Land, Stonehenge in Britain, Maraeātea in the Pacific, and Intihuatana at Macchu Picchu in Peru. But unlike these sites, wāhi tapu are rarely a visible structure but rather a site or area within the landscape with values so significant that restrictions are warranted. In law, wāhi tapu are defined as a ‘place of special significance according to tikanga Māori’ and ‘a place sacred to Māori in the traditional, spiritual, religious, ritual, or mythological sense’. As the aphorism above emphasises, Māori historically were willing to die for land (and for women of course!), and wāhi tapu are the most sacred of places. Many battles have been fought over actual or proposed transgressions of their sacredness. In earlier years, blood was shed and men did die; today battles tend to occur in the Environment Court, but are just as passionate. Recent decades have seen conflicts where wāhi tapu were threatened by new highways, railroads, airports, prisons, residential and commercial developments, wind farms, power stations and waste dumps. In this chapter, I discuss a number of the battles that have been fought over the development or preservation of wāhi tapu from first European contact up until the present time. I highlight the growing legal recognition of tikanga Māori in relation to these sacred landscapes, and conclude with a proposed pragmatic solution for all New Zealanders when negotiating developments over wāhi tapu. Having a background in law and tribal affiliations, I discuss these tensions from both legal and kaupapa Māori perspectives.