There's hope a historic agreement between New Zealand and the United Kingdom to protect the famous haka Ka Mate will stop foreign companies from exploiting a Ngāti Toa treasure.
The commitment, included in a free trade deal signed earlier this year, is being described as groundbreaking for Māori intellectual property rights, but there's still uncertainty about how far Britain will be willing to go to honour it.
"The haka is continually misused because people don't have an understanding of the context of the kaitito (composer), they don't understand the deepness of the haka, especially to Ngāti Toa," said Ngāti Toa leader Kahu Ropata.
"The legacy of the haka is about punching above weight and as a small tribe, one of the smaller tribes in the motu, I suppose that is essentially our legacy."
It was the Ngāti Toa rangatira, Te Rauparaha, who first uttered the words of
But its modern-day use by the All Blacks has made it a global sensation, making it vulnerable to misappropriation.
The UK is no exception. In 2015 former England rugby player Matt Dawson caused controversy for promoting the hakarena, a mock version of the haka, in the lead-up to the World Cup. Rieko Ioane, centre, has been accused of over-reacting to the Wallabies’ reaction to the All Blacks’ haka last week. (Source: Photosport)
But there's hope its misuse there could be about to end following an historic agreement by the UK to not only protect the haka but recognise its significance to Ngāti Toa.
Chris Karamea Insley is the chair of Te Taumata, an expert Māori advisory group on trade.
He said recognising indigenous rights in the UK free trade deal was hugely significant.
"When trade negotiations began there was a view held by both sides, New Zealand and the United Kingdom, that we would never get any recognition of these intellectual property interests, we would never get a dedicated indigenous chapter confirmed, and look at where we landed. We surpassed everybody's expectations."
"I think this is but the first of many yet to come. It's significant in that respect."
While there's no detail yet on what this protection will look like, Intellectual Property Lawyer Lynell Huria said the commitment presented several opportunities.
"One is the potential for similar recognition of the legislative framework that we have in New Zealand, protecting the haka K
The Act means Ngāti Toa must get credit when the haka is used for commercial purposes, but it has many limitations.
The iwi cannot stop a company from using the haka or claiming royalties. The Act is currently under review.
"I think the biggest potential is the opportunity that it presents for recognition of our tikanga in this space, and the potential for there to be other laws, legal frameworks, let me put it that way, to give affect to the rights of Ngāti Toa Rangatira in relation to their haka," said Huria.
Trade Minister Damien O'Connor doubted the UK would be willing to adopt the Act.
"I'm guessing it won't be policemen running around and apprehending people, but it will be that organisations show respect to our indigenous intellectual property and particularity to the haka," he said.
"I think every other country around the world has a different approach to indigenous rights and responsibilities. We're lucky to have te tiriti, it gives a framework for us to move forward. That's not the case in other countries, places like the UK have a different history to us, and they needed to understand why it was important to us."
Ngāti Toa has been assured it will play a key role in upcoming talks with the UK.
Its leaders hope the commitment won't just be a token gesture.
"Protection is about the education of that haka while it's overseas, the cultural aspects of the haka, the commercial and legislative impacts that that haka could potentially provide," said Kahu Ropata.