Muru
Muru, a concept in Māori culture, refers to acts of compensation for wrongdoing, either between hapū (sub-tribes), whānau (extended family groups), or among individuals. It is a form of restorative justice that works to restore harmony and balance within relationships and society, and involves the transfer of goods or resources in response to an offense or harm.
Muru is performed by a party as a public accusation and denouncement of a transgressor for acts of theft, infidelity, or a violation of tapu, which is something that is holy or sacred and comes with a ‘spiritual restriction’ or ‘implied prohibition’ (Metge, 2002). It can be done for intentional and unintentional acts, and even as a response for accidents (Metge, 2002). The completion of a muru process is considered a resolution and restoration of the natural balance in society. This means there is no need for any further compensation from the party that undertook the wrongdoing, as they accept the blame for the offence caused (Metge, 2002).
The severity of the offence and the intention of the party that caused the offense are taken into account in determining the nature of a muru. Further, if the offender was a person held in high social standing, a larger group of people got involved in the process (Watters, 2012).
The process, called whakawā, involves a formal dialogue of accusation and investigation, not very different from a modern-day court trial (Metge, 2002). It may also involve a song, called waiata, and the act of sharing meals. When the accusation and investigation acknowledge the responsibility of the offender, compensation is made through the forfeiture of assets, such as prized possessions, resources, and land, and through physical punishment if relevant. However, physical punishments are limited in terms of the kinds of injuries that can be inflicted (Metge, 2002). If the muru process does not restore balance, the process involves a taua, or a hostile party, which could involve be a peaceful takeover of assets (taua muru) or an act of violent revenge (taua ngaki mate or taua roto).
The intention, ultimately, is to avoid war (Mead, 2003). The foundation for muru is utu, a concept of recirocity or balance, where kind deeds and wrong deeds must be returned to restore balance. Utu is one of the key precepts of the constitutional tradition of the Maori, along with the whanaungatanga (the centrality of relationships) and mana and tapu or noa (the recognition of the spiritual dimension) (Jones, 2019). To this end, the use of violence is not about offence, but about restoring balance and harmony. The ultimate goal, however, is to preserve relationships – kinship and community are central.
Muru was recognized as a legal concept in the colonial courts of New Zealand during colonial rule, and was considered equivalent to common law damages. It was formally recognized as part of the 1844 Native Exemption Ordinance and the 1867 Resident Magistrates Act. It was removed in 1893 when the bicultural application of the law was abolished (Taonui, 2012).
References
Jones, C. (2019). "Māori and State visions of law and peace". Indigenous peoples and the state : international perspectives on the Treaty of Waitangi. London.
Mead, H. M. (2003). Tikanga Māori: living by Māori values. Wellington: Huia Publishers.
Metge, J. (2002). "Returning the Gift —Utu in Intergroup Relations". The Journal of the Polynesian Society. 111 (4): 311–338.
Taonui, R. (2012). "Te ture – Māori and legislation - Māori traditional law". https://teara.govt.nz/en/zoomify/36522/an-act-of-muru-waikato
Watters, S. (2012). “Māori values and practices.” Ministry for Culture and Heritage. https://nzhistory.govt.nz/culture/frontier-of-chaos/maori-values
