Ngāti Toa hits out against artist Dick Frizzell for use of Ka Mate lyrics on t-shirt design

The All Blacks perform 'Ka Mate' before many of their test matches. Photo / Photosport

Wellington iwi Ngāti Toa Rangatira has hit out against Kiwi artist Dick Frizzell, who printed the lyrics to the haka 'Ka Mate' on his new t-shirt line.

Frizzell posted images of the new design on Facebook, and came under fire as a result because any publication of the haka for commercial purposes must acknowledge the composer, Ngāti Toa chief Te Rauparaha, unless an agreement was reached with the iwi, as stated in the Haka Ka Mate Attribution Act.

Radio New Zealand reported Ngāti Toa did not give Frizzell permission to use the lyrics.

"Te Rūnanga o Toa Rangatira did not give permission for this, nor did it waive the right of attribution," Ngāti Toa said in a statement.

"This happens quite often, usually overseas, but it is happening more often in Aotearoa. In the lead-up to the Rugby World Cup, it is not surprising that people would try to capitalise on the haka 'Ka Mate'.

Dick Frizzell removed images. Photo / Facebook

"This is why it is important that Ngāti Toa has an MOU with the New Zealand Rugby Union. As the New Zealand government addresses the issues raised in the Waitangi Tribunals Wai 262 report, it is hoped that issues such as this become clearer."

The Haka Ka Mate Attribution Act 2014 was created as part of the iwi's $70 million Treaty settlement, the iwi having a right of attribution in relation to the commercial use of 'Ka Mate' in films, products, and publications. It does not apply to performances of the haka.

In a statement made to Radio New Zealand, the Ministry for Business, Innovation and Employment, which administers the Act, said in a statement it was in the process of reviewing it.

"Now that the five years have passed since the commencement of the Haka Ka Mate Attribution Act, we're reviewing it in accordance with section 12 of the Act.

"We intend to re-engage with Ngāti Toa Rangatira representatives over the coming months to understand their experience of the protection the Act affords them in relation to Ka Mate. We expect to then report to the Minister of Commerce and Consumer Affairs proposing a process for reviewing the Act."

Frizzell's initial images of the design were later removed from Facebook.