Te Kete o Karaitiana Taiuru (Blog)

This is the Fifth in a series of articles I am writing about Māori ethics with AI, Data sovereignty and Robotics. Article 4: Treaty Clause Required for NZ Government AI Systems and Algorithms;  Article 3: Māori Ethical considerations with Artificial Intelligence Systems; Article 2:  Māori ethics associated with AI systems architecture and Article 1: Māori cultural considerations with Artificial Intelligence and Robotics. The next planned articles are”Indigenising the Internet” and “Tikanga and Facial Recognition”.

This is my submission for The Minister of Statistics who launched a draft Algorithm charter that commits government agencies to improving transparency and accountability in their use of algorithms over the next five years. Further details here.

Kaupapa Māori Feedback on the Draft Algorithm Charter.

1. The term “te Ao Māori” is used without substance nor understanding its meaning. Nothing at all in the draft charter refers to “Te Ao Māori” except once in word only.
2. The draft charter is not available in te reo Māori. Such an important founding document should be bilingual and should recognise te reo Māori as a Taonga.
3. New Zealand as a signatory to the United Nations Declaration of Indigenous Rights 2007. Despite this, the UNDIR has not been considered or mentioned.
4. Māori Data Sovereignty is not mentioned.
5. Te Tiriti is not mentioned.
6. It appears as though the document was drafted without any Treaty considerations and without understanding what Te Ao Māori is. This is further reflected in the lack of a Te Ao Māori practitioner and Iwi representative on the Data Ethics Advisory Group.
7. The three Treaty principles commonly recognised by government and first outlined in the Royal Commission on Social Policy (1988) Partnership, Participation and Protection are not used in the draft charter.

Kaupapa Māori Feedback on the Algorithm Assessment Report.

1. The term “te Ao Māori” is used without substance nor understanding its meaning. Nothing at all in the document refers to “Te Ao Māori” except in word only.
2. ‘Assurances and Safeguards’ chapter does not have a sub section for Te Ao Māori or Tiriti obligations. It appears the government’s own guidance in Te Arawhiti – Treaty of Waitangi Guidance has been ignored. References to the treaty appear to be tokenistic. I am concerned that the principles of the Treaty including partnership, co design and co governance are not reflective in the draft charter, assessment report nor in the Data Etics Group.
3. There is no Te Ao Māori or Tiriti recognition in the six principles for the safe and effective use of data and analytics by government agencies. This further reinforces that the terms Treaty of Waitangi and Te Ao Māori are being used only in a tokenistic way.
4. The following statement or similar was used 4 times without any substance “The government commitment to Treaty-based partnership should also be reflected, embedding a te ao Māori perspective”. There is no indication of how this could be achieved or what it means. The statement lacked any substance and or assistance to the reader.
5. The term “Te Tiriti” is not used.
6. It appears as though the document was drafted with out any Treaty considerations and without understanding what Te Ao Maori is. This is further reflected in the lack of a Te Ao Maori practitioner and Iwi representative on the Data Ethics Advisory Group.
7. The three Treaty principles commonly recognised by government and first outlined in the Royal Commission on Social Policy (1988) Partnership, Participation and Protection are not apparent in the draft charter.
   Māori Data Sovereignty is not mentioned.
8. New Zealand as a signatory to the United Nations Declaration of Indigenous Rights 2007. Despite this, the UNDIR has not been considered or mentioned.
9. There was no Case Study showing benefits for Maori. When Maori were mentioned, it was only in a negative reference.
10. Māori Data Sovereignty is not mentioned.

Your specific questions.

1. Does the proposed text provide you with increased confidence in how the government uses algorithms?
   No. My fear is that Maori, whanau, hapū and Iwi be discriminated against due to a lack of consultation and consideration. It is vital that the Charter and all work going forward truly considers a Tiriti framework and a Te Ao Maori perspective.
2. Should the Charter apply only to operational algorithms?
   No. The charter should be uses with all algorithms to ensure fairness, te ao Maori and treaty compatibility. Each algorithm type still impacts on each other and on communities such as Maori.
3. Have we got the right balance to enable innovation, while retaining transparency?
   No comment.
4. Have we captured your specific concerns and expectations, and those of your whanau, community or organisation?
   No. I believe that my concerns that I have raised in the first section of my submission answer this question.