Practice Notes

These notes are for the guidance of archaeologists and do not form part of the NZAA code of ethics. These notes are not private to NZAA members and may be used  discussion with clients and others.

3.0    Hauraki Gulf Maritime Park Act 2000 - effect of national policy status of historic heritage protection provisions in catchments

2.0    Memorandums of Understanding on ownership of survey information

1.0    Memorandums of Understanding on ownership of found Items

1.0 Memoranda of Understandings On Ownership of Found Items

It has been reported to NZAA that some Iwi have been asking archaeologists to sign memoranda in which they agree to pass all objects found during surveys in their Iwi area to the custody of the Iwi.

We recommend that  archaeologists do not sign such memoranda.

The Protected Objects Act 2006 lays down that all found objects are in the absence of any other owner the property of the Crown and lays down a procedure for registering them and determining where they are deposited. Agreements which attempt to circumvent the law are ultra vires - not lawful.

Members presented with any like memoranda should deal with the matter sensitively, but there is no basis on which to act outside the present Law.

There are a number of things an archaeologist can agree to in relation to found items, if they are of particular sensitivity to Iwi.

• That items found in the course of a survey will be left in place, or covered over in place, or,
• That the archaeologist will not seek custody of found items, and / or,
• That where you find artefacts, as well as carrying out the statutory obligations, you will advise the Iwi of the find so they may prepare a claim for traditional ownership under the Act, or seek custody, and / or,
• That where the Iwi has resources to care for the items the archaeologist will support the objects being deposited with the Iwi (but remember this is not a decision of the archaeologist).

You have a responsibility to objects you find. If they are removed, it is vital that  their ongoing care is in an accountable institution, resourced to register, conserve and store them. 

Remember koiwi are not covered by the Protected Objects Act, nor are some other items that may be found in surveys. This note refers to items covered by the Protected Objects Act only. Burials found are subject to legislation other than the Protected Objects Act.

May 2000, June 2003, August 2005, August 2006 

It has been reported to NZAA that some Iwi have been asking archaeologists to sign memoranda relating to surveys, in which they agree to keep all information on archaeological sites found in their Iwi area as private information to that Iwi. 

We recommend that  archaeologists do not sign memoranda expressed in this way.

The Codes of Ethics referred to above are relevant to this matter.

On occasions there may well be disputes about who has mana whenua in a particular situation and a party may seek to use knowledge of archaeological sites as evidence of their standing. Archaeologists should be wary of becoming parties in such disputes, which may have little to do with our objective of preservation of historic resources.

The objective of protection of the archaeological cultural heritage of New Zealand is rarely served by secrecy. Protection, is in the Association's view, best served by having all of New Zealand society seeing value in heritage sites and seeking protection through broad community support. Public access to archaeological information is the principle we strongly support.

Information that one archaeologist can collect in the field can often readily be re-collected by another. No archaeologist can give an assurance that information from a subsequent survey will remain private. You are potentially placing yourself in a position where suspicion may fall on you if this happens.

However there can be other intellectual property associated with archaeological sites which is additional to the archaeological information and not within the scope of a archaeological field surveying. This may take the form of site names, or traditional accounts of events or ancestors associated with a site, references in songs or evidence of the spiritual association of present day people with a site. This is the intellectual and cultural property of the people who hold it. An archaeologist may collect such information from other than published sources in the course of research. It is entirely legitimate for the providers to retain their ownership of such information and any use by the researcher should only be with the providers' permission.

Where an Iwi has commissioned an archaeological survey it is legitimate if they wish that they have first sight of the results, prior to any entry onto a public register.

Where Iwi have commissioned a heritage evaluation of the sites found in a survey as well as the survey, it is entirely proper that the evaluative material should be private to them if they choose.

When site surveys have been commissioned by others it can be argued Iwi have a prior right to see the information which is to be placed in a public register. Some clients will be sensitive about this happening. It is intrusive on mana for outsiders to know more about local historical matters than the local people so how the information is transmitted needs to be considered. Insensitive use of archaeological survey information, or placing barriers in the way of transmission of the survey information will not in the long run serve the purposes of non-Iwi clients. Archaeologists should advise such clients on these sensitivities.

As the researcher you have rights as to the research and publication use of the archaeological information you have collected. Do not compromise those unthinkingly. It is better to get a positive affirmation of these in your contract than to have to argue about them later. Establish the expectation that you will publish.

May 2000

Then go here for a tutorial page which works through setting up the program data input, the calibration options, getting plots and summation plots.

(The bit about the Calib program opening when the tutorial page opens only works if you save the tutorial page into the same folder as you install Calib, call the folder /calib/ and run the tutorial program from your own hard drive. Otherwise you will have to open it separately.)