Goldie Painting Sale Sparks Māori Cultural Rights Debate

Tūhourangi Tribal Authority in New Zealand confirmed the identity of the subject of a recently surfaced painting attributed to CF Goldie as Patara Te Ngūngūkai, a respected tohunga, prompting questions about the cultural rights of his descendants. The painting, titled ‘Lost in Thought, Ngāheke, An Arawa Chieftain’, was briefly offered for sale before being withdrawn amid doubts about its authenticity. While technical examinations occurred, experts debated whether the work was an original Goldie or an imitation.

The debate extends beyond authenticity to the legal framework surrounding depictions of Māori ancestors. Current New Zealand law grants no intellectual property rights to individuals portrayed in art, with those rights expiring 50 years after the artist’s death.

This allows for widespread reproduction of images, even on commercial products like phone cases. Tūhourangi expressed a desire to control the narrative surrounding Te Ngūngūkai and his image, but faces limitations due to existing legislation.

Advocates are pushing for reforms through initiatives like the Taonga Works Framework, which would establish a commission to oversee the protection of culturally significant works and ensure consultation with relevant iwi. While the government is amending the Copyright Act, these changes won’t address the rights of ancestors depicted in historical artworks.