Muru is a concept in

Māori culture Māori culture () is the customs, cultural practices, and beliefs of the indigenous Māori people of New Zealand. It originated from, and is still part of, Polynesians, Eastern Polynesian culture. Māori culture forms a distinctive part of Cul ...

, describing acts of compensation for wrongdoing, either between

hapū In Māori and New Zealand English, a ' ("subtribe", or "clan") functions as "the basic political unit within Māori society". A Māori person can belong to or have links to many hapū. Historically, each hapū had its own chief and normally opera ...

(sub-tribes),

whānau Whānau () is Māori for extended family. It is also used in everyday New Zealand English, as well as in official publications. In Māori society, the whānau is also a political unit, below the levels of hapū (subtribe) and iwi (tribe or natio ...

(extended families) or individuals. A form of

utu Utu (dUD "Sun"), also known under the Akkadian name Shamash, ''šmš'', syc, ܫܡܫܐ ''šemša'', he, שֶׁמֶשׁ ''šemeš'', ar, شمس ''šams'', Ashurian Aramaic: 𐣴𐣬𐣴 ''š'meš(ā)'' was the ancient Mesopotamian sun god. ...

, muru is a process of restorative justice to restore balance in relationships and society. Often muru involves the transfer of goods or resources in response to an offense. In the early colonial era of New Zealand, muru was recognised as a legal concept in colonial New Zealand courts, as an equivalent to

common law In law, common law (also known as judicial precedent, judge-made law, or case law) is the body of law created by judges and similar quasi-judicial tribunals by virtue of being stated in written opinions."The common law is not a brooding omnipresen ...

damages At common law, damages are a remedy in the form of a monetary award to be paid to a claimant as compensation for loss or injury. To warrant the award, the claimant must show that a breach of duty has caused foreseeable loss. To be recognised at ...

Concept

Muru is an act performed by a party, which is a public accusation and denouncement of a transgressor, which could be for acts such as theft, infidelity, or a violation of tapu. Muru could occur for both intentional and unintentional acts, and was often used as a response to accidents. While muru is a form of

, it differs from utu as when the muru process has been completed, this signifies a resolution and a return to the natural balance of society. No further compensation is needed from the party who undertook the wrongdoing, and this party accepts the blame for the offences they caused. The main concern of muru was to punish and denounce a group or individual, and the rehabilitation of both parties. Traditionally, muru typically occurred between related

(sub-tribes) and

(extended families) groups, and the accused party was usually a collective; even if the act was undertaken by an individual, the person's whānau or hapū would be affecte by their actions.

Mana According to Melanesian and Polynesian mythology, ''mana'' is a supernatural force that permeates the universe. Anyone or anything can have ''mana''. They believed it to be a cultivation or possession of energy and power, rather than being a ...

influenced the muru process. If either the aggravator or aggrieved party had great mana or a high social standing, a larger

taua A taua is a war party in the tradition of the Maori, the indigenous people of New Zealand. Contemporary knowledge of taua is gleaned from missionary observations and writings during the Musket Wars of the early 19th century and the later New Zeal ...

(party of people) would be sent to undertake the process. This meant that to many, being accused of an offence through muru with a large taua was a great honour, as it acknowledged the mana and high standing of the accused party. Other factors which would influence the nature of muru (i.e. what sort of compensation was necessary) included the severity of the offense, and the intent of the transgressing party. Muru traditionally had a set process known as whakawā, which involved a formal dialogue of accusation and investigation similar to a modern court trial. The whakawā process could also include waiata (song) and shared meals. Compensation was typically made through the forfeit of assets, such as

taonga ''Taonga'' or ''taoka'' (in South Island Māori) is a Maori-language word that refers to a treasured possession in Māori culture. It lacks a direct translation into English, making its use in the Treaty of Waitangi significant. The current d ...

(prized possessions) and resources, but could include land rights and physical punishments. If land rights were a part of the compensation process, the land is referred to as whenua muru. Physical punishments were often stylised, with a limited scope for what kinds of weapons and injuries were allowed. If balance was not restored through the muru process, a

(hostile party) was sometimes necessary. A ''taua muru'' was an expedition where assets were taken without violence, while a ''taua ngaki mate'' or ''taua roto'' were parties that sought violent revenge to restore balance. Ultimately, the muru process was intended as a way to avoid warfare. Early

Pākehā Pākehā (or Pakeha; ; ) is a Māori term for New Zealanders primarily of European descent. Pākehā is not a legal concept and has no definition under New Zealand law. The term can apply to fair-skinned persons, or to any non-Māori New Ze ...

writers during the colonial era of New Zealand typically described muru negatively, often as a form of plunder.

Muru in legislation

The custom of muru was first recognised by the colonial New Zealand government in the 1844 Native Exemption Ordinance. Due to this, legal cases involving Māori could involve asset forteiture or monetary compensation, in lieu of other forms of punishment. Muru was originally only applied in cases involving theft, however after an amendment to the Fines for Assault Ordinance 1845 this was extended to include assault cases as well. The custom was reaffirmed in the Resident Magistrates Act 1867, but removed in 1893, when bicultural applications of the law were abolished.

References

{{DEFAULTSORT:muru maori concept Asset forfeiture Compensation for victims of crime Criminal procedure Judicial remedies Māori culture Māori society Māori words and phrases Punishments Restorative justice