Scoop has an Ethical Paywall
License needed for work use Register

Gordon Campbell | Parliament TV | Parliament Today | News Video | Crime | Employers | Housing | Immigration | Legal | Local Govt. | Maori | Welfare | Unions | Youth | Search

 

New Study Provides Invaluable Guidance On Tikanga And The Law

A new study published by Te Aka Matua o te Ture | the Law Commission will provide invaluable guidance to law makers and others interested in the engagement between tikanga and the law.

The Study Paper He Poutama (NZLC SP24) was originally requested by the Minister of Justice in 2021 and was led by Hon Justice Christian Whata.

It is a rigorously researched resource providing information, principles and practical tools for those interested in the current and future interaction of tikanga Māori and state law.

The Law Commission expects a wide range of views on the study, including favourable and less favourable ones, as the topic continually evolves, President Amokura Kawharu says.

“While tikanga is increasingly being woven into statute and the common law, there’s still misunderstanding about the concept, which has implications for the integrity of both tikanga and the law.

“While much work is still to be done, we are hopeful the paper will provide a sound basis for future interaction between tikanga and state law.”

Hon Justice Christian Whata says the study clearly shows the extent to which tikanga is influencing state law.

“Throughout the project, we have been focused on the deep significance of tikanga to Māori and the importance for both tikanga and state law of improving general understanding of tikanga while proceeding with care. We asked pūkenga (experts) to guide us and have aimed to give an account of tikanga for those engaging with it in a legal context that is both authentic and connected with the law.”

Advertisement - scroll to continue reading

Are you getting our free newsletter?

Subscribe to Scoop’s 'The Catch Up' our free weekly newsletter sent to your inbox every Monday with stories from across our network.

He Poutama gives those working in the courts and the public sector a principled framework to guide their interactions with tikanga as they develop the common law and write legislation, Justice Whata says.

He Poutama is based on input from experts at the interface of tikanga and legal practice, officials and constitutional and other legal experts, and has been assisted by judicial feedback.

Additional to the Study Paper, three externally commissioned independently authored expert papers are provided as Appendices:

  • In Appendix One, Te Whare Wānanga o Awanuiārangi pūkenga Professors Wiremu Doherty, Tā Hirini Moko Mead and Tā Pou Temara describe tikanga.
  • In Appendix Two, Natalie Coates and Horiana Irwin-Easthope of the law firms Kāhui Legal and Whāia Legal collate expert tikanga explanations from a review of more than 800 briefs of evidence from court and Waitangi Tribunal proceedings.
  • In Appendix Three, Associate Professor Nicole Roughan of the University of Auckland Faculty of Law theorises a way of considering the interaction of simultaneously independent and interdependent legal orders.

Background:

Te Aka Matua o te Ture | Law Commission is an Independent Crown Entity operating under its own statute, the Law Commission Act 1985. It reports to the Minister responsible for the Law Commission. The Commission's statutory purpose is to "promote the systematic review, reform and development of the law of New Zealand". The Law Commission receives its work programme for reform and development work as references from the responsible Minister under section 7 of the Law Commission Act. Visit lawcom.govt.nz for more information.

© Scoop Media

Advertisement - scroll to continue reading
 
 
 
Parliament Headlines | Politics Headlines | Regional Headlines

Gordon Campbell: On How Climate Change Threatens Cricket‘s Future

Well that didn’t last long, did it? Mere days after taking on what he called the “awesome responsibility” of being Prime Minister, Christopher Luxon has started blaming everyone else and complaining that he's inherited “economic vandalism on an unprecedented scale” - which is how most of us would describe his own coalition agreements, 100-Day Plan, and backdated $3 billion handout to landlords... More


 
 
Public Housing Futures: Christmas Comes Early For Landlords

New CTU analysis of the National & ACT coalition agreement has shown the cost of returning interest deductibility to landlords is an extra $900M on top of National’s original proposal. This is because it is going to be implemented earlier and faster, including retrospective rebates from April 2023. More


Green Party: Petition To Save Oil & Gas Ban

“The new Government’s plan to expand oil and gas exploration is as dangerous as it is unscientific. Whatever you think about the new government, there is simply no mandate to trash the climate. We need to come together to stop them,” says James Shaw. More

PSA: MFAT Must Reverse Decision To Remove Te Reo

MFAT's decision to remove te reo from correspondence before new Ministers are sworn in risks undermining the important progress the public sector has made in honouring te Tiriti. "We are very disappointed in what is a backward decision - it simply seems to be a Ministry bowing to the racist rhetoric we heard on the election campaign trail," says Marcia Puru. More

 
 
 
 
 
 

LATEST HEADLINES

  • PARLIAMENT
  • POLITICS
  • REGIONAL
 
 

InfoPages News Channels


 
 
 
 

Join Our Free Newsletter

Subscribe to Scoop’s 'The Catch Up' our free weekly newsletter sent to your inbox every Monday with stories from across our network.