Post by Kiwi Frontline on Nov 17, 2019 3:40:20 GMT 12
PETER ELLIS APPEAL DERAILED BY LEGAL CURVEBALL ON POSSIBLE TIKANGA MĀORI APPROACH
Courts in commonwealth countries have traditionally considered that someone's interest in an appeal ends when they die, as it will not affect them either way.
But Justices Joe Williams and Susan Glazebrook threw a curveball into the arguments from both sides when they suggested that New Zealand didn't need to follow decisions set in any other country, and could establish an entirely new rule based on tikanga Māori.
"There's nothing to say that the appellant's case dies when they do … This is a very western idea that on demise you have nothing to protect," Williams said.
"If we are serious about tikanga, should New Zealand divert from that very anglo approach?"
"In a tikanga context … an ancestor has even more reputation to protect. There's more tapu, more mana to protect.".....
www.stuff.co.nz/national/117435500/peter-ellis-appeal-derailed-by-legal-curveball-on-possible-tikanga-mori-approach
Courts in commonwealth countries have traditionally considered that someone's interest in an appeal ends when they die, as it will not affect them either way.
But Justices Joe Williams and Susan Glazebrook threw a curveball into the arguments from both sides when they suggested that New Zealand didn't need to follow decisions set in any other country, and could establish an entirely new rule based on tikanga Māori.
"There's nothing to say that the appellant's case dies when they do … This is a very western idea that on demise you have nothing to protect," Williams said.
"If we are serious about tikanga, should New Zealand divert from that very anglo approach?"
"In a tikanga context … an ancestor has even more reputation to protect. There's more tapu, more mana to protect.".....
www.stuff.co.nz/national/117435500/peter-ellis-appeal-derailed-by-legal-curveball-on-possible-tikanga-mori-approach