Post by Kiwi Frontline on May 16, 2021 10:24:23 GMT 12
NOTES ON THE JUDGEMENT OF CHURCHMAN J. IN THE CASE OF RE EDWARDS (Foreshore and Seabed).
It doesn’t end there. As is clear from Re Edwards which involves litigation between Maori and non-Maori interests, the notion of “Tikanga” and ability to plead it is presumably available to anybody claiming some Maori antecedence, in any litigation.
THE IMPLICATIONS OF THIS ONCE THEY SINK IN ARE SO DESTABILISING THAT IT IS DIFFICULT TO SEE HOW THE COMMON LAW CAN SURVIVE.
What will replace it is anybody’s guess presumable something based on ill- defined ancient spiritual and cultural values as claimed by less than fifteen percent of the population of New Zealand.
One can well envisage that future commercial contracts will contain clauses, as is the case of much overseas commercial litigation ensuring that any disputes will be governed by the Common Law of England which remains free of these fanciful notions: this coupled with a dramatic rise in recourse to arbitration.
And what of non- commercial matters such as trusts or property relationship agreements. Will it be sufficient for a disaffected beneficiary or a party claiming a smidgen of Maori blood to subvert the clear intention of the parties by pleading that the outcome is not in accord with Maori customary values and practices?........
Read Anthony Willy’s full NZCPR guest commentary here > www.nzcpr.com/notes-on-the-judgment-of-churchman-j-in-the-case-of-re-edwards/#more-34884
It doesn’t end there. As is clear from Re Edwards which involves litigation between Maori and non-Maori interests, the notion of “Tikanga” and ability to plead it is presumably available to anybody claiming some Maori antecedence, in any litigation.
THE IMPLICATIONS OF THIS ONCE THEY SINK IN ARE SO DESTABILISING THAT IT IS DIFFICULT TO SEE HOW THE COMMON LAW CAN SURVIVE.
What will replace it is anybody’s guess presumable something based on ill- defined ancient spiritual and cultural values as claimed by less than fifteen percent of the population of New Zealand.
One can well envisage that future commercial contracts will contain clauses, as is the case of much overseas commercial litigation ensuring that any disputes will be governed by the Common Law of England which remains free of these fanciful notions: this coupled with a dramatic rise in recourse to arbitration.
And what of non- commercial matters such as trusts or property relationship agreements. Will it be sufficient for a disaffected beneficiary or a party claiming a smidgen of Maori blood to subvert the clear intention of the parties by pleading that the outcome is not in accord with Maori customary values and practices?........
Read Anthony Willy’s full NZCPR guest commentary here > www.nzcpr.com/notes-on-the-judgment-of-churchman-j-in-the-case-of-re-edwards/#more-34884