Post by Kiwi Frontline on Jun 7, 2021 5:17:40 GMT 12
TIKANGA IN LAW: WHAT DOES IT MEAN? - John Robinson
A friend has brought to my attention a recent article, written from a radical Maori perspective, on the legal force of tikanga and the court case on which it is based. Since I have written a book on tikanga, he suggested that I prepare a response.
The court case on which it is based is to do with a claim for ownership of part of the Bay of Plenty coast, see here, and the title of my book is Dividing the nation: the return to tikanga. [ii]
This is just one of many recent examples of the increasing division of New Zealand society, governance, law, and much more based on tikanga and matauranga Maori (Maori culture, Maori concepts, knowledge, values and perspectives), where features of pre-contact Maori society have been written into law.
The extension of racial differentiation is proceeding at a rapid pace, in law as in local government, education and health, and I have added a significant chapter on ‘Ad hoc law’[iii] to the second edition of Dividing the nation: the return to tikanga (2021). That chapter included reference to the application of tikanga to the Peter Ellis case, with the recognition of mana after death.
The judgement considered is that of Justice Churchman concerning an application for an order recognising customary marine title and protected customary rights for a part of the Bay of Plenty coast. Both legal decisions were influenced considerably by the opinions of Justice Joe Williams, the Supreme Court’s first Maori judge. Williams “described tikanga Maori as Aotearoa’s first law” in a 2013 speech, titled ‘Lex Aotearoa’, which is quoted by Churchman.
What is this tikanga?.......
www.hobsonspledge.nz/tikanga_in_law_what_does_it_mean?utm_campaign=update_159&utm_medium=email&utm_source=hobsonspledge
A friend has brought to my attention a recent article, written from a radical Maori perspective, on the legal force of tikanga and the court case on which it is based. Since I have written a book on tikanga, he suggested that I prepare a response.
The court case on which it is based is to do with a claim for ownership of part of the Bay of Plenty coast, see here, and the title of my book is Dividing the nation: the return to tikanga. [ii]
This is just one of many recent examples of the increasing division of New Zealand society, governance, law, and much more based on tikanga and matauranga Maori (Maori culture, Maori concepts, knowledge, values and perspectives), where features of pre-contact Maori society have been written into law.
The extension of racial differentiation is proceeding at a rapid pace, in law as in local government, education and health, and I have added a significant chapter on ‘Ad hoc law’[iii] to the second edition of Dividing the nation: the return to tikanga (2021). That chapter included reference to the application of tikanga to the Peter Ellis case, with the recognition of mana after death.
The judgement considered is that of Justice Churchman concerning an application for an order recognising customary marine title and protected customary rights for a part of the Bay of Plenty coast. Both legal decisions were influenced considerably by the opinions of Justice Joe Williams, the Supreme Court’s first Maori judge. Williams “described tikanga Maori as Aotearoa’s first law” in a 2013 speech, titled ‘Lex Aotearoa’, which is quoted by Churchman.
What is this tikanga?.......
www.hobsonspledge.nz/tikanga_in_law_what_does_it_mean?utm_campaign=update_159&utm_medium=email&utm_source=hobsonspledge