Post by Kiwi Frontline on Jul 26, 2023 12:50:42 GMT 12
Gary Judd KC: TIKANGA IS NOT LAW
This essay explains that the “tikanga” the judgment endorses cannot be the “first” law because it is not “law” at all.
Judges ought to apply “law” as the term is used in the judicial oath: “to well and truly serve His Majesty… according to law…; and I will do right to all manner of people after the laws and usages of New Zealand, without fear or favour, affection or ill will….”[3]
The “tikanga” the judgment endorses as “first law” is a set of beliefs, principles of a spiritual nature, a way of life (“the right Māori way of doing things”[4]). When beliefs result in people consistently behaving in a certain way, the behaviour may become customary. Then, in certain carefully confined circumstances, customs may attain the status of law.
If “tikanga” were confined in its meaning to customs which had attained the status of law, there would be no problem. Introducing a regime which would impose beliefs, principles of a spiritual nature, a way of life of some of our people, on the nation as a whole is a completely different proposition. Beliefs and principles of a spiritual nature are not law. The way of life of some is not part of the law of the land.....
breakingviewsnz.blogspot.com/2023/07/gary-judd-kc-tikanga-is-not-law.html
This essay explains that the “tikanga” the judgment endorses cannot be the “first” law because it is not “law” at all.
Judges ought to apply “law” as the term is used in the judicial oath: “to well and truly serve His Majesty… according to law…; and I will do right to all manner of people after the laws and usages of New Zealand, without fear or favour, affection or ill will….”[3]
The “tikanga” the judgment endorses as “first law” is a set of beliefs, principles of a spiritual nature, a way of life (“the right Māori way of doing things”[4]). When beliefs result in people consistently behaving in a certain way, the behaviour may become customary. Then, in certain carefully confined circumstances, customs may attain the status of law.
If “tikanga” were confined in its meaning to customs which had attained the status of law, there would be no problem. Introducing a regime which would impose beliefs, principles of a spiritual nature, a way of life of some of our people, on the nation as a whole is a completely different proposition. Beliefs and principles of a spiritual nature are not law. The way of life of some is not part of the law of the land.....
breakingviewsnz.blogspot.com/2023/07/gary-judd-kc-tikanga-is-not-law.html