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Post by Kiwi Frontline on Sept 22, 2023 5:03:48 GMT 12
TIKANGA AND THE COURTS - LAW COMMISSION PROPOSES CHANGES IN DEALING WITH MAORI ISSUESThe Law Commission is proposing an expanded role for the Maori Land Court to become a specialist court dealing with broader matters involving Maori customs, values and practices, tikanga. It is one of the suggestions in a report, He Poutama, commissioned by the Minister of Justice in 2021, on how tikanga relates to what it calls state law – laws passed by Parliament and the common law which is principally judge-made law. Other suggestions include: - The High Court appointing a lay tikanga expert (pukenga) to sit alongside the judges when determining issues involving tikanga. - Requiring generalist courts to consider seeking an opinion from the Maori Appellate Court (the appeal court of the Maori Land Court) when an issue of tikanga at law arose. - Creating specialist tikanga panels of judges within the High Court to hear tikanga-related disputes, as happened with commercial panels. It also proposed setting up a group of tikanga experts who could work with government agencies when developing new policy and adding a requirement for Cabinet papers to have an assessment of any impact they might have on tikanga..... www.msn.com/en-nz/news/other/tikanga-and-the-courts-law-commission-proposes-changes-in-dealing-with-maori-issues/ar-AA1h1Gin
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