Post by Kiwi Frontline on Jun 6, 2024 7:12:34 GMT 12
BATTLE OVER PLACE OF TIKANGA IS LOOMING - Hilary Calvert.
Parliament and the courts are heading for a confrontation around the place of the Treaty and the place of tikanga.
In New Zealand our law is based around a system involving two ways of creating the rules we live by.
We have legislation passed by Parliament. Beside these laws we have common law, which involves how the judges interpret the laws Parliament passes, and how they fill in the gaps not covered by Parliament.
Our democracy depends on elected representatives having the ultimate power to decide on the laws which we must all live by in New Zealand.
The Treaty is considered part of our constitutional framework. There is legislation giving life to where the Treaty fits called the Treaty of Waitangi Act, which provides for the Waitangi Tribunal to "make recommendations on claims relating to the practical application to the Treaty and to determine whether certain matters are inconsistent with the principles of the Treaty".
It makes recommendations: Parliament does not have to do what the Waitangi Tribunal says.
The Waitangi Tribunal has now taken a step further by finding that the government is in breach of its Treaty obligations in moving to repeal section 7AA of the Oranga Tamariki Act.
It said that there were clear breaches of the guarantee to Māori of self-determination. This means that the tribunal is now attempting to tell the government what laws it can and cannot pass.....
www.odt.co.nz/opinion/battle-over-place-tikanga-looming
Parliament and the courts are heading for a confrontation around the place of the Treaty and the place of tikanga.
In New Zealand our law is based around a system involving two ways of creating the rules we live by.
We have legislation passed by Parliament. Beside these laws we have common law, which involves how the judges interpret the laws Parliament passes, and how they fill in the gaps not covered by Parliament.
Our democracy depends on elected representatives having the ultimate power to decide on the laws which we must all live by in New Zealand.
The Treaty is considered part of our constitutional framework. There is legislation giving life to where the Treaty fits called the Treaty of Waitangi Act, which provides for the Waitangi Tribunal to "make recommendations on claims relating to the practical application to the Treaty and to determine whether certain matters are inconsistent with the principles of the Treaty".
It makes recommendations: Parliament does not have to do what the Waitangi Tribunal says.
The Waitangi Tribunal has now taken a step further by finding that the government is in breach of its Treaty obligations in moving to repeal section 7AA of the Oranga Tamariki Act.
It said that there were clear breaches of the guarantee to Māori of self-determination. This means that the tribunal is now attempting to tell the government what laws it can and cannot pass.....
www.odt.co.nz/opinion/battle-over-place-tikanga-looming