Post by Kiwi Frontline on Jul 18, 2024 8:49:34 GMT 12
DISMANTLING THE CONSTITUTION - Anthony Willy.
Most of the foregoing passes under the radar of those who make up the general public.
They have more pressing concerns getting through the daily grind, but these trends are capable of irretrievable harm and cannot be allowed to continue to infect our democratic institutions.
Fortunately, the whole Tikanga thing can be simply rectified by the addition of one line in the various statutes which govern practice in the courts. That line would simply read. “Maori customary practices or Tikanga are not part of the common law of New Zealand.”
Such an amendment is crucial not only in the criminal law but to the continued orderly functioning of the market economy. It is the certainty needed in civil litigation much of which is concerned with commercial relationships between the litigants.
To allow some half remembered native custom to intrude into legal relationships, none of which existed at the time the custom allegedly came into existence has the potential to derail the ingredient of certainty crucial to the common law in its civil jurisdiction.
As to the antics of the Waitangi Tribunal. If it is allowed to continue its work which is a moot point a simple amendment is needed to the Constitution Act providing that no Minister or other person having charge of proposed legislation may be summoned to give evidence before any Commission of enquiry set up under the Commissions of Enquiry Act.
In the case of the Council of Legal Education fiasco which Gary Judd KC has exposed, hopefully the relevant regulation will be found to be invalid. If not, it can simply be revoked......
www.nzcpr.com/dismantling-the-constitution/
Most of the foregoing passes under the radar of those who make up the general public.
They have more pressing concerns getting through the daily grind, but these trends are capable of irretrievable harm and cannot be allowed to continue to infect our democratic institutions.
Fortunately, the whole Tikanga thing can be simply rectified by the addition of one line in the various statutes which govern practice in the courts. That line would simply read. “Maori customary practices or Tikanga are not part of the common law of New Zealand.”
Such an amendment is crucial not only in the criminal law but to the continued orderly functioning of the market economy. It is the certainty needed in civil litigation much of which is concerned with commercial relationships between the litigants.
To allow some half remembered native custom to intrude into legal relationships, none of which existed at the time the custom allegedly came into existence has the potential to derail the ingredient of certainty crucial to the common law in its civil jurisdiction.
As to the antics of the Waitangi Tribunal. If it is allowed to continue its work which is a moot point a simple amendment is needed to the Constitution Act providing that no Minister or other person having charge of proposed legislation may be summoned to give evidence before any Commission of enquiry set up under the Commissions of Enquiry Act.
In the case of the Council of Legal Education fiasco which Gary Judd KC has exposed, hopefully the relevant regulation will be found to be invalid. If not, it can simply be revoked......
www.nzcpr.com/dismantling-the-constitution/