Changing the law for Aotearoa New Zealand

Published date : Wed, 18 October 2023 05:05 pm

Te Whare Wānanga o Awanuiārangi has played an instrumental role in ensuring that Māori tikanga is firmly embedded throughout the Aotearoa legal system.

Chief Executive Professor Wiremu Doherty and distinguished professors Sir Hirini Moko Mead and Sir Pou Temara have all contributed to He Poutama, a detailed Study Paper that examines tikanga Māori and its place in Aotearoa New Zealand’s legal landscape published by Te Aka Matua o te Ture | the Law Commission.

According to the Commission, the Study Paper explains key aspects of tikanga Māori, including an account of what it is and where it comes from, grounded in mātauranga Māori. The Commission emphasises that the paper underscores the relevance of tikanga Māori as a system of law, drawing on, among other sources, expressions of tikanga in the courts and Waitangi Tribunal. The paper also examines the interface between tikanga Māori and institutional law, including the common law and legislation, with a view to providing a principled framework for engagement. Commissioned by the Minister of Justice in 2021 and led by Hon Justice Christian Whata, the 300-page report looks at how tikanga relates to common law and state law, and how they all work together.

Professor Doherty facilitated a series of workshops with experts from around the country to help establish how tikanga applies across the entire body of New Zealand law. He explained: “Our role was to explain what tikanga is, its important role as the first law of the country and its relevance to the legal system today. This report is transformational and will help constructively influence the current legal system.”

The Hon Justice Christian Whata says the study clearly shows the extent to which tikanga is influencing law. “Throughout the project, we have been focused on the deep significance of tikanga to Māori and the importance for both tikanga and law of improving general understanding of tikanga while proceeding with care. We asked pūkenga (experts) to guide us and have aimed to give an account of tikanga for those engaging with it in a legal context that is both authentic and connected with the law.”

The Wānanga is happy to support the embedding of He Poutama and its recommendations, with Professors Wiremu Doherty, Sir Hirini Moko Mead and Sir Pou Temara all part of a group of tikanga experts who contributed to the Commission’s work.

He Poutama is just one of the ways that TWWoA is contributing to the development of cultural capability within the legal community. In February 2024, the Wānanga will also be launching Pourewa Tikanga Māori me te Ture (Post Graduate Diploma in Tikanga and Law), focusing on tikanga as part of legal practice.