Special Topic

Description

Special Topic: Tikanga Māori, Custom and Common Law

Whakamahuki | Course Description

New Zealand courts have recognised tikanga as an official source of law, making it essential for those in legal fields to understand tikanga. Associate Justice of the Supreme Court of New Zealand, Sir Joseph Williams, has observed that it will be exceptionally challenging to be an effective lawyer today without some understanding of the principles of tikanga.

This course critically analyses the relationship between tikanga, custom, and Common Law within New Zealand, the Commonwealth, and the United States. Specifically, the course explores the connection between tikanga and the Common Law in New Zealand’s pre-colonial era, through its colonial period, and up to the present, where tikanga has status in law.  

While this course will introduce students to the core customs (take-whenua, rahui, mana, utu) of Māori, it is primarily concerned with teaching how to assess these customs critically.  

A key assumption in this course is that our students are not experts in tikanga /custom, and that they need to understand how common law evolved from custom during the reign of King Edward I (1272-1307) through to the Tudors and across the Commonwealth.

This course will equip you with the necessary knowledge to distinguish between tikanga Māori as a separate body of ‘law’ /beliefs and how the state legal system has recognised and is influenced by tikanga. Ultimately, you will develop the skills to identify legal contexts where tikanga might be relevant and how it might apply within a contemporary judicial setting.