5
Yet another is to promote the settlement of land claims. And in addition, another goal
is to combine elements of both cultures to forge a common national identity. The
present Coat of Arms is a classic, symbolic example, especially when compared with
its predecessors. An example of a focused plan of action from the private sector is the
programme to develop a bicultural jurisprudence undertaken at Waikato University.
These are laudatory objectives but the law is more fundamentally concerned with the
rights of Maori as an indigenous people. Accordingly, of the bicultural objectives I
have mentioned, the law is probably concerned mainly with the recognition of Maori
governance institutions, land rights and custom law.
Multiculturalism has two aspects in New Zealand. One aspect concerns the toleration
of cultural difference. The other concerns the celebration of cultural difference. The
latter overlaps with bicultural policy development and can lead to competition for
government support but more often I should think, the two policies are mutually
supportive. However, the law is concerned only with the first aspect, the toleration of
cultural difference. In New Zealand, this is normally in the context of the New
Zealand Bill of Rights Act and the Human Rights Act.
However, for the more complete and effective management of diversity I suggest it is
more helpful to fall back on the tried and trusty rule of law. I have suggested that it is
fundamentally about the relationship that exists between the state and its subjects.
The only problem is that the subjects of Diceys state were one people. The state of
the global age is more likely to have to deal with peoples.
Accordingly, where Dicey spoke of individual liberties or civil rights, we have now to
talk as well, of group rights. I suggest that the predominant issue now, for world and
national peace and good order, is the appropriate accommodation of different interest
groups within the life of the state.
You will note then that the Courts have been grasping the nettle for some long time.
Just as Dicey thought should be the case the Courts have not waited for constitutional
direction or direction from the assembly of states in international instruments. The
have been making constitutional provisions for years. It is important to observe, that