Status: Completed
Project overview
Te Aka Matua o te Ture | Law Commission has produced a detailed Study Paper that examines tikanga Māori and its place in Aotearoa New Zealand’s legal landscape.
Tikanga Māori has been steadily gaining recognition in the courts and in statutes. Te Kōti Mana Nui has recently affirmed that tikanga Māori may be a source of enforceable rights and interests and is relevant to developing the common law. Tikanga is also expressly recognised in various ways in many Acts of Parliament. Despite this, understanding of tikanga Māori, what it is, and where and how it should be applied in these contexts is limited.
The object of the Study Paper was to address these important questions. To this end, the Study Paper gives an explanation of tikanga Māori, including an account of what it is and where it comes from, grounded in mātauranga Māori. The Paper “maps” tikanga Māori as a system of law, drawing on, among other sources, expressions of tikanga in the courts and Waitangi Tribunal. Finally, the paper looks at the interface between tikanga Māori and institutional law, including the common law and legislation, with a view to providing a principled framework for engagement.
The Paper builds on the Study Paper, Māori Custom and Values in New Zealand Law (NZLC SP9) (834KB PDF), published by Te Aka Matua o te Ture in 2001.
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Our news
New study provides invaluable guidance on tikanga and the law
21 September 2023
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In the media
Law Commission publishes roadmap for blending tikanga and state law
The Law Association | 30 September 2023
New report on tikanga Māori and the law
Māpuna, Radio New Zealand | 25 September 2023
Law Commission proposes changes in dealing with Maori issues
New Zealand Herald | 21 September 2023