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Battle of the Tikanga Maoris in New Zealand law schools: King’s advisor Gary Judd denounces “activist judiciary”

Māori president of the Hunga Roia Māori Bar, Tai Ahu, earlier said the teaching of tikanga and its inclusion in the legal system “was not something…to be afraid of”, saying the law had evolved “as did tikanga and that our common law would increasingly reflect Māori”. perspectives”.

Jane Kelsey, an emeritus professor at the University of Auckland, disagreed with Judd’s complaint and said having a curriculum that reflected New Zealand’s pre- and post-colonial history created “a more informed jurisprudence (legal theory).

Kelsey said, however, that she thought making tikanga a mandatory part of legal training may have been rushed without involving everyone and having a good understanding of its relevance.

“The last thing we need is high-ranking lawyers and politicians taking us back to the infamous days… which said Māori were not civilized enough to have a system of law” , she said.

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“A watershed moment for Parliament” – Judd

Judd said he believed a legal system including tikanga “is very, very detrimental to New Zealand, socially and economically”.

“It’s not really a law at all,” he said.

Jane Kelsey disagrees with the complaint. Photo / Michael Craig
Jane Kelsey disagrees with the complaint. Photo / Michael Craig

“For a custom to be accepted as law, it must be certain, consistent, reasonable and it must not be contrary to justice and morality.

“If the judges had done their job properly, they would have said: ‘tikanga cannot meet these requirements, that is why we reject the idea of ​​tikanga being part of the law.’

He said his complaint had created a “watershed moment” for Parliament.

Deputy Prime Minister Winston Peters supported Judd’s complaint, calling tikanga education “cultural indoctrination”.

The New Zealand Council for Legal Education said it was satisfied that correct procedures with tikanga Māori requirements had been followed, including appropriate consultation.

“The council is disappointed that these matters were not raised with us before being published in the media,” the council said.

He said council would respond further in the regulations review committee if asked.

Raphael Franks is an Auckland-based journalist covering current affairs. He joined the Herald as a Te Rito cadet in 2022.

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