Lost from Sight: Developing Recognition of Māori Law in Aotearoa New Zealand

Jones, Carwyn

doi:10.3366/legal.2021.0015

Cited by 3 publications

(3 citation statements)

References 3 publications

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“…Tikanga Māori is being increasingly recognised as an authoritative source of law. 119 The Law Commission has stated that law reform should recognise tikanga Māori, not only to respect guarantees given in te Tiriti/the Treaty, but also to implement the United Nations Declaration on the Rights of Indigenous Peoples. 120 There is continuing debate about how and in what ways recognition of tikanga Māori might be increased 121 and whether, in recognising and engaging with tikanga Māori, the legal system of Aotearoa merely continues a process of colonisation.…”

Section: A Bicultural Family Law Principles and Processes?mentioning

confidence: 99%

Care of Children Act 2004: Continuation of Cultural Assimilation

Cleland

2023

VUWLR

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This article argues that the cultural assimilation of Māori family forms, originating in colonial private family laws, continues under the Care of Children Act 2004 (COCA). It finds that the opportunity to draft a law that was respectful of tikanga Māori and te Tiriti o Waitangi was lost when legislators ignored all the critiques of the operating principles and processes of the Pākehā legal system, provided by Māori during the 1980s and 1990s. The article argues that cultural assimilation continues through court decisions, since COCA principles require priority to be given to parents, with a corresponding marginalisation of whānau, hapū and iwi. The article concludes that incremental reform would be unlikely to achieve legislation that is fit for a bicultural Aotearoa New Zealand. It advocates for a transformational Māori-led family law reform process, guided by te Tiriti o Waitangi/the Treaty of Waitangi and by tikanga Māori.

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Section: A Bicultural Family Law Principles and Processes?mentioning

confidence: 99%

Care of Children Act 2004: Continuation of Cultural Assimilation

Cleland

2023

VUWLR

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“…When one aspect of that system is disrupted, the entire network follows suit. Internally and externally, all things living and non-living, tangible and intangible, are intertwined, requiring a state of equilibrium (Ahu, Hoare & Stephens, 2011;Durie, 1985Durie, , 2003Jackson, 1988Jackson, , 1990Jones, 2014Jones, , 2021Quince, 2007). As previously mentioned in Chapter Two, Mason Durie's (1985) Te Whare Tapa Wha model helps explain achieving a sense of balance.…”

Section: Achieving Balancementioning

confidence: 99%

“…Other Kaikōrero also came up with solutions to rebalance or rediscover those kinship relationships. Again, many drew on the notion of establishing whanaungatanga as it mirrors the centralisation of relationships within all aspects of Te Ao Māori (Jones, 2021;Toki, 2018;Tomas, 2005). In terms of offending or wrongdoings, Justice Joseph Williams (2013, Pg.5) has explained the value of whanaungatanga "operated kin group to kin group.…”

Section: Achieving Balance: Rebalancing Kinship and Community Relationsmentioning

confidence: 99%

Justice Reinvestment: a Vehicle Toward a Self-Determining Model of Justice

Potter¹

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In response to the disproportionate rate of Māori within the New Zealand (NZ) criminal justice system, this thesis critically analyses the role of Justice Reinvestment (JR) to redirect state resources and decision-making abilities to local communities. Against the backdrop of settler-colonialism, criminal justice initiatives and policies have failed to provide significant outcomes for Māori communities, given their entrenchment in Western thought. In response, many have called for a holistic, transformative, community approach to justice, addressed in a Māori way. Therefore, this thesis looks to explore JR as a vehicle towards a self-determining model for Māori communities. Using a critical methodology, which draws upon Kaupapa Māori theory, this research engaged in eight semi-structured interviews with key Māori thinkers associated with criminal justice. Using a thematic data analysis, the findings suggested balance, self-determination, and progressive transformation were significant considerations in developing a model for Māori communities. To achieve this, the concluding discussion argues for the implementation of a broader, power-sharing relationship between Māori and the Crown. Secondly, it proposes an alternate model which is given effect by key JR tenets, and Māori concepts to achieve a sense of collective balance. In doing so, this framework provides a more holistic, healing approach for Māori communities.

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On Due Diligence and the Rights of Indigenous Peoples in International Law: What a Māori World View Can Offer

Malaihollo

2023

Neth Int Law Rev

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Due diligence is on the rise in international law. However, its roots and historic narrative remain heavily Eurocentric in nature. This becomes problematic in the context of states’ due diligence obligations relating to the rights of indigenous peoples. Meanwhile, due diligence can also be found in indigenous legal systems. An example is tikanga, which regulates the lives of the Māori in New Zealand. This paper attempts to investigate principles of tikanga reflecting features of a standard of care and compares this to the way due diligence is currently given meaning in international law. From this it follows that tikanga puts more emphasis on ‘relationships and balance’ than contemporary positive international law does. This paper argues for a culturally appropriate approach that integrates this feature with respect to states’ due diligence obligations relating to the protection of the rights of indigenous peoples in the context of the Māori in New Zealand. In doing so, it will become clear that this approach leads to a situation where an indigenous people is being heard and taken seriously, which forms the anchor of the international legal framework protecting the rights of indigenous peoples. With that in mind, this paper offers a template on due diligence and the rights of indigenous peoples in international law.

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Lost from Sight: Developing Recognition of Māori Law in Aotearoa New Zealand

Cited by 3 publications

References 3 publications

Care of Children Act 2004: Continuation of Cultural Assimilation

Care of Children Act 2004: Continuation of Cultural Assimilation

Justice Reinvestment: a Vehicle Toward a Self-Determining Model of Justice

On Due Diligence and the Rights of Indigenous Peoples in International Law: What a Māori World View Can Offer

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