Maori Customs and Values - Relationships to NZ Laws
The Law Commission's latest study paper, 'Maori Custom and Values in NZ Law', has two main purposes:
- to examine how Maori custom and values impact on our current law; and
- to consider ideas for future law reform projects in the Law Commission to give effect to Maori values in the laws of New Zealand.
What underlies the focus of the paper is the importance of developing a legal system that reflects New Zealand's cultural heritage and of which all New Zealanders, not just the dominant majority, feel a part.
Maori custom law, also referred to as tikanga Maori, is extremely dynamic and should not be treated as frozen in history. The paper provides some explanations of a number of values that underpin the totality of tikanga. In exploring Maori values, the paper stresses that a focus on heritage and tradition will not yield a complete picture - a forward-looking dimension is also important. In the words of Professor Mason Durie: "Maori values are not simply about celebrating the past but have always had a rationale that is premised on the future - survival."
The paper explores colonial and evolving judicial attitudes towards Maori custom law, as well as modern treatment of tikanga by the courts and the legislature. It discusses the evolving role of the Maori Land Court, and canvasses Treaty law and issues arising from references to the Treaty or its principles in legislation. Finally, the paper explores some options for future work in the Law Commission in co-operation with others to move New Zealand closer to a system of law that is shaped by the philosophies of both English law and tikanga Maori.
| This study paper can be downloaded as a PDF file free-of-charge from the Commission's publications page, or a printed version can be purchased from Colleen Gurney for NZ$20 (incl GST), or email cgurney@lawcom.govt.nz , tel (04) 473 3453, or fax (04) 471 0959 |
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