In Ellis, “[t]he [Supreme] Court is unanimous that Tikanga has been and will continue to be recognised in the development of the common law of Aotearoa/New Zealand in cases where it is relevant. It also forms part of New Zealand law as a result of being incorporated into statutes and regulations. It may be relevant consideration in the exercise of discretions and it is incorporated in policies and processes of public bodies.” (paragraph 19)
For many of us, our understanding of tikanga Māori, te reo Māori and Te Tiriti o Waitangi, is limited. Some of us are migrants and are learning all of this anew. For all those practising within Aotearoa New Zealand, it is critical that we expand our understanding of tikanga to recognise when it is relevant in the cases we are arguing, and to respect and acknowledge tikanga when doing so.
Those speaking at the wānanga include:
- Justice Williams of the Supreme Court of New Zealand. Te Hunga Rōia Māori Aotearoa will give the vote of thanks;
- Justice Whata of the High Court of New Zealand who is currently writing a paper on Tikanga and the Law for Te Aka Matua o te Ture / the New Zealand Law Commission;
- Justice Powell of the High Court of New Zealand who will speak on tikanga, including as it is dealt with through the Marine and Coastal Area (Takutai Moana) Act 2011;
- Judge Taumaunu, Chief Judge of the District Court of New Zealand;
- Judge Fox, Deputy Chief Judge of the Māori Land Court of New Zealand; and
- Judge Doogan of the Māori Land Court of New Zealand and alternate Judge of the Environment Court of New Zealand.
It will be a CPD event that is open to all in the profession and the judiciary. There is no charge to attend.