Tikanga and the Law

A Model of Recognition

Authors

  • Justice Christian Whata

DOI:

https://doi.org/10.14296/ac.v4i3.5620

Abstract

This paper is based on the transcript from a presentation given at the New Zealand Asian Lawyers Wānanga on Tikanga and the Law given on 3 May 2023. This paper offers one of many explanations of tikanga and is an entry level introduction only to a complex kaupapa. This paper traverses briefly a proposed three-part model of recognition of tikanga. The first part of the model is a methodology of engagement. The second part is the notion of kaitiaki as a controlling principle. The third part is tikanga-enabling processes. The last two steps of the methodology are covered briefly due to time restraints.

Keywords: tikanga; normative system; recognition; methodology of engagement; tikanga-enabling processes; common law.

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Published

2023-06-24

Issue

Vol. 4 No. 3 (2023): Series 2

Section

Special Section: Tikanga as the First Law of New Zealand: The Need for a System-Wide Cognitive Shift

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