Tikanga and the Law Wānanga

Tikanga in Environmental Jurisdiction

Authors

  • Judge Michael Doogan

DOI:

https://doi.org/10.14296/ac.v4i3.5624

Abstract

Tikanga Māori is increasingly influencing the law of New Zealand, in every jurisdiction. The Environment Court is becoming more concerned with issues which necessitate knowledge of different tikanga Māori, matauranga Māori and Te Reo Māori. The following is a discussion on how tikanga affects the incorporation of Treaty of Waitangi and Māori concepts in the Resource Management Act 1991. It then moves to how and to what extent the Environment Court can consider relational and mana whenua issues. And lastly, Judge Doogan gives insights from a Māori Land Court, Waitangi Tribunal and Environment Court judge for practitioners on understanding tikanga issues and working with Māori collectives.

Keywords: Environment Court; Māori Land Court; Waitangi Tribunal; Resource Management Act 1991; Lex Aotearoa; Te Reo; tikanga; mātauranga; mana whenua; procedure; advocacy.

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Published

2023-06-24

Issue

Section

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