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Rob's avatar

** This response is for informational purposes only and does not constitute legal advice

A proposed karakia in court must be considered in relation to the wider landscape of the circumstances now playing out in New Zealand under Crown influence that now formally shows itself as seeking to avoid public democratic process in relation to alignment with Maori culture, UNDRIP and Treaty principles. The Crown it could be argued, is operating a gradual "salami slicing" strategy to achieve eventual co-governance without democratic consent. The bigger picture is made up of a jigsaw of smaller pieces.

The Government's incremental steps to incorporate Māori language, culture, and tikanga into various aspects of society, including place names, government departments, public institutions, the Reserve Bank, the Law Commission, sports events, and now potentially the courts can be seen as a strategy of gradual change. The approach aims to achieve significant cultural shifts without provoking widespread public reaction as the reasoning is expressed as giving respect to treaty obligations, historical wrongs, compliance with UNDRIP, and self-determination for empowering Māori such as the establishment of Te Puni Kōkiri (the Ministry of Māori Development).

Openly there is a lack of explicit democratic debate in each step. The public may not fully grasp the potential long-term implications of these changes in terms of the law of implication and custom. The concept of custom, the Dickson case, along with the proposed use of karakia in court, could be seen as part of a broader trend of gradual assimilation of tikanga into law. It provides a framework for arguing that the gradual integration of tikanga into society as customary law. Particularly regarding the direction towards co-governance. By gradually introducing these changes without significant social refusal, the government is creating a situation where the court can deem these changes implicitly accepted by society. This could pave the way for further integration of tikanga into law, potentially leading to co-governance.

The Dickson case, in this context, is significant because it represents a potential shift from cultural integration to legal assimilation. The court's decision to uphold the mandatory tikanga course, even though it was deemed irrelevant to real estate work and imposed a harsh penalty, could be seen as a step towards normalising the inclusion of tikanga principles within legal frameworks.

The proposal to begin and end court sittings with a karakia, if implemented, would further solidify the integration of tikanga into the legal system. This practice, while intended as a respectful gesture, raises concerns about the potential for infringement of individual rights, particularly the right to freedom of conscience and religion.

The "salami slicing" strategy raises concerns about the potential for a lack of transparency and democratic participation in shaping the future of New Zealand's legal and cultural landscape. Open dialogue, transparency, and a commitment to respecting individual rights are crucial for navigating this complex process.

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Gary Judd KC's avatar

Thanks, Rob. You are absolutely correct except it is not a matter of concern about the "potential" for a lack of transparency and democratic participation. As the rest of your comment shows, it is happening. There is a requirement for political leadership and will to put a stop to it, but precious little indication that either exists.

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Just Boris's avatar

Well said, quite the pernicious creep. And with clear intent to replace the ‘colonial’ worldview with a dysfunctional tribal one.

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Ron Segal's avatar

An insightful analysis. As you say, little by little, in incremental steps, individually too small to draw serious complaint until it is too late. Though doubtful that this is centrally orchestrated, rather than just an unfortunate societal movement (CRT/DEI), spontaneously emerging, with aligned champions all over the place. Referred to by Elon Musk as the "woke mind virus", impacting most Western democracies. Those in positions of authority/leadership far from immune, apparently many simultaneously losing their ability for critical thought!

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johanna herbert's avatar

I have a feeling this may end up requiring new legislation and perhaps a binding referendum to cement/entrench it. Although, surely no one could front a legal argument in opposition to the strength of the one you have put forward above. Thanks for all your hard work Gary. You are on the frontline and I am truly grateful. Freedom of belief/non-belief for all.

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Just Boris's avatar

Once again on the mark Gary. My thanks to you for standing up for sanity. The stealthy and wholly intentional drive to usurp the wonderful worldview upon which NZ is founded is tragic. ‘Karakia’ are insidious but have been forced upon us in an obvious power grab. Superstitious nonsense such as ‘tapu’ & ‘rahui’ are further examples of the sweeping madness condoned by our weak & naive leaders. Disguised as ‘prayer’ in a Christian sense to smooth the way, one must ask ‘to whom are they praying’? For the monotheistic Christian deity is a rather different understanding than the animistic mumbo jumbo ‘te Ao Maori’. As an ardent theist I’d also advocate for continued secular Government, the clear separation of Church & State. ‘Rendering unto Caesar’ was sage advice. Most kiwis would agree. Yet here we have a completely dysfunctional infusion of religious madness into NZ, supported by our Supreme Court & their ‘tikanga’ idiocy. ‘Karakia’ are not the benign sop they may appear to be, rather they are the deliberate erosion of 5,000 years of human religious evolution and a clear threat to our modern science-based lifestyle. It is not by accident that our most advanced & functional societies arose within Judeo Christian Europe rather than the tribal land of Maori.

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Liz Wells's avatar

Thank you for your alert and stand on the issue Gary. Most people in NZ do not worship or give credence to the Maori gods and do not want to pray to them or have to acknowledge them especially not compulsorily. As you say we are a secular society. Schools and council can no longer open assembly or meetings with a Christian prayer so why is a karakia tolerated. Indeed a storm is brewing.

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Julian Batchelor's avatar

Karakias in court ? They, along with many other initiatives, are intended to groom the population, getting us all ready for full blown tribal rule. This is maorification creep getting bolder and bolder.

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Ron Segal's avatar

Be interested to know what the argument was in favour of introducing a religious ceremony of any sort into court proceedings when our society has long since moved on from that way of thinking. Seems like a blast from the past in pursuit of the mad idea of decolonisation.

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Noel Reid's avatar

100% with you Gary. Thanks for trying to prevent this invasive idea that is spreading at a frightening rate. I note the Rodney Local Board start their meetings with one, but 2 (brave) councillors don't attend until it has finished. Perhaps the "leftie liberals" will finally be satisfied when there is a religious prayer from every religion on the plant, prior to hearings/meetings starting! More time for praying than getting on with business? GREAT for productivity.

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Noel Reid's avatar

Gary, can I also note how long it takes to have a case heard. I'm sure the media recently reported someone arrested for a serious crime would have his case heard in 2027!*!

It seems to me the Judiciary already have too much "time off" (is it 7 or 8 weeks over the Xmas break?) plus quite a bit at Easter.

So shouldn't they be urged to increase their productivity, rather than waste more time?

There's an old expression "justice delayed is justice denied"....

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Gary Judd KC's avatar

Completely agree, Noel. You will also note "Large prints of the karakia will be installed in each courtroom for all those present to use to read along to." Perhaps those present will be encouraged to sing or chant along, like a revivalist event each morning and afternoon.

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Ruaridh or Roderick's avatar

Gary, had you thought of directing your well - crafted expression of your entirely justified (and certainly shared by me) concerns to the Attorney General and Minister of Justice?

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Gary Judd KC's avatar

A letter to the CJ, A-G and MoJ was sent to them yesterday., copied to Luxon, Peters and Seymour.

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Gary Judd KC's avatar

Thanks, Rod. It had not occurred to me, but I shall get on and do it.

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Tom Welsh's avatar

If the karakia proposal goes through, perhaps as a compromise it might be followed by a Black Mass.

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