Under admiralty laws, once the flag of the confederated chiefs was raised; tikanga became law.
Similarly, uniquely in the world; that flag was raised - as is traditional - on a naval spar. But on one planted in the earth, thus making Aotearoa Nz the world’s vessel.
These are somewhat mind bending concepts, I know. They bend my head too. But let’s explore where it goes. Because the voyage is the thing, and some places are worth getting to; and some are good for getting away from.
The legal scholar and editor Evan Whitton wrote extensively on how British law grew out of total corruption. This long Genesis has shaped law, justice, and society without total reform. It’s not even a truth seeking system!
The nature of progress is that it requires change.
What might tikanga teach us, that might help us evolve towards a more just society and legal system?
In turn, might we set an example for the world?
The west is certainly going to hell thanks to a lack of justice.
Our corruption is front and centre, domestically and internationally. Only the tattered facade remains
I imagine some will find this Leighton Smith interview with Professor James Allen - https://law.uq.edu.au/profile/1302/james-allan = rather insightful on judicial activism and tikanga being inserted into NZ law.
And for those who have no time - this is a summary from the Professor who went to Otago University also.
The interview discusses Tikanga Māori in the context of legal education in New Zealand. Key Points:
• Tikanga Māori in Law Schools: A Select Committee largely rejected a complaint against regulations requiring law schools to teach students about Tikanga Māori. The Committee recommended changes, requiring a compulsory law course on Tikanga Māori and the inclusion of relevant content in existing compulsory courses.
• Controversy and Opposition: The complaint was lodged by a judge who argued that teaching Tikanga Māori was cultural indoctrination. Some political parties, like ACT, supported the complaint, while others, like Labour, opposed it.
• Political Motivations: The speaker suggests that the National Party's opposition to the Tikanga Māori requirement stems from cowardice and a desire to avoid cultural issues.
• Vague and Unclear: The speaker criticizes the lack of clarity surrounding Tikanga Māori, arguing that it is a vague and amorphous concept used to advance left-wing agendas.
• Judicial Activism: The speaker believes that the inclusion of Tikanga Māori in legal education is an example of judicial activism, where judges impose their own views on the law.
• Future Implications: The speaker predicts that the increasing influence of Tikanga Māori in the legal system will lead to a situation where judges have more power to make decisions based on their own interpretations of the law, potentially undermining the rule of law and democratic principles.
Overall, the interview presents a critical perspective on the inclusion of Tikanga Māori in legal education, arguing that it is a politically motivated move that will have negative consequences for the legal system and society as a whole.
This is quite something still Gary, and a case study in why/how to distinguish maori concept studies from all subject culture-soaking.
The universal mooring of matauranga maori content throughout AKL Uni majors like Psychology 108 paper also cross over with mandated WTR 100, on the premise that māori Psychology is different from human psychology. Equally, should a prominent Psychologist write to the equivalent psych education body, it would interesting to see how successful that would be.
There seems to be misunderstanding of what is happening -- see my reply to Ron Segal. Neil Sands of LawNews has a succint explanation, as follows.
A motion to ditch secondary legislation forcing New Zealand’s law schools to make tikanga Māori a compulsory component of all core subjects required for legal degrees has been lodged with Parliament.
The move comes after the Regulations Review Select Committee last week partially upheld barrister Gary Judd KC’s complaint about the New Zealand Council of Legal Education (NZCLE) making tikanga compulsory.
The committee found that while tikanga could be included as a standalone core subject, NZCLE overstepped by ruling it must also be included in every other compulsory subject studied for a law degree.
A member of the committee, National MP Joseph Mooney, has lodged a motion with the House to disallow the provisions that made tikanga compulsory across all core subject.
The motion will take effect within 21 sitting days if not withdrawn or otherwise disposed of.
Thanks again Gary. So what matters then in my view is the detail. In particular whether courses are taught in the sense of this is what Maori culture believes vs Maori culture and beliefs being taught as reality. The latter is quite prevalent in NZ, for example (unbelievably to me) animistic concepts and terminology are presented as reality in NZ Electrical regulations (code of practice), which of course need to be learnt by all licensed electricians.
E.g. This is directly from the code of practice:
the term “earth” or Papatuanuku
translates as Earth Mother – the source of all energy. When aligning
this concept to the flow of electricity, a useful parallel can be made to
the 3-pin plug.
Electricity Maori
Active (phase) Spiritual element, active, tapu
Neutral Physical element, neutral, noa
Earth Mauri or life force derived from
Papatuanuku or Earth Mother
For the purposes of regulation 17(2)(n), for payment or reward also
Some knowledge of those multiple cultures and beliefs that are likely to be encountered in pursuing different professions can of course often be very useful, some professions more than others. However there is surely no argument for courses focusing on Maori culture only. There is zero argument for introducing unicorns as real in core material. What next, Harry Potter as a mandatory text!!
Brilliant Gary, an enormous step in the right direction. So there will be no requirement for law schools to teach or assess knowledge of tikanga. Although individual law schools can still themselves decide to mandate knowledge as part of a compulsory subject.
No, the part of the regulation requiring all students to pass a course in tikanga still stands. What is gone is the compulsion to also include it in every other subject.
Great work Gary. Your persistence is epic and appreciated.
O gosh, isn’t this wrong in some important ways?
Under admiralty laws, once the flag of the confederated chiefs was raised; tikanga became law.
Similarly, uniquely in the world; that flag was raised - as is traditional - on a naval spar. But on one planted in the earth, thus making Aotearoa Nz the world’s vessel.
These are somewhat mind bending concepts, I know. They bend my head too. But let’s explore where it goes. Because the voyage is the thing, and some places are worth getting to; and some are good for getting away from.
The legal scholar and editor Evan Whitton wrote extensively on how British law grew out of total corruption. This long Genesis has shaped law, justice, and society without total reform. It’s not even a truth seeking system!
The nature of progress is that it requires change.
What might tikanga teach us, that might help us evolve towards a more just society and legal system?
In turn, might we set an example for the world?
The west is certainly going to hell thanks to a lack of justice.
Our corruption is front and centre, domestically and internationally. Only the tattered facade remains
I imagine some will find this Leighton Smith interview with Professor James Allen - https://law.uq.edu.au/profile/1302/james-allan = rather insightful on judicial activism and tikanga being inserted into NZ law.
Background - https://www.democracyaction.org.nz/jamesallan
Its rather a lengthy interview so skip to Tikanga discussion at the last portion of the podcast at approx. 40:47
https://www.iheart.com/podcast/1049-the-leighton-smith-podcas-30246213?cmp=ios_share&sc=ios_social_share&pr=false&autoplay=true
And for those who have no time - this is a summary from the Professor who went to Otago University also.
The interview discusses Tikanga Māori in the context of legal education in New Zealand. Key Points:
• Tikanga Māori in Law Schools: A Select Committee largely rejected a complaint against regulations requiring law schools to teach students about Tikanga Māori. The Committee recommended changes, requiring a compulsory law course on Tikanga Māori and the inclusion of relevant content in existing compulsory courses.
• Controversy and Opposition: The complaint was lodged by a judge who argued that teaching Tikanga Māori was cultural indoctrination. Some political parties, like ACT, supported the complaint, while others, like Labour, opposed it.
• Political Motivations: The speaker suggests that the National Party's opposition to the Tikanga Māori requirement stems from cowardice and a desire to avoid cultural issues.
• Vague and Unclear: The speaker criticizes the lack of clarity surrounding Tikanga Māori, arguing that it is a vague and amorphous concept used to advance left-wing agendas.
• Judicial Activism: The speaker believes that the inclusion of Tikanga Māori in legal education is an example of judicial activism, where judges impose their own views on the law.
• Future Implications: The speaker predicts that the increasing influence of Tikanga Māori in the legal system will lead to a situation where judges have more power to make decisions based on their own interpretations of the law, potentially undermining the rule of law and democratic principles.
Overall, the interview presents a critical perspective on the inclusion of Tikanga Māori in legal education, arguing that it is a politically motivated move that will have negative consequences for the legal system and society as a whole.
Cheers
This is quite something still Gary, and a case study in why/how to distinguish maori concept studies from all subject culture-soaking.
The universal mooring of matauranga maori content throughout AKL Uni majors like Psychology 108 paper also cross over with mandated WTR 100, on the premise that māori Psychology is different from human psychology. Equally, should a prominent Psychologist write to the equivalent psych education body, it would interesting to see how successful that would be.
Pleasing to see progress?
There seems to be misunderstanding of what is happening -- see my reply to Ron Segal. Neil Sands of LawNews has a succint explanation, as follows.
A motion to ditch secondary legislation forcing New Zealand’s law schools to make tikanga Māori a compulsory component of all core subjects required for legal degrees has been lodged with Parliament.
The move comes after the Regulations Review Select Committee last week partially upheld barrister Gary Judd KC’s complaint about the New Zealand Council of Legal Education (NZCLE) making tikanga compulsory.
The committee found that while tikanga could be included as a standalone core subject, NZCLE overstepped by ruling it must also be included in every other compulsory subject studied for a law degree.
A member of the committee, National MP Joseph Mooney, has lodged a motion with the House to disallow the provisions that made tikanga compulsory across all core subject.
The motion will take effect within 21 sitting days if not withdrawn or otherwise disposed of.
Thanks again Gary. So what matters then in my view is the detail. In particular whether courses are taught in the sense of this is what Maori culture believes vs Maori culture and beliefs being taught as reality. The latter is quite prevalent in NZ, for example (unbelievably to me) animistic concepts and terminology are presented as reality in NZ Electrical regulations (code of practice), which of course need to be learnt by all licensed electricians.
E.g. This is directly from the code of practice:
the term “earth” or Papatuanuku
translates as Earth Mother – the source of all energy. When aligning
this concept to the flow of electricity, a useful parallel can be made to
the 3-pin plug.
Electricity Maori
Active (phase) Spiritual element, active, tapu
Neutral Physical element, neutral, noa
Earth Mauri or life force derived from
Papatuanuku or Earth Mother
For the purposes of regulation 17(2)(n), for payment or reward also
means koha.
Could be part of a, say, anthropology course, but not of a law degree.
Some knowledge of those multiple cultures and beliefs that are likely to be encountered in pursuing different professions can of course often be very useful, some professions more than others. However there is surely no argument for courses focusing on Maori culture only. There is zero argument for introducing unicorns as real in core material. What next, Harry Potter as a mandatory text!!
Brilliant Gary, an enormous step in the right direction. So there will be no requirement for law schools to teach or assess knowledge of tikanga. Although individual law schools can still themselves decide to mandate knowledge as part of a compulsory subject.
No, the part of the regulation requiring all students to pass a course in tikanga still stands. What is gone is the compulsion to also include it in every other subject.
Right, thanks for the clarification, I'd misunderstood too optimistically.
Top work Gary, wow, one man can move a mountain :)
Great work, thanks Gary!
Fantastic work, thank you for your unwavering persistence. Your commitment is second to none.
Yes, absolutely marvelous to get rid of this mumbojumbo crock of sh-t. The wankers who wanted it are impossible to understand.