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Rob's avatar

Thank you Garry (KC). I comment as follows with the most sincere humble appreciation for your experience, expertise and qualifications.

It would be interesting to see how such a discussion eventuates with Dr Amokura Kawharu - at com@lawcom.govt.nz - a discussion she is duty bound (as a government agency) to answer if you could spare the time?. I wonder if the response would be as per Peter Smith? That it is a bridge between differing legal systems?

With only my limited legal knowledge based on several years funding High Court multi-party litigation teams, I find it very hard to conceptualise how Tikanga is to be "blended" as I also read more and more law firms attempting to do so - https://www.bellgully.com/insights/tikanga-maori-and-state-law-an-exploration-of-he-poutama/

Why my lack of comprehension? Because this now growing reality seems to neglect the realisation of the downstream practical consequences for New Zealand. I explain below:

Tikanga is deeply rooted in the realm of myth and legend, known collectively as pūrākau.

To truly grasp Tikanga Māori, it is said that it is essential to understand the foundational stories that have shaped Māori worldview and practices for generations.

Pūrākau explains in Māori culture the origins of the world, the relationship between humans and nature, and the roles and responsibilities of individuals within the community. These narratives form the ethical and moral compass that underpins Tikanga.

Myths and legends in Māori culture describe the creation of social hierarchies and kinship systems. Thus apparently we must understand these oral stories that provide insights into the importance of whakapapa (genealogy), whānau (family), and hapū (sub-tribe). They are only oral and what New Zealand Government is now asserting exists after agreeing with Māori researchers who conducted wide discussions with Māori elders and reported solely on the research bases of 'with Māori, for Māori, by Māori' only and solely. That protocol alone I would have thought would not be equitable for a court to make determinations on?

Pūrākau also introduces the concept of atua (deities) and their influence on the natural world. These beliefs shape Māori spiritual practices and rituals, which are integral to Tikanga. Many Tikanga practices, such as waiata (songs), haka (dances), and carvings, are directly inspired by pūrākau. Understanding the stories behind these art forms enriches the appreciation of their cultural significance.

Māori Myths and legends also explain the formation of the land and the creation of marine life. This knowledge informs Māori perspectives on environmental stewardship and resource management, key components of Tikanga.

Also Tikanga Māori is not a static set of rules, but a dynamic and evolving tradition. While pūrākau provide a foundational framework, contemporary Māori continue to adapt and interpret these stories as they wish and may prefer to "self-determine" under UNDRIP so as to address the challenges and opportunities of the modern world. That flexibility provides a great negotiation tool for Māori !

In essence, pūrākau are the seeds from which Tikanga grows. By delving into the rich tapestry of Māori myths and legends, we are supposed to gain a deeper appreciation for the complexities and nuances of Tikanga Māori that the Crown now wishes to blend with Crown Law - https://thelawassociation.nz/law-commission-publishes-roadmap-for-blending-tikanga-and-state-law/

Are we to now accept that NZ will soon become part of a society based on myths and legends (that conveniently are "expanded" by Māori for legal interpretations? It seems the idea that a specialist High Court panel be set up to help weave tikanga into domestic law, is gaining serious interest so as to appoint tikanga experts as lay members of the court - https://thelawassociation.nz/law-commission-publishes-roadmap-for-blending-tikanga-and-state-law/

Thank you again for your valuable time. There are many who would find it more than informing if you did have a discussion with Dr Amokura Kawharu - even if she refused and you could announce you tried and she did decline.

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Graham Hill's avatar

Thank you for this classical and lucid account of the rule of law. What it presently faces is its undermining and annulment by virtue of the "great conspiracy theory" (per Delsol) of the dialectic of the oppressor v oppressed. It scapegoats western white males, colonialists etc When the main bearers of civilized society, indeed our culture, are torn down, undermined with history and tradition, erased/proscribed in the iconoclastic ways as they are by the Marxian dialectic in say the decolonisation doctrine we are left with barbarity , per Delsol. That systemic erasure, the year zero, and its ensuing barbarity is what occurred in Hitler's Germany, Lenin's Soviet Russia-where the legal system took a big hit- and particularly in Mao's Cultural Revolution China. Those presently subject to the dream of the Hegelian bite are oblivious to the warnings.

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