How is it two quality legal minds cannot come to a common understanding as to Tikanga?
Or does a bias exist if fixated as a Maori trained legal mind?
It appears lawyer Khylee Quince is busy ensuring a framework exists to pursue Tikanga belief must be inserted into NZ Crown law, as does 200 off Maori lawyers from the Maori law society, and the President of the Law Commission. That is just an example of the cumulative movement that is rising up against your explanation Mr Judd KC. Is there any chance to argue the point in the High Court and not allow it to become dragged into the Waitangi Tribunal eventually? Noting a range of law firms are preparing for including Tikanga into their advice already.
Reference: “Justice Whata has delivered a masterpiece that is unlike anything in the world. He Poutama provides clear and robust evidence of how two, currently distinct legal systems – state law and tikanga Māori – can and must come together through a new framework that is beautiful in theory and legally applicable.” - read at - https://www.aut.ac.nz/news/stories/justice-whata-leads-korero-on-he-poutama
In my writings, I have described law, I have used the description of tikanga which the Supreme Court accepted in the Ellis case, and I have shown that tikanga does not fit the description of law (that is, that it is not a *legal* system). Someone taking the opposing view must show that I am wrong in my description of law, or that I am wrong in my description of tikanga (which necessarily requires that the SC was wrong to accept the description given to the Court), or that there is something wrong with the reasoning process I employed. If Justice Whata said that tikanga is a distinct legal system, his claim must be rejected unless he demonstrates by an analysis similar to mine that tikanga has sufficient indicia of a legal system to dignify it with legal system status. If Justice Whata were able to do that, it would not be the end of the matter. Only Parliament can create a new legal framework.
It is just incredible to me (just another dinosaur....), that this rubbish is being taught in law schools. I am surprised that Justice Glazebrook has expressed such an opinion and do not understand how such an interpretation is possible. Thank you on behalf of the majority of New Zealanders who would be appalled if they knew this was happening.
Perhaps it would help the general population if there were three words to be clearly defined and understood in the context of what we are currently witnessing:
First, There was the Treason of the Academics, added to it now is the Treason of the Lawyers. See Niall Ferguson's The Treason of the Intellectuals in Free Press on Substack.
I have my fingers crossed that Michael Heron is not of Susan Glazebrook's ilk, and that the truth of "Takeover/ He Puapua" will be exposed to the sleeping public.
How is it two quality legal minds cannot come to a common understanding as to Tikanga?
Or does a bias exist if fixated as a Maori trained legal mind?
It appears lawyer Khylee Quince is busy ensuring a framework exists to pursue Tikanga belief must be inserted into NZ Crown law, as does 200 off Maori lawyers from the Maori law society, and the President of the Law Commission. That is just an example of the cumulative movement that is rising up against your explanation Mr Judd KC. Is there any chance to argue the point in the High Court and not allow it to become dragged into the Waitangi Tribunal eventually? Noting a range of law firms are preparing for including Tikanga into their advice already.
Reference: “Justice Whata has delivered a masterpiece that is unlike anything in the world. He Poutama provides clear and robust evidence of how two, currently distinct legal systems – state law and tikanga Māori – can and must come together through a new framework that is beautiful in theory and legally applicable.” - read at - https://www.aut.ac.nz/news/stories/justice-whata-leads-korero-on-he-poutama
Background:
https://www.newshub.co.nz/home/new-zealand/2024/05/auckland-university-of-technology-considering-dean-of-law-khylee-quince-s-die-quietly-in-the-corner-facebook-post.html
https://e-tangata.co.nz/korero/khylee-quince-seeing-beyond-pakeha-law/
In my writings, I have described law, I have used the description of tikanga which the Supreme Court accepted in the Ellis case, and I have shown that tikanga does not fit the description of law (that is, that it is not a *legal* system). Someone taking the opposing view must show that I am wrong in my description of law, or that I am wrong in my description of tikanga (which necessarily requires that the SC was wrong to accept the description given to the Court), or that there is something wrong with the reasoning process I employed. If Justice Whata said that tikanga is a distinct legal system, his claim must be rejected unless he demonstrates by an analysis similar to mine that tikanga has sufficient indicia of a legal system to dignify it with legal system status. If Justice Whata were able to do that, it would not be the end of the matter. Only Parliament can create a new legal framework.
Unbelievable Gary.....
It is just incredible to me (just another dinosaur....), that this rubbish is being taught in law schools. I am surprised that Justice Glazebrook has expressed such an opinion and do not understand how such an interpretation is possible. Thank you on behalf of the majority of New Zealanders who would be appalled if they knew this was happening.
Well said Gary.
Perhaps it would help the general population if there were three words to be clearly defined and understood in the context of what we are currently witnessing:
Indigenous
Sedition
Treason
First, There was the Treason of the Academics, added to it now is the Treason of the Lawyers. See Niall Ferguson's The Treason of the Intellectuals in Free Press on Substack.
I wonder if the Committee, NZLS or NZCLE assessed consequences?
This short piece on Chesterton's fence simile expresses matters well. https://fs.blog/chestertons-fence/
Thank you for speaking up and crafting such brilliant articles that call this Tikanga BS for what it really is. All power to you sir.
Keep up the good work Garry.
I have my fingers crossed that Michael Heron is not of Susan Glazebrook's ilk, and that the truth of "Takeover/ He Puapua" will be exposed to the sleeping public.
Thank you for writing so clearly and concisely about an issue that deserves careful and thoughtful reflection and discussion.