Tikanga Regulations complaint to proceed

NZCLE and NZLS asked to make submissions

I lodged a complaint about the Professional Examinations in Law (Tikanga Māori Requirements) Amendment Regulations 2022 with Parliament's Regulation Review Committee on 17 April. I objected to the New Zealand Council for Legal Education (NZCLE) making Tikanga Māori compulsory for all first-year law students from 1 January 2025 and requiring Tikanga to be infused into all the other compulsory subjects. See Senior King’s Counsel files complaint about compulsory tikanga Māori studies for law students and A law school to be avoided. Last evening I received a letter from Hon David Parker, the Committee’s chairperson informing me that the committee has agreed to proceed with my complaint. It has asked for submissions from the NZCLE and the New Zealand Law Society (NZLS). The letter indicates my complaint has been treated as evidence and made publicly available on the Parliament website.

Here’s the letter.

Dear Mr Judd

Complaint about the Professional Examinations in Law (Tikanga Māori Requirements) Amendment Regulations 2022

Thank you for your letter received 17 April 2024 about the Professional Examinations in Law (Tikanga Māori Requirements) Amendment Regulations 2022, made under section 278 of the Lawyers and Conveyancers Act 2006. Your complaint was considered by the Regulations Review Committee at its meetings on 1 and 8 May 2024.

Committee’s jurisdiction

The committee’s jurisdiction in relation to secondary legislation is set out in the Standing Orders of the House of Representatives. Under Standing Order 326(5), the committee may investigate complaints about the operation of secondary legislation, and may report on complaints to the House of Representatives. When a complaint relates to one of the grounds set out in Standing Order 327(2), the committee can draw the secondary legislation to the special attention of the House and take the step of recommending that secondary legislation be disallowed under the Legislation Act 2019. However, any decision to disallow secondary legislation is made by the House and the committee can only make a recommendation.

Your complaint

Your complaint appears to be that the Professional Examinations in Law (Tikanga Māori Requirements) Amendment Regulations 2022 should be drawn to the attention of the House under the following Standing Order grounds:

•SO 327(2)(a) – that the regulations are not in accordance with the general objects and intentions of the enactment under which it they made

•SO 327(2)(b) – that the regulations trespass unduly on personal rights and liberties

•SO 327(2)(c) – that the regulations appear to make some unusual or unexpected use of the powers conferred by the enactment under which they are made.

Decision to investigate

The committee accepts that, on the face of it, your complaint relates to Standing Orders 327(2)(b) and (c).

Therefore, the committee has agreed to proceed with your complaint in relation to these Standing Order grounds.

Committee process

We have resolved to send a copy of your complaint to the New Zealand Council of Legal Education and the New Zealand Law Society, asking them to provide a written submission on your complaint.

Your written complaint has been treated as evidence and made publicly available on the Parliament website. Please contact the Clerk of Committee, Sam Gordon, at regulations.review@parliament.govt.nz or on 04 817 8117 if you have any questions.

Yours sincerely,

Hon David Parker

Chairperson

Regulations Review Committee