Ngai Tahu Centre Seminar, David Williams Presenting

A plethora of court cases now recognise tikanga Māori as law:Where will they lead us?

Dr David V Williams is Professor Emeritus and Honorary Research Fellow in Law at the University of Auckland, Waipapa Taumata Rau.

Especially since 2012 there have been a large number of decisions by the superior courts of the state legal system making statements such as tikanga is ‘part of the values of the New Zealand common law’; tikanga ‘may be legal rights recognised by the common law’; tikanga is ‘an integral strand’ of the common law of New Zealand; ‘In some situations, tikanga will be the law, rather than merely being a source of it’; tikanga was the first law of New Zealand, it is ‘free-standing legal framework’ recognised by New Zealand law, and it does not cease to govern an iwi or hapū just because the courts or Parliament suggest otherwise.’ Māori lawyer Annette Sykes suggests that the incremental way tikanga has been incorporated into Pākehā law raises concerns of ‘window dressing by Pākehā lawmakers and those who administer justice.’ Professor Williams will invite discussion on the implications of these developments for the future evolution of the state legal system, and for tikanga itself.