A growing number of jurists and academics are advocating for ‘tikanga Māori’ to be recognised as a legitimate source of law and legal rights.

The influence of tikanga on the common law was evident in the 2012 decision in the Takamore v Clarke judgment involving the burial of a man of Māori descent. In that case, the Supreme Court found that where tikanga is relevant, the common law requires reference to tikanga.

Image: Ōhope Beach with Ohiwa Harbour in the background.

The Great Beach Grab!

The long-awaited Court of Appeal judgement under the Marine and Coastal Area (Takutai Moana) Act 2011 (MACA) was released the week following the general election.

• RULE OF LAW refers to a system whereby the Government and citizens (and other individuals) are bound by the law, and all are accountable under the law. Everyone must be treated under the same laws and possess the same rights. Simply put, this means that no one is above the law.
• RULE BY LAW is a concept that sees the governing authority as somehow being above the law and has the power to create and execute law where they find it to be convenient, despite the effect it has on larger freedoms that people enjoy.