Full bibliography
Tikanga as the First Law of New Zealand: An Important Cognitive Shift
Resource type
Author/contributor
- Fox, Caren (Author)
Title
Tikanga as the First Law of New Zealand: An Important Cognitive Shift
Abstract
This article provides an overview of the history of the Maori Land Court, as well as present day developments of the Court. It considers the role that tikanga (Maori customary values and practices) plays in the Maori Land Court, and how the Court has applied tikanga in a number of contemporary judgments. It then considers the Waitangi Tribunal (a Commission of Inquiry which examines Crown breaches of its obligations to Maori), and how tikanga can be demonstrated in the process and the findings of the Tribunal. It discusses how both judicial bodies have approached the challenge of competing tikanga claims. Finally, the article poses ideas of how tikanga can be applied going forward.
Publication
Amicus Curiae
Date
2022
Volume
4
Issue
3
Pages
635-648
Journal Abbr
Amicus Curiae
Citation
Fox, C. (2022). Tikanga as the First Law of New Zealand: An Important Cognitive Shift. Amicus Curiae, 4(3), 635–648. https://access.heinonline.com/HOL/P?h=hein.journals/amcraesii4&i=662
Link to this record