Recognion today?

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Statutory references to kanga or an element of Tikanga

– this is becoming increasingly common.

There are 108 pieces

of legislaon that reference the word Tikanga. We can see Tikanga being incorporated into statute (to what extent is

another queson but its sll there). These include references to kaiakitanga in the RMA, and its explicit definion in

TTWMA. TTWMA also talks about land being a Taonga.

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Statutory discreon

- Creaon of the Rangatahi Courts – there is use of kanga in the court process. There is the

Rangatahi (young person) court – the court process is done on the Marae in accordance with Tikanga (statute gives

discreon for court to be held ‘where the judge thinks fit’).

This is a way Tikanga has been injected into the court

process. Court process may also start and end with a Karakia.

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Common Law

– Tikanga recognised in the CL (in the Takamore v Clarke case). There is also nave tle recognised in CL

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Tikanga is relevant when maori are involved

– Tikanga is relevant not only because it engaged by specific statutory

reference, but also because it is engaged whenever Maori are within the judicial embrace of the court. So whenever

you are dealing with a Maori person or land associated with Maori people.

Tikanga doesn’t rely on the state system for its validity or for it to be applicable, but this shows a number of ways it is

intersecng directly and being used, referenced and operated within the state legal system.

There is cricism however that whenever you have ‘recognion’ within one system, it is always subordinate and it is always

viewed as ‘less than’ the dominant legal system

This relates to Twining’s idea of weak pluralism – you don’t have the two systems working together on equal foong, but rather

Tikanga recognion is at the discreon of the state legal system

Key Principles of Tikanga

Note that Tikanga is inclusive of BOTH

PRINCIPLES

and

RULES

- how those principles are enforced.

The Rules in

Tikanga will have principles of Tikanga behind them –

THE RULES ARE INFORMED BY THE PRINCIPLES

.

Manaakitanga

To

TAKE CARE OF

, or

LOOK AFTER A PERSON

, it is

TO NURTURE

and it is the

PROCESS OF SHOWING KINDNESS AND

CARE FOR OTHERS

;

You

should always endeavour to show Manaakitanga

This principle is an

ASPIRED STANDARD/VALUE.

Some people argue that values such as Manaakitanga are

ideals that only a few people can sustain or aain.

This principle is behind a lot of Tikanga rules like providing those who come to your marae with food.

This principle relates to the KEY CHARACTERISTIC OF TIKANGA that it is

FOR THE COLLECTIVE BY THE

COLLECTIVE

.

If you don’t show Manaakitanga personally, people will not only say you were a bad host personally,

but they will actually say your whole iwi was a bad host.

Failure to show this principle reflects not just badly on yourself but also everyone else around you

like family, community, iwi etc.