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TIKANGA EXAM.docx-TIKANGA What is Tikanga Maori?
TIKANGA_EXAM.docx-TIKANGA What is Tikanga Maori?
TIKANGA EXAM.docx-TIKANGA What is T...
TIKANGA_EXAM.docx-TIKANGA What is Tikanga Maori?
Page 1
TIKANGA
What is Tikanga Maori?
Tikanga Maori is the first law in NZ and is part of a broad view that Maori have within the world. Defined by
TTWMA 1993 as Maori customary values and pracces
Ani Mikaere-
The word kanga is derived from the root word “
TIKA
”
meaning straight, correct or fa
ir and
the addion of the suffix “
NGA
” renders it a noun, which can then be translated as a
system, value or
principle which is correct, just or proper
Not a stac system, but rather a fluid system – pragmac and can evolve over me.
Tikanga is encompassing. It includes PRINCIPLES, VALUES, ELEMENTS AND CONCEPTS and HOW YOU ENFORCE
THOSE PRINCIPLES (rules)
•
Includes procedures and protocols and rules
informed by the values etc
•
Compared to the state legal system, generally
Tikanga
INCLUDES ALL THE MORAL/EXTRA-
LEGAL CONSIDERATIONS that generally
precede the wring of the legislaon
. Less of
a posivist perspecve,
the principles etc are
inmately connected to the praccal
consequences under kanga.
•
Contrast with state law
where the values/principles do not form part of the actual law. Principles/values
behind state law are not always known.
State Law v Tikanga Maori
Legislaon can directly conflict with Tikanga Maori
a predicament that many Maori face.
This is a big predicament for Maori
as there is a direct collision with their Tikanga Maori (all the rules, norms,
principles etc that they were taught and grew up with) and state created legislaon.
Key Characteriscs
•
OPERATES ACCORDING TO
VALUES, FUNDAMENTAL PRINCIPLES AND NOTIONS OF IDEAL CONDUCT
•
Has
REGARD TO ANCESTRAL PRECEDENTS
•
Related to what Maori ancestors have done historically. Thus, many kanga have been around for
generaons.
•
Passed on through
ORAL TRADITION
•
Oral tradion is where history is passed on through word-of-mouth rather than wrien down.
•
FOCUS ON THE COLLECTIVE
not the individual
•
NOT ENFORCED BY THE STATE
- Ground up law. Absence of judges, courts etc. to enforce Tikanga on anyone.
•
Flexible Applicaon – much easier to modify compared to state law. Can be problemac from an outside
view but also beneficial. Need for flexibility is also because of the environment we live in and how this
changes.
•
E.g. due to Covid, hongi was changed in order to keep people safe. Tikanga’s flexibility allows for
such rules/pracces to be changed easily.
•
PRAGMATIC
•
Can evolve, like all legal systems, to deal with the me
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