TIKANGA EXAM.docx-TIKANGA What is Tikang...
TIKANGA_EXAM.docx-TIKANGA What is Tikanga Maori? 
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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 Tikanga Maori? 
Page 17
But what about when a rahui is not put in place by the legislaon?
Rahui – White Island Erupon
NZ Herald
The marime exclusion zone at Whakaari/White Island will be removed by Bay of Plenty Regional Council
Harbourmaster at 6pm tomorrow.
This was removed to allow people back into the water.
However, the Rūnanga o Ngā Awa advises the
rāhui (temporary ritual prohibion) placed over the Ngā
Awa customary coastal marine area for fishing and gathering kai moana (seafood) remains in place unl
further noce.
Te Rūnanga o Ngā Awa chair and Ngā Awa cultural expert Dr Hohepa Mason says
because two vicms are
sll unaccounted for and are possibly in the ocean the rāhui on fishing and gathering kai moana remains.
Rahui remained for a further 9 days aſter exclusion zone liſted. Most people did not abide by the rahui according to
Maori, as fishing boats returned to the water straight aſter the exclusion zone was removed.
Tikanga and the Environment in the legal system
In relaon to kanga and the state legal system,
what is clear is Māori will connue to act as kaiakitanga
regardless of the state posion due to the connecon to mana.
Waitangi Tribunal
One example is the
Waitangi Tribunal -
can hear claims of breaches of the Treaty with respect to environmental
rights. A forum. Tradionally included lots of treaty issues. However recommendaons from the WT are not binding
on government.
Eg Kaituna River/sewage claims - pipeline was going to discharge sewage into a stream, members of iwi and
hapu objected due to polluon and as kaiakitanga.
WT held there were praccal alternaves and it was a
breach of the Treaty. Ulmately resulted in finding an alternate method of disposal.
WT listen to the tesmonies by the Kaiaki who explain 1. the breaches to Tikanga, 2. the environmental impact as whole. The
tribunal then makes a recommendaon to the crown which they may or may not follow.
Tribunal is a forum to try and make the Crown act -
Crown can essenally pick and choose what they want to listen to from the WT
So WT is viewed as a qualified tool that can incorporate kanga into the state-legal system. It can
make these recommendaons to the Crown, but as menoned, these are essenally qualified
because the Crown has the discreon whether to accept them or not.
This again reflects the idea of weak pluralism. There are statutory processes in place allowing for aspects of Tikanga maori to be
recognised within the western legal system, but again these only go so far. They may end up having no legal effect. Sort of seems
like a ‘window dressing’ by the legislature. Ticking the box of recognising Tikanga Maori but giving it no praccal weight. (note
this is similar to the executor being able to consider Tikanga principles in the case of Maori burial pracses, but then being able
to decide whether or not to apply them)
Resource Management Act 1991
Secons 6(e), 7(a) and 8 of the Resource Management Act 1991 reference kanga Maori and indigenous interests
protected under the Treaty of Waitangi. They also expressly incorporate principles of kanga Māori that are relevant
to the regulaon of the environment (kaiakitanga) in the legislaon

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