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TIKANGA EXAM.docx

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TIKANGA EXAM.docx-TIKANGA What is Tikanga Maori? 

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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 -

BUT NOT BINDING ON GOVERNMENT



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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