laws101 B part 1 - dates, facts and Acts - Leah

Question 1

what was the first Act that referenced Tikanga (Parliament saying its relevant)

Answer 1

Oranga Tamariki Act 1989 (mana tamaiti) and the RMA 1991 (taonga)

Question 2

what section of what act defines “Maori”?

Answer 2

a person of the Maori race of NZ and descendants (all defendants of tribal nations)

Question 3

what did Kupe and his people focus on in their values?

Answer 3

the environment

Question 4

what law of Kupe’s became the Maori legal order?

Answer 4

whanaungatanga

Question 5

what does whanaungatanga mean according to Kupe?

Answer 5

“I belong therefore I am” - kingship is everything; complementarity of the universe

Question 6

what are the 5 reasons why we learn about tikanga/first law?

Answer 6

1. courts say its relevant (Ellis).
2. Parliament says its relevant (Acts)
3. The NZ Law Commission says its relevant
4. NZ Law Society says its relevant
5. Clients want it

Question 7

how far was Kupe’s journey?

Answer 7

3,500km, 4 weeks

Question 8

what did Maori see themselves as besides a “race”?

Answer 8

a series of tribal federated nations (at hapu level not iwi level) - so Aotearoa would have been more like Europe - with the regions more like nation-states.

Question 9

Why do the Maori people think story telling is important?

Answer 9

the drama ensures that the knowledge is contained, recorded and passed down through generations.

Question 10

what is in the stories that the Maori convey?

Answer 10

they find the rules and laws of how to conduct them selves

Question 11

what is personified in all Maori stories?

Answer 11

land

Question 12

What is the story behind Aoraki?

Answer 12

male mountain, travels from Ranginui, does a bad karakia, becomes a mountain, cant go to the top because it is his head.

Question 13

What is Tikanga Maori?

Answer 13

the Maori legal system - it is Maori customary values, practices, laws and principles

Question 13

what obligation is Tikanga?

Answer 13

the obligation to do things the “right way”

Question 13

what does Justice Joe Williams say about Whanaungatanga?

Answer 13

the glue that holds the maori world together

Question 13

what is the Maori worldview shaped by?

Answer 13

Kingship, Collectivism and connection with the environment

Question 13

what goes whakapapa mean?

Answer 13

geneology

Question 13

what are the 6 other values interconnected with whanaungatanga?

Answer 13

kaitiakitanga, mana, tapu, manaakitanga, utu, rangatiratanga,

Question 14

what does Kaitiakitanga mean? what piece of legislation is it recognised in?

Answer 14

stewardship, guardianship - derived from the notion of relationships, responsibilities and obligations one has to their ancestors and environment. Recognised in the RMA. maintain connections + upholding obligations

Question 14

what does noa mean?

Answer 14

to be free from the extensions of tapu, ordinary, unrestricted. to whakanoa - to make something noa.

Question 14

what does mana mean?

Answer 14

authority, control, influence, responsibilities, prestige, power, leadership

Question 15

what does tapu mean?

Answer 15

sacred, respect—the closest thing to law as it controls how we act—tapu and noa are complementary opposites which together constitute a whole

Question 16

what are the three different roles associated with tapu

Answer 16

social (keeping safe), political (leadership, ceremony) and wairua/life-force

Question 17

what does utu mean

Answer 17

equilibrium, balance, reciprocity. seen as a practice of maori law

Question 18

what are the 2 definitions for iwi?

Answer 18

tribal federations but also human boneswh

Question 19

at are the 2 definitions for hapu?

Answer 19

subt-tribe but also to be pregnant

Question 20

what are the 2 definitions for whanau?

Answer 20

extended family but also to be born/birth

Question 21

what does the duel meaning. ofmaori words convey?

Answer 21

shows the interconnectedness in the Maori legal order and how Maori identify as being one with the land

Question 22

what was the driving force in Maori’s legal system?

Answer 22

hapu

Question 23

what does ariki mean?

Answer 23

paramount chief

Question 24

what does rangatira mean?

Answer 24

chief (can be multiple)

Question 25

what does tohunga mean?

Answer 25

skilled person often with particular expertisewhat does

Question 26

what does kaumatua mean?

Answer 26

elder person with status in the whanau, has an important role because of their ages and widsom is highly respected

Question 27

what is the tuakana-teina relationship?

Answer 27

the idea that the older person helps to mentor the younger person. but the younger person can also teach the older person

Question 28

what. isa good example of whanaungatanga at play in recards to unity of decision making?

Answer 28

a decision is not made unless 100% of people agree on the decision.

Question 29

what is runanga?

Answer 29

council, tribal council, assembly, board, iwi authority

Question 30

what are the 2 case studies of Maori law in practice today?

Answer 30

Rahui (to put in place a temporary prohibition) and the lagal personification of land (te Urewara)

Question 31

who was the first known European to find NZ?

Answer 31

Abel Tasman, 1642

Question 32

who was the second known European to find NZ?

Answer 32

Captain James Hook, 1769

Question 33

what is dominion?

Answer 33

who owns the land (control of the land)

Question 34

what is imperium/sovereignty?

Answer 34

who has control and power to make decisions

Question 35

how to acquire territory? and what do you then claim?

Answer 35

put flag down, bury currency or leave peopel from their boats to occupy the land - then you would claim DOMAIN and EMPIRE. however you dont always become the owner of land when you acquire sovereignty

Question 36

what are the 3 ways that imperium can be acquired if land is already inhabited?

Answer 36

1. cession. 2. conquest. 3. discovery.

Question 37

what is the way that you acquire dominion/property on land already inhabited?

Answer 37

dotrine of native title BUT if prior people were not considered civilised then they could take it.

Question 38

what are the 5 points of de vattel’s theory?

Answer 38

it would not ma tter if the land was already inhabited if: 1. the other nations were “erratic”. 2. it had a “scanty population”. 3. such population were “incapable of occupying the whol” (ie not sophisicated enough to occupy the whole land). 4. they had “unsettled habitation”. 5. were “savages” who made “no actual and constant use” of the land

Question 39

how many years did the Eruopeans live in NZ under the control of Maori law?

Answer 39

80 years - 1769-1839

Question 40

what happened in 1814?

Answer 40

order by the Governor of NSW stated that no ship shall, without permission of the chiefs, remove natives from NZ or land in or stay in NZ (strong Maori authority being recognised)

Question 41

what happened in 1817?

Answer 41

UK statute explicitly stated that the islands of NZ are not within his majesty’s dominions. so Maori had complete control over NZ

Question 42

what happened in 1772?

Answer 42

French ship arrives in the Bay of Islands, violates Tapu, Maori kill 26 French people, the French then kill 250 Maori

Question 43

what happened in 1831?

Answer 43

a french ship returns and this worries Maori chiefs so they seek help from the British King

Question 44

what happened in 1832?

Answer 44

response from Britain - Busby appointed British Resident to provide better protection for Maori and help them retain sovereignty over their lands

Question 45

what happened in 1833?

Answer 45

instructions were given to Busby to rescue Maori from evils