MAORI - applying the tikanga norms

Question 1

ellis tell us that where an act references the treaty or treaty principles…

Answer 1

tikanag maori cna be incorperated into the courts analysis as article 2 of the treaty gurantees maori to live accoridug to tikanga, so statutes should be interpreted consistently with thsi

Question 2

ellis tells us where there is NOT. a treaty or treaty principle in the legisaltion that

Answer 2

there still remians a presumption that legisaltion should be interpreted consistnetly with teh TOW where possible ( presumption of legailty - NWO)

Question 3

what would be a good thing to do in the exam where the TOW are not mentioned

Answer 3

To justify including tikanga, it’s important to recognize how significant this matter is for Māori. Therefore, iwi (tribal) concerns should be considered in the decision-making process.

Question 4

REGARDLESS WHETEHR THERE IS A TREATY/TREATY PRINCILPES IN THE RELEVNAT ACT….

Answer 4

a tikanga argumet can be made

Question 5

what are the tiknaga norms

Answer 5

• structural (connection)
• persciptive ( balance)
• relational (status)
• responsibilty (obliagtion)

Question 6

what are the structural (connection) norms

Answer 6

• whakapapa - the geneoloical map that connects us to everything
• whanuangatanga - creates rights and obliagtions through whakapa

Question 7

what are the persciptive ( balance) norms

Answer 7

utu - repsonse and reciprocity
ea- state of balnace

Question 8

what are the relational (status) normms

Answer 8

mana - source of rights and obligations regarding leadership can be gained or lost based on actions
tapu - inhrent integrity, power to impose restrictions
noa - state of stafety, power to free from restriction

Question 9

what are the responsibilty (obliagtion) norms

Answer 9

• kaitiakitanga - resposibilities and guardianship in our relationship with the natural wor;ld
• manaakitanga - resposibilities and obliagtions of stewardship and gurdianship in our relationshop with other people

Question 10

justice chritine whata method

Answer 10

1. what are the key facts
2. what is the cause of the dispute? what are the violations of tiknaga
3. how are the structural + perscriptive effected, whos effected
4. what relational norms norms are engaged, what responsibiltes at play
5. what kawa may resolve the isue

Question 11

j

justice chritine whata method is derived from

Answer 11

the take (issue) utu (repsonse) ea (restoration) process