Tikanga

Question 1

Tikanga is…

Answer 1

The first law of NZ
It is a set of values, customs, practices and laws that operate within Te Ao Maori/ the Maori Word.

Question 2

What are the similarities of the NZ and English legal systems?

Answer 2

Same institutions
Same methods
Lawmaking by an elected legislature
Trial by jury
Precedent based decision making - rather than relied on code.

Question 3

What are the differences of the NZ and English legal systems?

Answer 3

NZ has no seperate court of Equity
NZ has a unicameral legislature (1 chamber = House of Reps)
NZ has more flexibility through there being no distinction between Solicitor and Barrister

Question 4

What is the basic explanation of English arriving in NZ (what happened)?

Answer 4

1. English common law arrived with settlers and crown
2. This contained a doctrine which recognises pre existing local customs and laws.
3. This meant that Tikanga didn’t disappear and they lived alongside eachother peacefully
4. The crown then took over all ownership and title of land by dominion.
5. This left Maori with land and Tikanga attatched to it.
6. But overtime, they used legislation to extinguish their land rights
7. This left the crown with land and legal title, obtained through legislation.

Question 5

What is Tikanga based on?

Answer 5

Values, instead of rules

Question 6

The defining principle of the Tikanga legal system is

Answer 6

Whanaungatanga/ Kinship

Question 7

Who was, from the Maori perspective, the first person to discover NZ?
And what did he say?

Answer 7

Kupe
“He ao he ao he Aotearoa”

Question 8

Whanaungatanga =

Answer 8

Informs human relationships with physcial + spiritual world
‘Family’ is broad - inclusive of many things like kiwi, mountains, iwi etc.
Means extended family, relationships and responsibilities
–> Don’t own anything, instead have a relationship with it

Question 9

Good quote: “Whanaungatanga is the …. that….”
Who says this?

Answer 9

“Whanaungatanga is the glue that holds the Maori world together” - Justice Joe Williams

Question 10

What are 4 others values

Answer 10

1. Mana = authority, control, influence, prestiege and power
2. Tapu = sacred, respect, different roles
3. Utu = reciprocity, trying to maintain a balance between good and bad
4. Kaitiakitanga = stewardship and gaurdianship.

Question 11

Abel Tasman did what?
Vs
James Cook did what?

Answer 11

Sights NZ and names it

Circumnavigates it and maps it

Question 12

What is the easiest way to gain empire and domain of land?

Answer 12

When you are the first people on the land

Question 13

What do you have to do to claim empire and domain of land when your the first people there?

Answer 13

Display a permanent residence through putting flag and burrying money etc

Question 14

Can you still still take property and soverignty if you are not the first people on the land? How?

Answer 14

Yes, if the current occupier is erratic with a scanty population
Savages who make no actual constant use of land

Question 15

Imperium =

Answer 15

Sovereignty

Question 16

Dominion =

Answer 16

Property/ land rights

Question 17

Cession =

Answer 17

Giving up rights consensually

Question 18

BASIC events of English collonisation to NZ (1-2 word answers)?

Answer 18

1. 80 years of Maori and English living alongside
2. British reconised soverignty
3. French influence
4. Independance of NZ
5. Change in language towards Maori
6. Letters Patent
7. Britian issues instructions to aknowledge NZ as soverign
8. Govenor Gipps Proclamations
9. Treaty signing
10. Hobsons Proclamations
11. Ratification of Hobsons Proclamations

Question 19

What was the key difference between The Treaty of Waitangi and Te Tiriti O Waitangi?

Answer 19

Te Tiriti O Waitangi:
No cession is ceeded by Maori, they retain imperium and dominion
The Treaty of Waitangi:
Cession is ceeded by Maori, but Maori retain property

Question 20

What are the 3 ways to gain soverignty?

Answer 20

1. Session = giving up rights
2. Discovery = first there, putting flag and money
3. Conquest = force

Question 21

Why is Tikanga important in common law?

Answer 21

Continues to regulate lives as it is the first law and reflects values older than our nation
Enduring
Shaped broader values of soceity
The common law must serve all - including Maori
It has been applied by the courts as a source of enforcable rights for many years.