Tikanga

Question 1

First Law

Answer 1

Tikanga is the first law in New Zealand and Maori are tangata whenua: tikanga is part of the values of the New Zealand variety of the common law.

Question 2

Tikanga Maori

Answer 2

A set of values, customs, practices, laws and philosophies that operate within te ao Maori.

Question 3

Wananga

Answer 3

A Maori method of teaching and learning.

Question 4

Common Law

Answer 4

We mean the common law of the courts. An adaptation of the English Law.

Question 5

Kupe

Answer 5

Kupe was the first man to find New Zealand. He arrived by waka and decided that he would install his values into the land.

Question 6

Whanaungatanga

Answer 6

The defining principle - “The glue that held, and still holds, the legal system together”.

Question 7

Mana

Answer 7

Authority, control, power and leadership.

Question 8

Tapu

Answer 8

Sacred, respect.

Question 9

Utu

Answer 9

Reciprocity, a notion of revenge?

Question 10

Kaitiakitanga

Answer 10

Stewardship, guardianship. Relationship to the land.

Question 11

Marae

Answer 11

Everyone can speak, everyone stays until a consensus is found.

Question 12

Runanga

Answer 12

Council, tribunal council, assembly, board, iwi authority.

Question 13

Te Runanga o Ngai Tahu Act 1996

Answer 13

Body corporate, power to purchase, hold, transfer property, to sue and be sued, having all the rights and powers of a natural person.

Question 14

International Law - 1

Answer 14

A nation discovering land with no proper owner may acquire sovereignty and property… will be recognised by the law of the nations so long as the nation takes actual possession.

Question 15

International Law - 2

Answer 15

Does it matter if the land is already inhabited?

Question 16

International Law - 3

Answer 16

Not if the other nations are ‘erratic’ with a ‘scanty population’, ‘incapable of occupying the whole’, ‘unsettled habitation’, ‘savages’ who made ‘no actual and constant use’ of the land.

Question 17

De vattel’s theory

Answer 17

Each state has the right to govern their own land without external interference. Sovereignty is foundational to this.

Question 18

He Whakaputanga

Answer 18

1835 - All sovereign power and territory resides entirely in the chiefs in their collective capacity. Our declaration of independence.

Question 19

Treaty of Waitangi

Answer 19

February 6th 1840.

Question 20

May 1840

Answer 20

Hobson declares sovereignty over NZ.

Question 21

November 1840

Answer 21

New Zealand becomes a colony.

Question 22

R v Symonds

Answer 22

1847 - “Maori customary rights are recognised”.

Question 23

Native Lands Act

Answer 23

1865. The land is removed from under Maori law and centralised under common law.

Question 24

Wi Parata

Answer 24

1877 - “A simple nullity” because it cannot bring into something that does not exist. Maori cannot cede sovereignty if they never had it.

Question 25

Baker v Nireaha Tamaki

Answer 25

1901 - Wi Parata was too late in the day to establish that Maori never had sovereignty. This was the first superior decision not acknowledged by a lower court.

Question 26

Ninety Mile Beach

Answer 26

1963 - Overlooked Baker - Keeps the decision in Wi Parata alive. Maori cannot own land if their property rights had been previously extinguished.

Question 27

Treaty of Waitangi Act

Answer 27

1975 - First legislation to confirm Te Tiriti as a legal document.

Question 28

State Owned Enterprises Act

Answer 28

1986

Question 29

Foreshore and Seabed

Answer 29

2003

Question 30

Marine and Coastal Act

Answer 30

2011

Question 31

Peter Ellis Case

Answer 31

2017

Question 32

Taranaki Maunga + Whanganui river given personhood.

Answer 32

2019 - 2020.

Question 33

Imperium

Answer 33

Sovereignty, empire and power.

Question 34

Dominion

Answer 34

Domain, land, property, ownership.

Question 35

New Zealand’s Constitution

Answer 35

1. Unwritten. Not one single document.
2. Not entrenched.
3. Not supreme.