Tikanga

Question 1

Normative Framework

Answer 1

1. Structural
2. Relational
3. Responsibilities
4. Prescriptive
5. Procedure

Question 2

Structural norms

Answer 2

Relationship and connection, starting point for everything

Whakapapa: genealogical map that connects all things

Whanaunatanga: activated connections; glue that holds the system together

Question 3

Relational Norms

Answer 3

infrastructure of jural relations - principles that give authority to act
Mana: dynamic (can be lost or gained) source of rights that imposes obligations
- Mana Atua: sacred spiritual power from the atua
- Mana Tipuna: mana from ancestors
- Mana Whenua: authority over land etc.
- Mana Tangata: authority from the people

Tapu: inherent integrity, power to impose restriction

Noa: state of safety, power to free from restriction

Question 4

Responsibility norms

Answer 4

Kaitiakitanga: responsibilities/obligations in relationship with natural world

Manaakitanga: responsibilities/obligations in relationship with others

Aroha: compassion, respect, love

Atawhai: kindness, caring

Question 5

Prescriptive norms

Answer 5

Utu: response and reciprocity

Ea: state of resolution (does not need to mean everyone agrees, but there is resolution)

Mauri: obligation to care for the intrinsic value (e.g. if. A bird falls out a tree you should help)

Question 6

Procedures

Answer 6

Kawa: behaviour, practices (procedural rules that guide our behaviors)

Example: Powhiri, wananga, hui, runanga, hohou I te rongo (peace making process)

Question 7

He Poutama’s guide for applying tikanga

Answer 7

1. Identify the tikanga
   ○ What is the cause of the dispute, what structural principles might be at play
   ○ What relational tikanga is engaged. How is mana engaged and what is its source
   ○ Which responsibilities are at play
   ○ The take (issue or matter) in the context, what utu is necessary and how might ea be achieved
   ○ What other tikanga might be relevant
2. Identify relevant korero tuku iho and related mātauranga (knowledgeable people)
3. Identify other similar situations, is it a whanau, hapu, or iwi level, are there previous similar situations

Question 8

Sweeney v Prison Manager, Spring Hill Corrections Facility [2021]:

Answer 8

Courts may have an obligation to recognise and uphold tikanga in judicial review cases.

Question 9

Trans-Tasman Resources Ltd v Taranaki-Whanganui Conservation Board [2021]:

Answer 9

Tikanga-based customary rights and interests can be “existing interests” in legislation.

Tikanga must be considered as “other applicable law” under relevant legislation.

Question 10

Te Pou Matakana Ltd v Attorney-General [2021]:

Answer 10

Have regard to tikanga when applying treaty principles

Whanaunatanga does not have to be a direct familial connection. When operating in tikanga Maori way you have an obligation to honour Whanaunatanga.

Question 11

Ngati Whatua

Answer 11

If conflicting interests between parties, parties must resolve the conflict themselves. not up to courts to decide which tikanga applies

Question 12

Ellis

Answer 12

regardless of the involvement of the treaty in the statute a tikanga argument can be made in relation to decisions effecting tangata whenua