10347v6a Learners Guide 1

US 10347 v6a
Learner’s Guide
LEGAL STUDIES
Unit Standard 10347

Version 6 | Level 3 | Credit 5
Demonstrate knowledge
of the development of
the New Zealand legal
system
Licensed to:
Western Heights High School
2018 - 6a © ATC New Zealand
www.instant.org.nz
i
US10347v6a Learner's Guide Licensed to Western Heights High School

Demonstrate knowledge of the development of the 31012018-US10347-128726 INSTANT Education Solutions
New Zealand legal system 6a © ATC New Zealand www.instant.org.nz
ii
About this
Learner’s Guide
Learning Purpose & Outcomes
In this guide, you will learn about the key elements of the New Zealand legal system.
This guide covers a wide range of different aspects in relation to the New Zealand legal system,
including the following.
• The importance of pre-European Māori law.
• The English heritage of the New Zealand legal system.
• The general development of the New Zealand legal system.
• How the New Zealand legal system is evolving to reflect changes in New Zealand society.
As this guide covers such a wide range of topics, it is important that you work through it slowly
in order to make sure that you have understood all of the concepts that have been introduced. A
range of activities have been provided to help with comprehension.
A glossary containing technical or legal terms has been included at the end of this guide. Words
included in the glossary have been highlighted.
Licensed to Western Heights High School US10347v6a Learner's Guide

31012018-US10347-128726 INSTANT Education Solutions Demonstrate knowledge of the development of the
6a © ATC New Zealand www.instant.org.nz New Zealand legal system
iii

1
Contents
Pre-European Māori Law 2

The basis of law for pre-European Māori 3
The role of the Rangatira 5
How actions were governed by pre-European Māori 8
Pre-European land law 11
Pre-European dispute resolution 13
The English heritage of the New Zealand legal system 15

Types of law in the New Zealand legal system 16
Transition of power to the common people 20
Law as a social contract 23
The development of the New Zealand legal system 25

The Treaty of Waitangi 26
Problems with interpretation and translation of the Treaty of Waitangi 28
The influence of the Treaty of Waitangi in the New Zealand legal system 31
Important laws in the development of the New Zealand legal system 35
The movement towards a uniquely New Zealand legal system 38

The New Zealand Supreme Court 39
Increased use of marae justice 43
Glossary 47

2
LESSON 1:
Pre-European
Māori Law
Learning Objectives
In this lesson, you will learn about law that was practised by Māori A space has been left
before Europeans arrived in New Zealand. Certain aspects of pre- on the right of every
European Māori law are still practiced by Māori today. You will learn page for you to make
notes about what
about the following: you are learning.
The basis for law for pre-European Māori
The role of Rangatira
How actions were governed by pre-European Māori
Pre-European land law
Pre-European dispute resolution.
Important Note
This section focuses on Māori customs and law during
the time before Europeans arrived in New Zealand. It is
important to note that many of the concepts discussed still
have relevance for Māori today, although the approach and
use of these concepts may have evolved or changed over time.
The use of Māori customs and laws in modern times is not
covered in this lesson.
Also, this section describes general Māori customs. These
customs may not apply to all iwi or hapū in and around New
Zealand. At the end of this lesson, you will have the opportunity
to answer questions based on the rohe or takiwā that you live
in. Answering these questions is optional.

3
LESSON 1: Pre-European Māori Law
The basis of law for

pre-European Māori
Before Europeans arrived in New Zealand, Māori had their own

unique system of law. This system was very different to European
law. However, it was able to ensure law and order in Māori society.
Certain aspects of pre-European Māori law are still applied in New
Zealand today by Māori communities.
There are two key concepts that form the basis for law for pre-
European Māori.
Tikanga
Tikanga refers to the beliefs, values, and customs that maintained
law and order in Māori society in pre-European times. Each Māori
iwi had a different approach to tikanga. According to the Māori
Customary Legal Dictionary, tikanga has the following meanings.
Custom
Anything
normal, usual, Habit
or customary
Meanings of
tikanga
Method Rule
Plan
Example of tikanga
Ōhākī: The practice of listening to a dying person's final words and following these is an
example of tikanga. Ōhākī are listened to with much seriousness. People try to follow the
ōhākī of the deceased person as closely as possible.

4
Kawa
Kawa is a concept closely linked to tikanga. Whereas tikanga
focuses on the theory or philosophy of the way to do things, kawa
focuses on the practical implementation of this. It outlines specific
processes and protocols that need to be followed.
Example of kawa
Marae protocol is an example of kawa. The specific protocol
for pōwhiri (welcoming ceremonies) and mihimihi (speeches)
is governed by kawa. People who are involved in different
aspects of the marae need to make sure that they follow
these different aspects of kawa.
Answer the questions that follow.

Try it for
1. What are the two key concepts that form the basis of
Yourself
pre-European Māori law?
2. What is the difference between tikanga and kawa?
3. Give an example of tikanga.
4. Give an example of kawa.

5
The role of the Rangatira
Māori tribes are divided into three main groups:
iwi (tribe) hapū (sub-tribe) whānau

(family group)
Within each hapū, there were one

or more Rangatira (chiefs).
Role of the Rangatira

The role of the Rangatira (chief) can be explained in terms of his
mana (prestige, authority, or power). Mana is believed to come from
the gods. In pre-European times, the mana of the Rangatira was
thought to rest over his territory, which usually included his own
ancestral lands as well as rights to use the land and fish the water of
the hapū living under his mana.
Mana could be of several levels, with higher-ranking chiefs having
greater mana and lineage. However, it was a two-way arrangement
between Rangatira and the community. The Rangatira’s position of
authority was dependent on the continuing support of the hapū. An
ineffective leader, or a leader without mana who did not have the
support of the hapū, would most likely be replaced.
What do Why do you think Rangatira were important in pre-

You Think? European times?

6
The relationship between Rangatira and tikanga

The following points highlight the relationship between Rangatira
and tikanga.
Enforcement of tikanga: Rangatira

played an important role in
reinforcing tikanga and generally
maintaining law and order within the
hapū.
Guidance: Rangatira would refer
to tikanga when deciding on what
action to take in a certain situation.
Restoring
relationships: Rangatira played a
significant role in addressing hara
(offences) and restoring relationships.
They referred to tikanga to find
solutions to certain relationship
problems.
Representation: Rangatira would
act on behalf of the collective group.
They would follow tikanga as they
represented the hapū.
Secure production
of goods: Rangatira would secure
the production of goods in order
to meet certain tikanga-based
obligations, including hospitality and
the returning of gifts from other hapū
and iwi.
Propose a course of action:
Rangatira would propose a certain
course of action based on tikanga
and the hapū would discuss it.
Some members of the hapū might
approve of it and follow him, while
others might refuse to do so, in
which case the Rangatira had no
power to coerce them.

7
Insert the correct word into each of the following

Try it for sentences. A list of words to choose from has been
Yourself provided below.
hapū goods restore
tikanga guidance
1. Rangatira would secure the production of in order to meet
certain tikanga-based obligations.
2. Rangatira would refer to tikanga for when considering a certain
course of action to take.
3. Rangatira were responsible for enforcing among the hapū.
4. Rangatira would represent the in a way that complied with tikanga.
5. Rangatira would follow tikanga in order to any relationship
problems within or outside the hapū.

8
How actions were governed

by pre-European Māori
In pre-European times, actions were governed by Māori in a way

that is very different to the way actions are governed in modern New
Zealand society.
Actions were governed by the following concepts:
Tapu Noa Hara Rāhui
Tapu
The usual meaning of tapu is ‘sacred’ or ‘prohibited’. However,
the meaning of tapu is complex. Tapu can have different meanings
depending on the different contexts in which the term is used.
Some meanings of tapu

Here are some of the contexts within which tapu is used in
Māori society.
• Prohibition: i.e. no trespassing, not allowed, illegal.
• Unclean: e.g. female menstruation, blood, bodily
functions, etc.
• Waahi tapu: sacred sites (e.g. churches, other places of
worship, graveyards, etc).
Read the following about tapu.
There is an important link between tapu and Māori spiritual beliefs.

The law of tapu is intended to protect the mauri (life-giving essence)
of all things. Tapu was given to the gods and placed into the care of the
high priests.
The influence of spiritual belief had an important influence on
controlling the behaviour of people in Māori society. They believed
that bad things could happen to those who purposely ignored the
restrictions and prohibitions of tapu. Tapu rules were to be respected
and followed to avoid misfortune.
Tapu was (and still is) used to regulate behaviour in Māori society. For
example, on the marae there are rules about where food can and cannot
be eaten, and where drinks can and cannot be consumed. The whare
tipuna (meeting house) is tapu and food must not be eaten in there.

9
Try it for Refer to the information about tapu on the previous

Yourself page. Answer the following questions.
1. What is the law of tapu intended to protect?
2. Who was tapu placed under the care of?
3. What did Māori believe could happen if tapu was not followed?
4. Is tapu still used today? If so, what is it used for?
5. Give an example of how tapu is used today.

10
Tapu and Noa

Noa is the opposite of tapu. Noa means common, free of tapu, or
free from restriction.
Example: The whare kai (eating house) is noa (free from tapu).
When tapu is removed, things become noa; the process by
which this happens is called whakanoa.
Tapu and Hara

Hara means a crime or offence. Any disrespect or infringement of
tapu constituted a hara. Hara took many forms in Māori society. A
crime would not only bring shame on the offender, but also on the
offender’s community. Māori justice aimed to restore both the victim
in terms of their loss and the offender (and the offender’s whānau
and hapū) in terms of their shame and loss of mana.
Example: Murder is hara. Murder was considered a serious

infringement of tapu and was often punishable by death.
Tapu and Rāhui

Rāhui is a form of prohibition or ban based on the rules of tapu. Rāhui
can also have the meaning of a sign or warning to keep people away
from an area. The most common use of a rāhui is to set aside a place
for a specified time or to reserve land for a specific purpose.
Example: Many Māori tribes use a rāhui to conserve or replenish a

resource, such as shellfish. When a rāhui is placed upon a river,
lake, forest, or harbour, people are banned from using these
resources for a certain period of time (or even permanently).
Try it for Identify the correct Māori term for each of the definitions
Yourself below.
1. A crime of offence.
2. A prohibition.
3. Free from tapu or restriction.
4. Prohibited, restricted, sacred.

11
Pre-European land law
The concept of land and land usage was, and still is, very different
for Māori when compared to European land usage. There are three
main concepts of land usage for Māori.
Take Take Take whenua

tupuna raupatu tuku
Take tupuna
Take tupuna refers to land inherited
from one’s ancestors.
1. This right in the land also
provided inherited mana in the
land.
2. The land had to be passed down
from generation to generation
with continuous occupation of
the land.
3. The right of hapū or iwi to the
land could be questioned or
challenged where descendants
had lived in other areas and had
not physically occupied the land.
Take raupatu
Take raupatu is the right of ownership by confiscation or conquest.
1. Raupatu gave occupation in the land, but it did not
necessarily give mana in the land.
2. Raupatu was considered to be a less secure right in the land
as it could be removed when the defeated people returned
and sought utu (retribution).
Take whenua tuku

Take whenua tuku refers to gifting of land.
1. The tuku (gift) confirmed the rangatiratanga or ownership of
the land by those who were gifting it.
2. Land was sometimes given to allies, or to cement a peace.
People who received the tuku were expected to support their
hosts, and contribute labour and food when requested.

12
3. The land could be passed on to the recipient’s descendants,

but it was not to be passed on to third parties.
4. Māori would sometimes gift land to European settlers. This
was common where male settlers married Māori women.
Try it for Select the correct land ownership concept based on the
Yourself sentences below.
Statement Correct concept
Land that was confiscated or taken by conquest.
Land that could be passed on to the recipient’s descendants, but it

was not to be passed on to third parties.
Land that was inherited from one’s ancestors.
The right of access to the land could be challenged if descendants

were not physically living on the land.
Māori would sometimes give land to settlers as a gift.
The mana in the land was not necessarily available.

13
Pre-European dispute resolution
Māori dealt with disputes and other problems in a very different

way to the traditional British model. Two key concepts of dispute
resolution where applied in pre-European times in New Zealand.
Utu Muru
Utu
Utu is referred to as the principle of reciprocity or of equivalence.
Purpose
The main purpose of utu is to retain and preserve relationships. So,
when an offence has been committed, utu is the price the offender
has to pay for their crime in order to ‘restore the balance’ between
the offender and the person they have offended against.
Different meanings
The word utu can have different meanings, depending on the crime:
revenge, recompense, reward, price, payment or repayment in
goods; in some cases, it also included battle to the death.
Affects the whole community
Major offences were considered to be a breach of tapu, which
affected not only the individual, but the whole community within
which the individual lived. The utu was then not only applied to the
individual responsible for the offence, but also to their community.
Muru
Muru means to take or confiscate personal property.
Purpose
The purpose of muru is to wipe out a mistake and to forgive the person
who committed the mistake. Once the muru has been performed, the
matter is closed and the mistake or the offense is wiped out and forgiven.
General uses
Muru was used for minor offences, such as theft. It could also be
used even when an unintentional offence had been committed, such
as accidental death.
How is muru different to utu?
Once muru has been performed, the issue is considered to be over.
However, the nature of utu is much more cyclic because it has to
do with the maintenance of equilibrium between persons/peoples.
So, if utu is sought by one hapū/whānau against another, then the
recipients of the utu would need to respond accordingly, and so the
cycle would continue.

14
Try it for What are the main differences between muru and utu?
Yourself Explain in your own words.
If you belong to a specific iwi or hapū, you should

answer the following questions about Māori law in
Discussion the local rohe or takiwā that you live in. Discuss the
following questions with your class.
1. Explain some of the roles of tikanga in your local iwi, hapū, or whanau.
2. Explain some of the roles of kawa in your local iwi, hapū, or whānau.
3. What is the role of Rangatira in your local iwi, hapū, or whānau?
4. How does tapu govern conduct in your local iwi, hapū, or whānau?
5. How does tapu relate to hara in your local iwi, hapū, or whānau?
6. How does tapu relate to noa in your local iwi, hapū, or whānau?
7. How does tapu relate to rāhui in your local iwi, hapū, or whānau?
8. Explain the different concepts of land ownership in your local iwi, hapū, or
whānau. Refer to take tupuna, take raupatu, and take whenua tuku.
9. Explain the concepts of utu and muru. How are they applied in your local iwi,
hapū, or whānau?

15
LESSON 2:
The English heritage of the

New Zealand legal system
Learning Objectives
In this lesson, you will learn about the English origins of the New
Zealand legal system. In particular, you will learn about the following.
Types of law in the New Zealand legal system
Transition of power to the common people
Law as a social contract

16
LESSON 2: The English heritage of the New Zealand legal system
Types of law in the New

Zealand legal system
There are three main types of law in the New Zealand legal system
that have been inherited from the English legal system.
Customary Common Equity

law law
Customary law
A custom is a common practice that a certain community of people
follow. Customary law is the long-established customs (standards of
community) that the general population regards as law. Customary
law is recognised because each individual acknowledges the
benefits of behaving in accordance with other individuals’
expectations. Customary law is not backed or supported by an
institution – it is an unofficial type of law.
Example: The customary law of

‘long usage’ in England
English common law recognises
‘long usage’. It basically states that
if something has been done for a
long time without objection, the law
will recognise this fact (i.e. it will
be established in law). A person
occupying land without title may
continue to do so as a legal right if there have not been any
objections to them occupying that land for a long period of time.
How does customary law feature in New Zealand law?

Many customs that were considered as customary law have now
been implemented into statute law in New Zealand. New Zealand
has also given recognition to the importance of Māori customary
law, which is considered to be part of New Zealand common
law. As the Māori Land Court is now itself a court of New Zealand
common law, it has the scope to apply Māori customary law under
its general jurisdiction.

17
Common law
Common law is law developed by judges, courts, and other
organisations that make legal decisions. Common law is based on
legal ‘precedent’. This means that legal decisions made by judges
are based on previous legal decisions that were made by judges in
similar situations. When a judge makes a decision about a particular
case, they will refer to previous similar cases (precedent) in order to
justify their own decisions.
Example: The ‘snail in the bottle’

case (Donohue v Stevenson)
Mrs Donohue was drinking a
bottle of ginger beer in a café in
Britain. There was a dead snail
in the bottle and Mrs Donohue
claimed she fell ill because of
this. She sued the manufacturer
of the drink (Stevenson), stating
that he had a duty of care to ensure the safety of people who
would drink the product. This case was unique because in
the past negligence could only be proved if there was a direct
relationship between the two parties. In this case there was no
direct relationship (as the bottle of ginger beer was sold to the
café, and the café sold it to Mrs Donohue). The judge in this
case found that Stevenson had a duty of care to Donohue, as he
could reasonably foresee that a customer could be affected by a
snail in the bottle.
This case is important, as it started the law of modern
negligence. Similar cases have all been based on the principles
in the Donohue v Stevenson case. The principles in the case
have been further refined to suit specific situations and cultural
changes. This is an example of common law in action.
How does common law feature in New Zealand law?

New Zealand inherited the common law system from Britain. New
Zealand originally followed and referred to many British cases as
precedent. Today, judges in New Zealand still use common law
principles to make decisions on cases.
Many New Zealand statutes have incorporated English common law.
For example, the New Zealand Bill of Rights Act 1990 confirms the
importance of certain common law rights, including the right to be
free from unreasonable search and seizure.

18
Equity
In the Middle Ages, the common law system became thought of as
harsh and inflexible. The system of Equity (Court of Chancery) was
an informal court set up to provide justice, based on the principles
of fairness. Equity is based on principles of justice, fairness, ethics,
and morality.
Example: Family trusts

A family trust is a legal way to
protect assets, based on the law
of equity. When someone forms
a trust, they sell all their assets
to the trust. They elect a trustee
(a third party) to look after all the
assets in the trust for the benefit
of beneficiaries (usually family
members of the person who formed
the trust).
A trust makes sure that even if the person who formed the trust
is facing legal problems, the assets that they owned cannot be
taken from them or their family because they have been handed
over to the trust.
How does equity feature in New Zealand law?

Many of the remedies used by the New Zealand Courts have their
foundations in the principles of equity (ie fairness and justice)
established by the Court of Chancery in England.
Examples of equity in New Zealand include specific performance (a
remedy requiring a party to fulfil a promise) and injunction (a remedy
either preventing or requiring certain actions). The law of trusts
used in New Zealand (as outlined in the example above) is another
development that evolved from equity law in England.

19
Select which type of law is being mentioned in each of

Try it for the statements below. You may choose from:
Yourself • customary law
• common law
• equity
Statement Type of law
Law that was developed by judges, courts, and other organisations

that make legal decisions.
An example of this law in New Zealand includes specific

performance (a remedy requiring a party to fulfil a promise).
The long-established standards of community of a particular place

or locale that the population regards as a legal practice.
A system that was developed because the common law system

became thought of as harsh and inflexible.
New Zealand originally followed and referred to many British cases

as precedent.
An unofficial type of law.

20
Transition of power to
the common people
One of the most important features of English legal history is the

development of English statutes which illustrate the gradual shift in
power from the Monarch to the common people, beginning in the
13th century. These statutes also made an important contribution to
New Zealand law.
We will look at two key statutes, which are common to both English
and New Zealand law.
Magna Carta 1297 Bill of Rights 1688
Magna Carta 1297

Magna Carta is Latin for ‘Great Charter’. On Monday 15 June
1215, King John, Monarch of England, met with his Barons
in a meadow called Runnymede, near the River Thames.
The Barons made a number of demands which the King duly
accepted. The Magna Carta was negotiated by the Barons in
an attempt to prevent civil war over the heavy tax burden King
John had imposed on the Barons. (The Barons had taken up
arms against John and captured London in May 1215).
The ‘Articles of the Barons’ were formed into a document
known as the Great Charter or Magna Carta. Once the
Great Seal (the King’s Seal) was affixed, copies were sent
throughout the realm to castles and cathedrals so that “all
men would know and keep it well.” The Magna Carta is a
landmark legal document which established for the first time
a very significant constitutional principle: that the power of
the King could be limited by a written grant.
The liberties and freedoms of the Magna Carta have been
passed down through the centuries. The wording is of
great significance to law-makers. The document set down
guarantees forever between the Sovereign (The Crown) and
the subjects (you and I).
When the colonists crossed the seas from England and settled
in other lands, they took with them the principles of the
Magna Carta. These principles form an important part of the
law in nations around the world, including New Zealand.

21
Bill of Rights 1688

The Bill of Rights Act 1688 is one of the founding documents of English constitutional law.
It marked the final outcome of the 17th-century political power struggle between the Stuart
kings and the English Parliament.
In 1688, Parliament declared that James II (a Catholic) had abdicated by deserting his
kingdom. William III and Mary II (both Protestants) were offered the throne as joint
monarchs. They accepted the Bill of Rights as a condition for ascending the throne. On
December 16, 1689, the King and Queen gave the Bill of Rights Royal Assent. This
effectively ended the divine right of kings (ie the idea that the King or Queen is chosen and
given the right to rule only by God, and as such is answerable to God alone).
The Bill of Rights was designed to control and limit present and future Monarchs and to make
them subject to laws passed by Parliament. As a result, Parliament could function freely and
without royal interference. The diagram below summarises some of the main provisions of
Parliament’s Bill of Rights 1688, as accepted by William and Mary.
Ensured that the Monarch

maintained the Protestant Prevented the Monarch
religion & vowed that no from interfering with
Roman Catholic could be elections or freedom of
sovereign again. speech.
Prevented the Monarch Affirmed Parliament’s

from suspending or control of taxation and
dispensing with laws legislation.
passed by Parliament.
Made the Monarch subject Confirmed that English

to the laws/decisions of men possessed certain
Parliament. civil and political rights.
Ensured that proceedings Provided guarantees

in Parliament were not against the abuse of
questioned in the courts power which James II and
or in any body outside the other Stuart Kings had
Parliament (Parliamentary committed.
privilege).
Bill of Rights

22
How has the Magna Carta and the Bill of Rights 1688
contributed to New Zealand law?
There are a number of key principles that are applied in New
Zealand today because of the influence of the Magna Carta and the
Bill of Rights 1688. These include the following.
• The fundamental constitutional principle that the Government
is under the law.
• The doctrine of parliamentary supremacy: the principle that
the Crown (Governor General) is subject to Parliament’s laws
and decisions.
• The principles incorporated in the Bill of Rights Act 1990,
which affirm the fundamental rights of all New Zealanders.
This Act emphasises the principles in the Magna Carta and
Bill of Rights 1688. For example, it includes the right of
the citizen to justice in the Courts and the right not to be
subjected to cruel and unusual punishment.
Try it for Complete the following sentences based on the

Yourself information in this section.
1. Magna Carta is Latin for .
2. A very significant constitutional principle of the Magna Carta is that the power of
the can be limited by a written grant.
3. The Bill of Rights was designed to control and limit present and future Monarchs
and to make them subject to laws passed by .
4. In New Zealand, a fundamental principle is that the government is under the .
5. is a law that emphasises the principles of the Magna
Carta and the Bill of Rights 1688.

23
Law as a social contract
What is a social contract?

A social contract is an act by which individuals agree to give up
freedom in exchange for the protection and security provided by
government. According to social contract theory, governments
are established by citizens who combine together to achieve this
common goal.
There are two main social contract theorists: Thomas Hobbes and
John Locke.
Hobbes believed that before a social

contract exists, there is a ‘state of
nature’, a condition in which there is
no law and order, and no government.
Hobbes describes life with no law and
order as “solitary, poor, nasty, brutish
and short”.
The state of nature is a condition of
constant war with a struggle of “all
against all”. According to Hobbes, the
Thomas Hobbes only way to escape the state of nature
is by accepting the social contract.
In feudal society, the Monarchy was

seen as a divinely-appointed power
whom citizens were subject to without
question. The government was also
submissive to the absolute power of
the Monarch.
John Locke challenged these views
with his Two Treatises on Government
(1689). He argued that government
has no sovereignty of its own as it
only exists to serve the interests of
the people. Citizens enter into a social
John Locke contract with the government so that
they can have protection and security.

24
What about law as a social contract today?

The notion of government/law as a social contract has continued
through the centuries. The social contract theory was important
in terms of the development of government by consent in English
history.
As citizens, we are in some sense part of the social contract. In
order to gain security, liberty and property rights, we surrender
certain freedoms to the state. In a similar way, the citizens
of England gave their consent to be governed by the English
Government and in exchange, they expected their basic rights to be
protected and upheld.
Try it for State whether the following statements are true or false
Yourself based on the information in this section.
Statement True or False
Individuals are not required to give up their freedom according to

social contract theory.
According to social contract theory, governments are required to

offer protection and security to citizens.
Thomas Hobbes believed the state of nature to be a harmonious

situation.
According to Thomas Hobbes the social contract was essential to

escape the state of nature.
John Locke argued that government exists to serve the interests of

the people.
We are all part of the social contract to some extent.
The citizens of England never consented to the social contract.

25
LESSON 3:
The development
of the New Zealand
legal system
Learning Objectives
In this lesson, you will learn about the following in relation to the
development of the New Zealand legal system.
The Treaty of Waitangi
Problems with interpretation and translation of the Treaty of
Waitangi
The influence of the Treaty of Waitangi in the New Zealand legal
system
Important laws in the development of the New Zealand legal
system

26
LESSON 3: The development of the New Zealand legal system
The Treaty of Waitangi
The Treaty of Waitangi is considered to be New Zealand’s founding

constitutional document. It is an agreement between the British
Crown and Māori. There are two versions of the Treaty (Māori and
English).
The Treaty was signed on 6 February 1840 by Captain William
Hobson, a representative of the British Government. Over 500
Māori chiefs signed the Māori version, but only 39 Chiefs signed the
English version.
The existence of two versions of the Treaty has created difficulties
in interpretation. The English and Māori versions are not perfect
translations and do not carry the same meaning. This fact has also
lead to extensive legal debate regarding the legal status of the Treaty
in New Zealand’s legal system. Some New Zealanders feel that the
Government has failed to honour the provisions of the Treaty.

27
Before we examine some of the problems relating to the translation

of the Treaty, let’s look at the structure of the Treaty document itself.
Structure of the Treaty

The Treaty has three articles.
Article 1
The Māori people ceded kawanatangā (governorship or
sovereignty) to the British Crown.
Article 2
Māori were guaranteed: "tino rangātiratangā" or sovereignty/
chieftainship/authority and "the full exclusive and undisturbed
possession of their lands and estates, forests, fisheries and
other properties which they may collectively or individually
possess so long as it is their wish and desire to retain the
same in their possession" subject to an exclusive right of
pre-emption. (The Crown received sole pre-emptive rights to
purchase land from Māori.)
Article 3
The Crown extended to Māori the Queen's protection and "all
the rights and privileges of British subjects."
Read through the summary of the Treaty above. Write

Try it for down at least three words/phrases that you believe
Yourself may have caused difficulty in terms of the translation/
interpretation of the two versions of the Treaty in
subsequent years.

28
Problems with interpretation and

translation of the Treaty of Waitangi
There are three main problems that occurred in relation to the

translation and interpretation of words from the English to Māori
versions of the Treaty of Waitangi.
Problem 1: Problem 2: Problem 3:

The translator The Meaning of The Meaning of
kawanatangā tino rangātiratangā
Problem 1: The translator

An Anglican missionary called Henry Williams had the important role
of translating the Treaty into Māori.
Unfortunately, he did not translate the English version word-for-
word. In a sense he ‘softened’ the Māori version. For example, the
English version describes a complete transfer of power to the Crown
but the Māori version seems to imply a sharing of power. If Williams
had translated the Treaty word-for-word from the English version, it
is possible that the Māori chiefs may never have signed it.
Problem 2: The Meaning of kawanatangā

Another difficulty in interpreting the Treaty is the meaning of the
word kawanatangā which appears in the Māori version of the first
article.
In this document, Māori gave to the British a right of kawanatangā
(governance). However, in the English version, Māori ceded
(surrendered) sovereignty to the Crown. The meaning of governance
and sovereignty are very different.
Governance Sovereignty
“A body whose “Sovereignty is the full right
responsibility and authority and power of a governing
is to make binding body over itself, without any
decisions in a given political interference from outside
system (such as a state) by sources or bodies.”
establishing laws.”
The difficulty faced by translators was that the English word

sovereignty had no precise equivalent in terms of the Māori culture.
Rangatira (chiefs) held the authority over their own lands but there

29
was no supreme ruler of New Zealand in the British sense of the

word ‘sovereignty’. In some respects, the term kawanatangā was
misleading and should not have been used; it is inadequate as a
translation of the word 'governance'.
Problem 3: The Meaning of tino rangātiratangā

The second article contains the term tino rangātiratangā or
chieftainship. The meaning of the word rangātiratangā in the Māori
version was ambiguous. Rangātiratangā has been translated
by some Māori to mean ‘sovereignty’. This obviously leads to a
conflict with Article 1 of the English version in which Māori ceded
sovereignty to the Crown.
The word rangātiratangā in the Māori version emphasises status and
authority. In the English version, however, the Queen guaranteed
to Māori the undisturbed possession of their properties, including
their lands, forests, and fisheries, for as long as they wished to
retain them. There is a definite conflict between the sovereignty/
kawanatangā of the Crown in Article 1 and the tino rangātiratangā/
chieftainship of Māori in Article 2. The conflict remains largely
unresolved to this day.
Implications for the Governance of New Zealand

New Zealand Governments have struggled to deal with the
ambiguities of the Treaty. In the years immediately after the signing
of the Treaty, there was uncertainty regarding its legal status.
Although the Treaty was regularly in print and well-distributed,
rumours that it would be overturned were very unsettling to Māori.

30
During the past 120 years, officials in both England and New
Zealand have debated the legal status of the Treaty. Some viewed
the document as unimportant. Others saw it as an agreement that
was symbolic of the relationship between Māori and the Crown. In
more recent years, the Treaty is seen as a founding constitutional
document in New Zealand.
Try it for Complete the following sentences with an appropriate

Yourself word from box below.
constitutional sovereignty rangātiratangā

three legal status Henry Williams
1. There are main problems with the translation of the Treaty of
Waitangi from English to Māori.
2. did not translate the English version of the Treaty to Māori
word-for-word.
3. Māori gave to the British a right of governance; however, in the English version,
Māori ceded to the Crown.
4. has been translated by some Māori to mean ‘sovereignty’.
5. In the years after signing the Treaty, there was uncertainty regarding its
6. These days, the Treaty is seen as a founding document in
New Zealand.

31
The influence of the Treaty of Waitangi

in the New Zealand legal system
Attitudes to the Treaty of Waitangi have changed greatly over the last
century. The following court cases and statutes outline some of the
changes that have taken place in the New Zealand legal system.
Case 1: Wi Parata v. Bishop of Wellington [1877]

In this case, which was held 34 years after the signing of the
Treaty, Judge Prendergast (then Chief Justice of New Zealand),
found that the Treaty of Waitangi was, in legal terms, a “simply
nullity” or meaningless.
This case involved Māori land in Porirua which was given to
the Anglican Church so that it could build a school. However,
the school was never built, and therefore the complainant (Wi
Parata) asked the Church to return the land. In his judgement,
Prendergast said that the claim could not be recognised or
enforced by the Courts because the Treaty of Waitangi had no
legal standing.
Case 2: Te Heuheu Tukino v Aotea District Maori Land

Board [1941]
The view in Wi Parata was not overturned until a case more
than 60 years later, Te Heuheu Tukino v Aotea District Māori
Land Board [1941]. In this case, the Court found that the
Treaty was seen as valid in terms of the transfer of sovereignty.
However, it maintained the view that as it was not part of New
Zealand statute law, it was not binding on the Crown.
Case 3: Te Weehi v Regional Fisheries Officer [1986]

In 1986, the Te Weehi case indicated that the Treaty is legally
important in terms of the common law doctrines of aboriginal
title, the idea being that:
aboriginal rights to use land and other resources are recognised
by the common law of England and inherited by New Zealand’s
legal system and expire only when explicitly extinguished by
legislation.
This case tested the extent of Māori customary fishing rights.
The Appellant (of Māori heritage) was charged with being in
possession of paua which were smaller than the minimum size
Continued on next page...

32
permissible under the Fisheries Regulations 1983. The judge

found that:
the Appellant was exercising a customary Māori fishing right
within the meaning of section 88(2) of the Fisheries Act, so
therefore the other provisions of the Fisheries Act did not affect
his right to take the paua.
Case 4: New Zealand Māori Council v Attorney-

General [1995] (Broadcasting Assets)
In the 1995 appeal of the New Zealand Māori Council v
Attorney-General [1992] (Broadcasting Assets) case, it was
stated that where aspects of the Treaty were not specifically
included in a statute, the Treaty is not normally enforceable
under law.
In this case, an appeal was made against the decision by
the Court of Appeal and the High Court in New Zealand that
the Crown could transfer broadcasting assets to Radio New
Zealand and Television New Zealand under the State-Owned
Enterprises Act.
Statute 1: Treaty of Waitangi Act 1975

The Treaty of Waitangi Act 1975 gives an organisation called
the Waitangi Tribunal exclusive authority to determine the
meaning and effect of the Treaty of Waitangi. The Tribunal
investigates claims from Māori that they have been affected by
an action, omission, policy or legislation of the Crown which is
inconsistent with the principles of the Treaty.
In 1985, the Treaty of Waitangi Act was amended, giving the
Waitangi Tribunal extended powers to investigate possible
breaches by the Crown of the Treaty principles dating back to
1840. The result of this expansion of the Waitangi Tribunal’s
powers has opened the door to a large number of claims,
many of which require extensive research, particularly because
there is a shortage of historical information going back that
far in New Zealand history on which claims can be based and
supported.
Statute 2: State-Owned Enterprises Act 1986

Possibly one of the most important pieces of legislation in this
regard is the State-Owned Enterprises (SOE) Act 1986. Section

33
9 of the Act, clearly affirms the importance of the Treaty of

Waitangi as it prohibits action inconsistent with the principles of
the Treaty. The section is binding on the Crown and states that:
“nothing in this Act shall permit the Crown to act in a manner
that is inconsistent with principles of the Treaty of Waitangi.”
Statute 3: Resource Management Act 1991

Section 8 of the Resource Management Act 1991 is an example
of legislation which includes reference to the principles of the
Treaty of Waitangi so that it is legally enforceable in terms of
legal procedure. This section requires that all persons who
exercise functions and powers under the Act in relation to
“managing the use, development, and protection of natural and
physical resources, shall take into account the principles of the
Treaty of Waitangi (Te Tiriti o Waitangi)”.
Statute 4: Māori Language Act 1989

Article 2 of the Treaty of Waitangi confirmed and guaranteed
to the Maori people, all their taonga. The Māori Language
Act 1989 recognised the Māori language as one such taonga.
As a result, the Act declares Māori as an official language of
New Zealand and gives speakers the right to use Māori in
legal proceedings. It also establishes the Māori Language
Commission called Te Taura Whiri I Te Reo Māori to “promote
the Maori language, and, in particular, its use as a living
language and as an ordinary means of communication.”
So to summarise, the Treaty:

• is a very important constitutional document: New Zealand
does not have a single written constitution, but instead, New
Zealand’s constitutional arrangements are found in a number of
key documents; The Treaty of Waitangi is one such document.
In this sense, the Treaty is important to New Zealand’s legal
system because it plays a part in defining the principles on
which that system is based. As such, it is an important and
powerful document which government must pay heed to.
• is not a statute: In other words, the Treaty of Waitangi,
like other treaties, is not a law itself and therefore it only
has legal effect in New Zealand law if a specific piece of
legislation makes reference to the Treaty itself.
• plays a key role in helping the courts to interpret laws
• is referred to in numerous pieces of legislation

34
Try it for Match the following statements with the correct legal
Yourself case or statute that is mentioned in this section.
Statement Case or Statute
Aboriginal rights to use land and other resources are recognised by

the common law of England and inherited by New Zealand’s legal
system and expire only when explicitly extinguished by legislation.
“Managing the use, development, and protection of natural and

physical resources, shall take into account the principles of the
Treaty of Waitangi (Te Tiriti o Waitangi)”.
The Tribunal investigates claims from Māori that they have been
affected by an action, omission, policy or legislation of the Crown
which is inconsistent with the principles of the Treaty.
“Nothing in this Act shall permit the Crown to act in a manner that
is inconsistent with principles of the Treaty of Waitangi.”
Where aspects of the Treaty were not specifically included in a

statute, the Treaty is not normally enforceable under law.
The Act declares Māori as an official language of New Zealand and

gives speakers the right to use Māori in legal proceedings.
The Treaty of Waitangi was, in legal terms, a “simply nullity” or

meaningless.

35
Important laws in the development

of the New Zealand legal system
There are a number of laws that have played an important role in the
development of the New Zealand legal system. We will look at the
following laws.
New Zealand The Statute of Treaty of

Constitution Westminster Waitangi Act
Act 1852 Adoption Act 1947 1975
Constitution New Zealand Bill

Act 1986 of Rights Act 1990
New Zealand Constitution Act 1852

After the signing of the Treaty in 1840, and establishing British
sovereignty, the colony was ruled by a Governor appointed by
the British Crown. The number of European settlers was steadily
increasing. Many felt resentful that they had no control over their
own governmental affairs; this led to a call for self-governance.
The settlers wanted to be able to elect their own representatives
who could pass laws and govern the colony. The British were also
concerned about increasing lawlessness in the colony.
In response to this, the British Parliament passed the New Zealand
Constitution Act 1852. New Zealand's first parliamentary elections
were held in 1853. The Act was significant in terms of bringing the
British model of government to New Zealand and establishing a
form of representative government. The House of Representatives
had the power to make laws by assent of Her Majesty, Queen
Victoria. The Act remained in force until 1986 when it was replaced
by the Constitution Act 1986.

36
The Statute of Westminster Adoption Act 1947

Prior to 1947, the New Zealand Parliament was still legally under
control of the British Parliament. New Zealand gained full control
of its constitutional affairs with the passing of the Statute of
Westminster Adoption Act 1947, which gave it the power to amend,
suspend and repeal its own constitution.
Treaty of Waitangi Act 1975

The main purpose of the Treaty of Waitangi Act 1975 was to
establish the Waitangi Tribunal. The Tribunal is set up as a
permanent Commission of Inquiry. It makes recommendations
regarding claims brought by Māori relating to
actions of the Crown which are in breach of the
Treaty of Waitangi.
You can read more about the role of the Waitangi
Tribunal at the following website: https://www.
waitangitribunal.govt.nz/
Constitution Act 1986

The Constitution Act 1986 reformed and clarified constitutional law
in New Zealand. Previously, constitutional provisions were very
fragmented. The Act brought together all the various strands of
statutory law. The Act set out some of the basic elements of our
system of government including the function and powers of the
Legislature, Judiciary, Executive and Sovereign.
Under the Act, the New Zealand Constitution Act 1852 and the
Statute of Westminster 1931 ceased to have effect as part of
New Zealand law. Any rights of the United Kingdom Parliament
to legislate at New Zealand's request and consent were finally
removed.
New Zealand Bill of Rights Act 1990

The main purpose of the Bill of Rights Act 1990 is to:
• affirm, protect, and promote human rights and fundamental
freedoms in New Zealand
• affirm New Zealand’s commitment to the International
Covenant on Civil and Political Rights
It is important because it acts as a form of restraint on Parliament.
The Attorney-General is required to report when a Bill introduced
to Parliament is in breach of the Bill of Rights. In addition to this,
the Bill of Rights has binding force on the actions of the executive
government and must be followed by the Courts when they apply
and interpret laws.

37
Try it for Write a brief summary for each of the following laws in
Yourself your own words.
1. New Zealand Constitution Act 1852
2. Treaty of Waitangi Act 1975
3. New Zealand Bill of Rights Act 1990

38
LESSON 4:
The movement towards

a uniquely New Zealand
legal system
Learning Objectives
In this lesson, you will look at two developments that illustrate
the ongoing move away from the traditional British model of law,
towards a legal system that reflects the unique nature of New
Zealand society.
These developments include the:
formation of the New Zealand Supreme Court
increased use of marae justice

39
LESSON 4: The Movement towards a Uniquely New Zealand Legal System
The New Zealand Supreme Court
The Supreme Court Act 2003 was a crucial milestone in New

Zealand moving towards its own unique legal system.
Prior to this Act being passed, it was the Privy Council in London that was
the final court of appeal for all criminal and civil cases in New Zealand.
The Supreme Court Act 2003 did away with the Privy Council in
London as the final court of appeal for New Zealanders. It also
provided the Supreme Court of New Zealand, situated in Wellington,
as the final court to make decisions in New Zealand.
According to the Supreme Court Act, the reason the Supreme Court
was established was, amongst other things:
(i) to recognise that New Zealand is an independent nation with
its own history and traditions; and
(ii) to enable important legal matters, including legal matters
relating to the Treaty of Waitangi, to be resolved with an
understanding of New Zealand conditions, history, and
traditions; and
(iii) to improve access to justice …1
1
Supreme Court Act 2003, Section 3.

40
Supreme Court
Court of Appeal
Maori
Employment
Court High Court Appellate
Court
Employment
Jury trials District Court Environment Maori Land
Relations
District Court Court Court
Authority
Civil Criminal Youth Family
Tribunals
Appeal to Appeal
No right
District to High
to appeal
Court Court
Let’s look briefly at the history of this important development in the

New Zealand legal system.
The History of the Supreme Court

The idea to abolish ties with the Privy Council was first suggested
by Chief Justice Sir Robert Stout more than a century before it was
finally implemented by the Supreme Court Act 2003.
There are many political reasons for why it took over a hundred
years of the idea being repeatedly raised for this law to be passed
(see the different reasons that appeared on the following page).
Finally, after much debate and extensive public consultation, the
Supreme Court Bill, which was first introduced in 2002, was passed
into law on 14 October 2003.
The Supreme Court Act came into force on 1 January 2004. The
Court was empowered to hear appeals from 1 July 2004.

41
Issues
During the long-running debate over the establishment of the
Supreme Court, there were many arguments for and against
abolishing the right of New Zealanders to appeal to the Privy Council.
Some of the arguments are summarised below:
Arguments for a New Zealand Arguments against a New

based Supreme Court Zealand based Supreme Court
• Cost – The Privy Council was • Setting up a Supreme Court

not available to many litigants was very costly, with the
because it was so expensive cost being borne by the New
to take a case to London. Zealand taxpayer. The Privy
• Better access to justice and Council does not cost the New
the opportunity to develop Zealand taxpayer anything.
New Zealand law. • No separation of powers
• Appeals to the Privy Council - the government of the
are contrary to New Zealand’s day (through the Attorney-
sovereignty: The Act General) has the power to
recognises that New Zealand appoint all five judges of the
is an independent nation with Supreme Court, including
its own history and traditions. the Chief Justice.
• There were only a few • The passing of the Supreme
countries in the world still Court Act is one further step
using the Privy Council. in disconnecting us from the
tradition which is basic to our
• The Privy Council is
unwritten constitution.
increasingly remote from the
realities of New Zealand and • The abolition of the Privy
should not be allowed to Council appeal drew some
create our law for us. opposition from Māori who
say it represents an important
• There have been some
part of the Treaty of Waitangi.
decisions where it seemed
that the Privy Council did • There was a fear that the
not really appreciate or proposed Supreme Court
understand the issues in a may be filled with politically
New Zealand context. appointed judges who lack
commercial expertise.
I am proud of New Zealand’s unique heritage

and I don’t think we should allow a council on the
other side of the world create laws for us.

42
I believe that no matter what happened

in the past, we need to celebrate and
respect every New Zealander. The Privy
Council demonstrates that remaining link
with the British Crown and a protection
of Māori rights.
Do you think the Supreme Court in Wellington should

Try it for have replaced the Privy Council in London as New
Yourself Zealand’s final court of appeal? Why? Why not? Justify
your answer.

43
Increased use of marae justice
There is recognition that the current system of law does not always
meet the needs of victims (in terms of redress), or the needs of
offenders in terms of effective rehabilitation.
Redress To set right an unfair situation.
Effective A goal of the correctional system, to treat

rehabilitation individuals so that once they are out of prison,
they can return to a crime free lifestyle.
This is particularly true for Māori and Pacific Islander perceptions of

the criminal justice system. Many Māori and Pacific Islanders see
New Zealand’s traditional criminal justice system as lacking cultural
sensitivity and having philosophies which are opposed to Māori and
Pacific Islander concepts of justice.
My son got in trouble with the law last year. It was

such a scary process going to the courts, with all
the formality involved. Fortunately, we were given
the option to participate in marae justice. It was a
much better fit for our family as we could discuss
the issue in a way that was culturally appropriate.
What do Think back to what we learnt about Māori law in pre-

European times. How were disputes and offending
You Think? dealt with by marae justice?

44
Differences between the English-based system

and marae justice
The English-based adversarial legal system that has been traditionally
used in New Zealand aims to determine who is in the right and who
is in the wrong, and to punish the offender. This system focuses on
individual responsibility of crime, rather than the marae justice idea of
collective or community responsibility for offending. It also focuses on
the results of the crime and how to deal with these, whereas marae
justice focuses on understanding the causes of the offending, which
is linked to the idea of collective responsibility.
Family Group Conferences

One way that Māori concepts of justice have been incorporated into
law is through family group conferences. Family group conferences
deal with offences committed by young people.
What is a family group conference?

It is a meeting for everyone involved in the case, including
the young person and their family, and the victim of the
crime. It lets everyone involved have a say.
Everyone at the meeting talks about what they feel should happen
next, and they work on a plan for the young person. They suggest
ways that the young person can make up for breaking the law.
The Youth Court Judge is told what the plan is and will nearly always
approve the plan. The court then makes sure that someone is
checking that the young person carries out the plan properly.

45
The family group conference incorporates the marae justice idea

that it is important to understand the causes of criminal offending.
Other concepts used in a family group conference that are based on
marae justice include the following:
• victims are at the centre of the process
• there is recognition of responsibility to the wider community
(collective responsibility)
• offenders are accountable for their actions; they are responsible
for their actions and they must make amends to the victim(s)
Incorporation into legislation

These common principles have been incorporated into numerous
pieces of legislation, beginning with the Children, Young Persons
and their Families Act (1989).
The emphasis of this system is on rehabilitation and reintegration of
the young offenders, support for their families, and considering the
needs of victims, while still holding the young person accountable
for their actions.
This system, and the use of family group conferences for
determining the outcomes of the more serious offending by young
people, has been a model for a restorative approach to offending.
I shoplifted a few years ago. Instead of going

to court, I was required to attend a family
group conference. At the conference the store
representative told me how shop lifting affected
them, and how they may have to close their
store down if the shoplifting continues. I had the
opportunity to say I was sorry. My family and church
pastor attended with me. It was decided that I would
do some community work for my church in order to
make right the wrong I had committed.
Differences
There are important differences between the family group
conference as an example of restorative justice, and marae justice.
These differences include:
• The involvement of representatives of the State (eg the
Police, Youth Justice Co-ordinator(s), Child Youth and Family
social worker(s), etc).
• While the whānau of the offender and the victims (and their
whānau) have recognised roles in this system (as they did in

46
traditional Māori dispute resolution), their roles in this system

are not necessarily identical with traditional roles.
Marae justice for adults

The government has now introduced several adult restorative justice
schemes and marae-based justice programmes in various parts of
the country. The schemes are for crimes that involve a clear offender
and victim, such as theft, assault, and home invasion, but not for
serious violent crimes such as rape and murder. These schemes are
available as an alternative to the adversarial court system.
The process works through a model of community discussion involving
both victim and offender and their families, with a focus on redressing
harm caused through community service rather than prison sentences.
However, although certain principles of marae justice are applicable
to the restorative justice system, a fully-fledged marae-based justice
system has not, as yet, been adopted by the courts.
What do What do you think are some of the advantages and

You Think? disadvantages of using marae-based justice?

47
Glossary
abolish formally put an end to

aboriginal title the specific land rights that indigenous peoples have
asset an item of property owned by a person or company
binding involving an obligation that cannot be broken
coerce to force someone to do something
feudal society a way of structuring society around relationships derived from the holding
of land in exchange for service or labour
hara crime or offence
jurisdiction the official power to make legal decisions and judgements
kawa the practical implementation of Māori customs (protocols and procedures)
litigant a person involved in a lawsuit
mana prestige, authority, or power
muru to take or confiscate personal property
negligence failure to take proper care over something
noa opposite of tapu, free from restriction
philosophy an idea or belief about the way something should be done
precedent an earlier event or action that is regarded as an example or guide to be
considered in subsequent similar circumstances
rāhui a form of prohibition or ban based on the rules of tapu
Rangatira a Maori chief or noble
redress to remedy or to set right
rehabilitation the action of restoring and helping an offender so the crime is not
committed again
reintegration the action or process of integrating someone back into society
restraint a measure or condition that keeps someone or something under control
take raupatu the right of ownership by confiscation or conquest
take tupuna land inherited from one’s ancestors
take whenua tuku the gifting of land
taonga an object or natural resource which is highly prized
tapu forbidden; taboo
theorist a person who comes up with an idea or theory
tikanga the beliefs, values, and customs that maintain law and order in Māori
society
utu the principle of reciprocity or of equivalence
Waitangi Tribunal an organisation with the authority to determine the meaning and effect of
the Treaty of Waitangi

21 Ruakura Rd, Hamilton East,
Hamilton 3216
Phone: 0800 864 863
E-mail: [email protected]
www.instant.org.nz
© ATC New Zealand


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US 10347 v6a

Unit Standard 10347

US10347v6a Learner's Guide Licensed to Western Heights High School

Licensed to Western Heights High School US10347v6a Learner's Guide

US10347v6a Learner's Guide Licensed to Western Heights High School

Pre-European Māori Law 2

The English heritage of the New Zealand legal system 15

The development of the New Zealand legal system 25

The movement towards a uniquely New Zealand legal system 38

Licensed to Western Heights High School US10347v6a Learner's Guide

US10347v6a Learner's Guide Licensed to Western Heights High School

LESSON 1: Pre-European Māori Law

The basis of law for

Before Europeans arrived in New Zealand, Māori had their own

Licensed to Western Heights High School US10347v6a Learner's Guide

LESSON 1: Pre-European Māori Law

Answer the questions that follow.

2. What is the difference between tikanga and kawa?

3. Give an example of tikanga.

4. Give an example of kawa.

US10347v6a Learner's Guide Licensed to Western Heights High School

LESSON 1: Pre-European Māori Law

The role of the Rangatira

Māori tribes are divided into three main groups:

iwi (tribe) hapū (sub-tribe) whānau

Within each hapū, there were one

Role of the Rangatira

What do Why do you think Rangatira were important in pre-

Licensed to Western Heights High School US10347v6a Learner's Guide

LESSON 1: Pre-European Māori Law

The relationship between Rangatira and tikanga

Enforcement of tikanga: Rangatira

US10347v6a Learner's Guide Licensed to Western Heights High School

LESSON 1: Pre-European Māori Law

Insert the correct word into each of the following

1. Rangatira would secure the production of in order to meet

certain tikanga-based obligations.

2. Rangatira would refer to tikanga for when considering a certain

course of action to take.

3. Rangatira were responsible for enforcing among the hapū.

4. Rangatira would represent the in a way that complied with tikanga.

5. Rangatira would follow tikanga in order to any relationship

problems within or outside the hapū.

Licensed to Western Heights High School US10347v6a Learner's Guide

LESSON 1: Pre-European Māori Law

How actions were governed

In pre-European times, actions were governed by Māori in a way

Tapu Noa Hara Rāhui

Some meanings of tapu

Read the following about tapu.

There is an important link between tapu and Māori spiritual beliefs.

US10347v6a Learner's Guide Licensed to Western Heights High School

LESSON 1: Pre-European Māori Law

Try it for Refer to the information about tapu on the previous

1. What is the law of tapu intended to protect?

2. Who was tapu placed under the care of?

4. Is tapu still used today? If so, what is it used for?

5. Give an example of how tapu is used today.

Licensed to Western Heights High School US10347v6a Learner's Guide