Tikanga Māori and state law – an exploration of He Poutama: Part Two – Interaction between Tikanga and State Law

5 March 2024

Bell Gully’s Te Paewhiti Ture Members, Rachael Brown, Dr Laura Hardcastle, Rebekah Te Rito (Ngāti Kahu and Ngāti Kahungunu), Rhianna Morar (Ngāti Porou, Tapuika, Gujarat) and Stuart Leslie (Ngāpuhi) have completed the second article of a three-part series with the Māori Law Review on Te Aka Matua o te Ture | Law Commission’s study paper, He Poutama. 

Our series aims to engage with the frameworks for understanding the interaction between tikanga, common law and statute that have been set out in He Poutama.

In this second of three articles (read part one here), we consider part two of He Poutama, which provides an overview of the engagement between tikanga and state law, both historically and at the present time. In summarising part two, we:

  1. provide an overview of how tikanga and the two main sources of state law (namely, common law and statute) interact; and
  2. consider how specific areas of state law have engaged with tikanga over time.

You can read part two in the Māori Law Review here.

If you have any questions or would like to discuss this further, please get in touch with the contacts listed, or your usual Bell Gully adviser.

Disclaimer: This publication is necessarily brief and general in nature. You should seek professional advice before taking any action in relation to the matters dealt with in this publication.