The New Zealand Law Society Te Kāhui Ture o Aotearoa has published a practice briefing which provides guidance for lawyers on the relevance of tikanga Māori in meeting competence and client service obligations under the Lawyers and Conveyancers Act (Lawyers: Conduct and Client Care) Rules 2008 (Rules).  

The practice briefing is intended to provide practical information to help lawyers engage with tikanga effectively, including how they may approach meeting professional obligations in circumstances where tikanga is relevant. 

Law Society Chief Executive Katie Rusbatch says, “as part of the Law Society’s role to support lawyers and consumers of legal services, we have collectively worked with Te Hunga Rōia Māori o Aotearoa and relevant experts to develop this practice briefing to assist lawyers with meeting their professional obligations when tikanga is relevant to their practice. It is also a timely resource due to the introduction of tikanga as a required element of legal education.” 

Ms Rusbatch acknowledges that there are different views within the profession on how tikanga fits within the legal system.  

“It’s worth noting that the practice briefing imposes no new obligations or mandatory requirements on the profession. It is not a substitute for legal advice or technical expert input,” she adds.  

“An understanding of tikanga may be relevant to the competent provision of legal services. The relevance of tikanga within a particular lawyer’s practice will depend on the nature of the matter at hand, the legal issues at play, and the client and their instructions.” 

This practice briefing is released at the same time as the Law Society’s Rautaki Māori (Māori Strategy), which articulates the Law Society’s commitment to honouring the bicultural foundations of Aotearoa New Zealand and meeting the current and future needs of the profession.