Natalie Coates, former Te Hunga Rōia Māori co-president, says that while tikanga is now a part of the LLB curriculum, many lawyers are looking to build their understanding of how tikanga operates within the legal system and how it may be relevant to their practice.
“This provides an exciting opportunity for the profession to come together, to learn and to build capability in a developing area of law,” she says.
Natalie says that the development of the course reflects the increasing recognition and standing of tikanga within Aotearoa New Zealand’s legal system.
Tikanga has long been recognised as part of the common law of Aotearoa. However, a growing body of case law, including the Supreme Court case of Ellis v R [2022] NZSC 114, has confirmed that tikanga can and will continue to influence the development of the common law where it is relevant.
“As tikanga becomes increasingly visible and considered within legal reasoning and decision-making, it is important that practitioners understand both its foundations and the ways in which it may arise in practice,” she says.
The wānanga is designed to give lawyers a practical framework for thinking about tikanga and the law, including when tikanga may be relevant, how it may apply, and the influence it may have in legal contexts.
“Just as there are foundational principles and values that underpin areas of law such as international law and human rights law, the same is true of tikanga,” says Natalie.
“There is significant opportunity to approach this area in a way that maintains both the integrity of tikanga and the legal system,” she says.
Natalie says the course will be relevant for practitioners across all areas of law who want to better understand the growing role of tikanga within the legal system.
The wānanga will cover:
Natalie says the wānanga will provide a safe environment in which to discuss these issues and to ask questions.
“There have been instances where tikanga has not been engaged with as carefully or appropriately as it might have been,” she says. “The wānanga aims to provide practitioners with the tools and confidence to navigate these issues more effectively.”
Natalie says the full day format allows participants to engage in deeper learning and reflection than is often possible through shorter professional development programmes.
All presenters at the wānanga will be Māori lawyers, either currently practising or with previous experience in legal practice, including Natalie herself, who has been involved in significant cases that have grappled with the intersection of tikanga and the law.
Like the other presenters, Natalie is keen to share her experiences and learnings with the wider profession.
Natalie says the wānanga has only been made possible through the partnership between Te Hunga Rōia Māori and the Law Society.
“While Te Hunga Rōia Māori has led the development of the substantive content of the wānanga, we have worked closely with the Law Society to deliver a programme that we hope will provide significant value to the profession,” she says.
Day long wānanga are being held in Auckland, Wellington and Christchurch in September. In keeping with tikanga, the in-person programmes will be hosted on marae.
Presenters include Horiana Irwin-Easthope, Tai Ahu, Chris Merrick, Precious Clark, Puna Wano-Bryant, Aroha Herewini and Maia Wikaira, among others. Māori members of the judiciary will also participate as presenters in some of the wānanga.
There are also plans to offer the course online.
