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King's Counsel Gary Judd files complaint over tikanga Māori
requirement for law students, Winston Peters agrees
(HTM) Source
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A senior King's Counsel has filed a complaint to the Government's
Regulations Review Committee over incoming compulsory tikanga Māori
studies for law students.
Gary Judd KC told the _Herald_ he did so because up until now the
curriculum for lawyers has been made up of what he described as
"proper law subjects", such as criminal law and the law of torts.
"Tikanga is a system of beliefs, a system which indicates the way the
Māori people who subscribe to tikanga consider is the right way of
doing things. So it is quite different," Judd said.
Deputy Prime Minister Winston Peters also weighed into the debate by
supporting Judd's complaint in a statement and social media post.
"Tikanga is not law. It is cultural indoctrination," Peters said.
"Law students should not be force-fed this kind of woke indoctrination
from some culture warrior's slanted version of what tikanga means."
But emeritus professor of law at University of Auckland Jane Kelsey
told the _Herald_ she disagrees with Judd's complaint, saying New
Zealand is lucky to have a curriculum which reflects the country's
history.
"Mr Judd is about the same vintage as me. The Treaty warranted one
class in my entire law degree, and that was the English version.
Thankfully, we now have a more informed curriculum that reflects our
history, colonial and Māori, which has fed through into a more
informed jurisprudence," Kelsey said.
Gary Judd
Kelsey said she found students embraced learning about the Māori
ethical and spiritual relationships encompassed in tikanga and it
provided valuable perspective.
"I found my students embraced the richness of that approach. It is now
reflected in our courts as well, recognising that tikanga is not just
another system of law but one that Te Tiriti said would continue to
operate alongside the common law."
Te Herenga Waka - Victoria University of Wellington describes tikanga
as Māori customary practices or behaviours.
"The concept is derived from the Māori word 'tika' which means 'right'
or 'correct' so, in Māori terms, to act in accordance with tikanga is
to behave in a way that is culturally proper or appropriate," the
university states.
Yet in Judd's complaint, he argued the new requirement was
"symptomatic of a dangerous trend" where those with the power to do so
seek to impose the beliefs and values of one section of society upon
the community as a whole.
"They do so in this instance by pretending that tikanga is law and
therefore it is fitting to compel law students to learn about it," he
wrote.
Judd felt it was inappropriate for the New Zealand Council of Legal
Education to compel all law students to engage in something which he
said was not law at all.
When asked how the tikanga component was different to other required
papers in other degree courses, for example cultural papers in arts
degrees, he said it was a "very interesting point".
The New Zealand Council of Legal Education said it is satisfied the
correct procedures with the tikanga Māori requirements have been
followed, including appropriate consultation.
"The council is disappointed that these issues were not raised with us
before being published in the media," the council said.
"Teaching tikanga is an essential part of legal education given
frequent references to tikanga in Acts of Parliament and its
acknowledgement by the Supreme Court as part of the law of New
Zealand."
Professor Jane Kelsey. Photo / Mark Mitchell
Deputy PM Winston Peters. New Zealand Herald photograph by Mark
Mitchell
It said the council will respond further in the Regulations Review
Committee, if asked.
Kelsey told the _Herald_ it had taken New Zealand more than 40 years
to get to the point where tikanga Māori can be accepted as part of a
law education in this country.
However, Kelsey did wonder if the move to make tikanga a compulsory
part of the New Zealand law curriculum was being pushed through too
hastily.
"The problem is that Te Tiriti and tikanga as it is taught are still
often viewed through a Pākeha lens," Kelsey said.
"The latest moves by the Council of Legal Education are well-
intentioned and seek to enhance those foundations, although
personally, I feel they are rushing it and the groundwork, including
understanding among legal academics of the complexities and nuances of
tikanga and how it relates to Te Tiriti and to common law, is not
quite there.
"It needs a couple more years. But the last thing we need is for
senior counsel and senior politicians to take us back to the infamous
days of the Wi Parata case in 1877 that said Māori were not civilised
enough to have a system of law. That needs to remain in the dustbin of
legal history."
According to the council's website, from 2025, the New Zealand legal
education curriculum will include requirements for the teaching and
assessment of tikanga Māori.
The existing compulsory law courses are: The legal system; public law;
contracts; torts; criminal law; property law (or land law and equity
and succession); and legal ethics.
The website further states, those who have a law degree and apply for
a certificate of completion before January next year will not have to
complete the new requirements.
"If you apply for a certificate of completion after January 1, 2025,
and your 'qualifications for admission' are current - meaning they are
less than 10 years old at the time you apply - you will not have to
complete the new requirements.
"If you apply for a certificate of completion after January 1, 2025,
and your 'qualifications for admission' are stale - meaning they are
more than 10 years old at the time you apply - the council may require
you to complete the new compulsory law course on tikanga Māori (Māori
laws and philosophy) (in addition to other study or training)."
Overseas lawyers and graduates seeking admission to the High Court of
New Zealand can also apply to the council for an assessment of their
qualifications. They may be required by the council to complete the
new compulsory law course on tikanga Māori if they apply from 2025 or
their qualification is more than 10 years old.
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