1 The New Zealand Legal Systems: Tikanga Māori and State Law

Aotearoa New Zealand has two legal systems: tikanga Māori and state law.

In 2023, Te Aka Matua o te Ture | New Zealand Law Commission produced an extensive study paper He Poutama^[1] in which it addresses the interaction between tikanga Māori and state law.

Tikanga Māori

Tikanga Māori, also known as Māori customary law, is a “structured framework, comprising tikanga concepts (principles, values and norms) and the processes and procedures (sometimes called kawa) for enforcing those concepts”.^[2]

Te Kāhui Ture o Aotearoa | New Zealand Law Society has produced a Practise Briefing to provide guidance to lawyers on the relevance of tikanga Māori, which states:^[3]

In 2022, the Supreme Court in Ellis v R confirmed that tikanga has and will continue to influence the common law in Aotearoa New Zealand in cases where it is relevant. The Court observed that tikanga forms part of the law through incorporation in statutes and regulations, is a relevant consideration in the exercise of discretions, and is incorporated in the policies and processes of public bodies. The majority in Ellis also recognised that tikanga is the first law of Aotearoa New Zealand and that care is required not to impair the operation of tikanga as a system of law and custom in its own right. There are also several other cases that have confirmed tikanga is part of New Zealand law.

State Law

State law is a common law system consisting of statute law enacted by Acts of Parliament and case law, in which the judiciary may apply and interpret the statutes or make decisions of law where no statute exists. This is also called judge-made law.