For present purposes, it has been said that tikanga is constitutionally significant to the development of
the law in four mutually reinforcing respects:
(a) First, as an independent source of rights and obligations in te ao Māori and the first law
of Aotearoa.43
(b) Second, in terms of the Treaty rights and obligations that pertain to tikanga.
4
Toitū te kupu, toitū te mana, toitū te whenua
The permanence of the language, prestige and land
Whenua is taonga tuku iho and during a mediation hui it is important to remember that everyone has equal rights
and responsibilities to care for and protect that taonga.
5
He mōrehu whenua, he mōrehu tāngata
The remnants of the land, the remnants of the people
When preparing for mediation, give thought to what happens after the hui and what you leave behind.
As discussed in relation to proposition 3, the Act
quite appropriately imposes trustee duties on governors of Māori land.
Proposition 5: Excessive fragmentation of Māori land should be discouraged
The report makes three recommendations in relation to proposition 5.
The 1865
Act was much more detailed than its 1862
predecessor. Section 5 of the 1865 Act provided
for the establishment of a judicial body having
the status of a Court of record, consisting of ‘one
Judge … who shall be called the Chief Judge’, as
well as ‘other Judges’ who were to hold office
‘during good behaviour’ (i.e. the formula used
for the superior Courts of record).
There are two types of grant:
(a) Where a person dies leaving a valid will,
a grant of probate may be made to the
executor/s named in the will (although
in rare cases, formal administration may
be granted to someone other than the
named executors).
(b) Where a person dies intestate
(without a will), a grant of letters of
administration is obtained.
5 The administrator/s are responsible for
ensuring that these assets are transferred to
those entitled to t...
He taitara
hanga ka whiwhi ki ia kaipupuri e kī ana:
(a) He hea wātea nā te tangata rīhi kei
roto i te poraka
(b) He rīhi tūturu motuhake ki te pito
whenua rā.
11 He tangata whai mana ki te whakahaere
rawa nō ngā kaipupuri me ngā kaiwhiwhi.
