Friday, May 24, 2024

Gary Judd KC: Tikanga Regulations complaint to proceed

I lodged a complaint about the Professional Examinations in Law (Tikanga Māori Requirements) Amendment Regulations 2022 with Parliament's Regulation Review Committee on 17 April. I objected to the New Zealand Council for Legal Education (NZCLE) making Tikanga Māori compulsory for all first-year law students from 1 January 2025 and requiring Tikanga to be infused into all the other compulsory subjects. See Senior King’s Counsel files complaint about compulsory tikanga Māori studies for law students and A law school to be avoided. Last evening I received a letter from Hon David Parker, the Committee’s chairperson informing me that the committee has agreed to proceed with my complaint. It has asked for submissions from the NZCLE and the New Zealand Law Society (NZLS). The letter indicates my complaint has been treated as evidence and made publicly available on the Parliament website.

Here’s the letter.

Dear Mr Judd

Complaint about the Professional Examinations in Law (Tikanga Māori Requirements) Amendment Regulations 2022

Thank you for your letter received 17 April 2024 about the Professional Examinations in Law (Tikanga Māori Requirements) Amendment Regulations 2022, made under section 278 of the Lawyers and Conveyancers Act 2006. Your complaint was considered by the Regulations Review Committee at its meetings on 1 and 8 May 2024.

Committee’s jurisdiction

The committee’s jurisdiction in relation to secondary legislation is set out in the Standing Orders of the House of Representatives. Under Standing Order 326(5), the committee may investigate complaints about the operation of secondary legislation, and may report on complaints to the House of Representatives. When a complaint relates to one of the grounds set out in Standing Order 327(2), the committee can draw the secondary legislation to the special attention of the House and take the step of recommending that secondary legislation be disallowed under the Legislation Act 2019. However, any decision to disallow secondary legislation is made by the House and the committee can only make a recommendation.

Your complaint

Your complaint appears to be that the Professional Examinations in Law (Tikanga Māori Requirements) Amendment Regulations 2022 should be drawn to the attention of the House under the following Standing Order grounds:

• SO 327(2)(a) – that the regulations are not in accordance with the general objects and intentions of the enactment under which it they made

• SO 327(2)(b) – that the regulations trespass unduly on personal rights and liberties

• SO 327(2)(c) – that the regulations appear to make some unusual or unexpected use of the powers conferred by the enactment under which they are made.

Decision to investigate

The committee accepts that, on the face of it, your complaint relates to Standing Orders 327(2)(b) and (c).

Therefore, the committee has agreed to proceed with your complaint in relation to these Standing Order grounds.

Committee process

We have resolved to send a copy of your complaint to the New Zealand Council of Legal Education and the New Zealand Law Society, asking them to provide a written submission on your complaint.

Your written complaint has been treated as evidence and made publicly available on the Parliament website. Please contact the Clerk of Committee, Sam Gordon, at or on 04 817 8117 if you have any questions.

Yours sincerely,

Hon David Parker


Regulations Review Committee

Gary Judd KC is a King's Counsel, former Chairman of ASB and Ports of Auckland and former member APEC Business Advisory Council. Gary blogs at Gary Judd KC Substack where this article was sourced.


Anonymous said...

Thank you for moving this very important issue forward. New Zealand cannot have a legal system based on 2 very different systems of regulating behaviour. How can the public have any trust in a legal system that contains "laws" that are unwritten and depend on interpretation from random "experts" whose pronouncements will differ depending on their tribal affiliation. What utter nonsense. There is also the problem of the potential ability for a defendant to select the system that advantages them in a court case.

Anonymous said...

Thank you indeed. On a simplistic level it is an extraordinary proposal and suggestion that "tikanga" from a stone age society of multiple tribes with no written language, could have a cohesive understandable system of law with application to a civilised 21st century. The traditions and culture of Maori savagery, infanticide, cannibalism, warfare and utu has no place within current systems of accepted law within New Zealand.

Peter said...

I also thank you for this.

Allan said...

I also wonder if/how tikanga would be applied to commercial law. In a dispute over contracts, would tikanga have the same value as contract law. If we are trying to attract foreign investment do we tell potential investors this.
That should bring them flocking to our shores.

Anonymous said...

Indeed, anonymous@2.38pm.

But, nevermind the defendant, it's our Courts who'll elect what law will apply, and we've already seen how that plays out over the first MACA claims with them giving away customary marine title, because that's what 'they' (the judiciarly) believe is appropriate - overriding the clear intent of parliament's legislation. It is a nonsense, but a very dangerous and destructive nonsense that will end this 'nation' if it is allowed to proceed.

Anonymous said...

A good beginning.
However, what is important is how this matter ends.
NZ's legal system is in great danger.

Anonymous said...

Does anyone in the Coalition read Breaking Views ?
Why is this so called government sitting on it's hands, and letting NZ slide into this disgraceful ethic shambles ?
Six years ago, the possibility of a civil war would have been ridiculed - now it's seems like it could be very real.

Do something Luxon before it's too late !

Anonymous said...

If NZ only had more persons of Gary Judd’s calibre willing to keep democracy alive. I am sure many of us feel totally powerless as to how we can stop our country falling further into an apartheid system. Our hope of National and Christopher Luxon seeing how far down a slippery slope we have come, seemingly either unwilling or unable to grasp the gravity of the situation, and to date, leaving us wondering if under National anything will change, thus the brain drain will continue.

Ken S said...

I would like to add to the list of those thanking Gary for what he is doing. My only comment is how ironic it is that David Parker had to write the letter. His teeth must be ground down to his gums.

Anonymous said...

Anyone who really expects that public virtue-signalling Wigger, ‘Te Reo’ Luxon “My wife and I are learning Te Reo” to make a rat’s backside worth of difference to the advance of Treatyism unless forced to is delusional.

The only way this will occur is if David Seymour and Winston Peters have a strong enough hammerlock on that little baldhead to make him tap out.

Mark from NZ said...

Thank you Mr. Judd, QC.
Next thing we will be led to believe in the Tooth fairy.
To have your own customs, folklore and stories is one thing; but to pretend they are law and relevant in a legal context is simply outrageous. Talk about giving an inch but taking a mile...
Here's to common sense and one law for one nation of people. Thank you.

Anonymous said...

Thank goodness you have done this. I despair for our country.