This is in today’s Parliamentary Order Paper.
Joseph Mooney to move, That this House disallow the following provisions of the Professional Examinations in Law Regulations 2008:
(a) regulation 1(3), definition of “Tikanga Māori Requirements”, paragraph (a); and
(b) regulation 3(1)(a)(ii).
This notice of motion was given by a member of the Regulations Review Committee on 8 April 2025. It remains on the Order Paper under Standing Order 329. If it has not been withdrawn or otherwise disposed of in 21 sitting days, it takes effect under section 117 of the Legislation Act 2019.
There are 21 sitting days remaining.
Lodged 8 April 2025
The effect of the proposed disallowance is to remove the requirement for the teaching and assessment of the general principles and practices of tikanga Māori | Māori laws and philosophy to be included in The Legal System, The Law of Contracts, The Law of Torts, Criminal Law, Public Law, Property Law and Legal Ethics.
In accord with the Committee’s report the standalone tikanga subject remains.
Section 117 of the Legislation Act 2019 provides
117Secondary legislation disallowed if House of Representatives does not dispose of motion to disallow
(1) Secondary legislation, or a provision of secondary legislation, to which this subpart applies is disallowed if—
(a) a member of the Committee of the House of Representatives responsible for the review of secondary legislation gives notice of a motion to disallow it; and
(b) none of the following happens before the deadline:
(i) the notice is withdrawn:
(ii) the House disposes of the motion:
(iii) Parliament is dissolved or expires.
(2) Legislation disallowed under this section ceases to have effect on the later of—
(a) the deadline; and
(b) any date stated in the notice of motion as the date on which the legislation ceases to have effect.
(3) In this section, the deadline is the close of the 21st sitting day after the giving of the notice of motion.
This means that the notice of motion does not need to be debated. As the notice of motion does not have a disallowance date, unless the notice is withdrawn, the House disposes of the motion or Parliament is dissolved or expires, the disallowance will take effect automatically. As none of these is likely to happen, most likely the provisions will be automatically disallowed.
The disallowance of the regulations will not prevent the Law Schools from themselves choosing to include tikanga in the other compulsory subjects.
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.
5 comments:
You are doing such great work Gary. However, no doubt the legal profession and law schools will find a way around this as our government is too weak to give absolute certainty in these matters.
If ... "The disallowance of the regulations will not prevent the Law Schools from themselves choosing to include tikanga in the other compulsory subjects." what was the point of all this? Maybe I'm stupid but this looks like the 'law appliers' have an avenue to subvert the will of the Parliament by just doing it anyway. Like I said, I'm stupid! Am I alone in wondering if our 'law makers' are worth their salt?
It will be interesting to take this proposed disallowance ....teaching and ASSESSMENT of the general principles and practice of Tikanga ... then lists the various aspects of law including Public law Property law and Legal ethics into the High Court and Appeal Court and argue that if parliament does not allow it to be taught and assessed, Then why should it be allowed and assessed in real life court hearings?.
It could have a significnt effect on the Sea Bed and Foreshore MACA hearings , Judgements and Appeals
Yes Anon 10 April @7.43. What is the whole point of the exercise if it can be ignored? The tiger needs some teeth!
From my calculation whereas sitting days in Parliament are 3 days per week it will be 17th July 2025 when Tikanga is disallowed from being taught within law studies .
Mark it in your diary to appreciate Gary Judd KC work.
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