I explained in Move to disallow part of tikanga Regs that the effect of the MP Joseph Mooney’s notice of motion was to remove from the regulations 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.
But, in accord with the Committee’s report the standalone tikanga subject remains in the regulations.
This is in today's Parliamentary Order Paper:
This is in today's Parliamentary Order Paper:
25 Member's notice of motion No 1 Disallowance of provisions in Professional Examinations in Law Regulations 2008 - SO 329 To be debated next members' day 1 hour (Business Committee determination)
I am told it will be debated next Wednesday, 21 May.
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(i)the notice is withdrawn: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.
My understanding is that, after the debate, there will be a vote and the motion to disallow will be disposed of either by its acceptance or rejection. A third possibility is, I suppose that there will not be a vote, i.e., it will not be "disposed of," in which case the regulation will cease to have effect to the extent indicated in the notice of motion, once the deadline is reached.
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.
2 comments:
We must wait with bated breath to see what our Parliamentarians do on Weds. Then we have the stupidity of considering allowing tikanga in the House itself!
John Raine's recent (16 May) commentary expressed what needs to happen in our universities, but it is not only those that are impacted by this tikanga requirement. Who amongst the general public would appreciate that even in the draft Education and Training Amendment Bill (No.2) it, amongst other things, states:
127 Paramount objective of boards in governing schools...
(2) To meet the paramount objective, the board must meet the following supporting objectives: ...
(b) to ensure that the school uses good quality assessment and aromatawai information to monitor and evaluate students’ progress and achievement, including any assessment or aromatawai specified in a foundation curriculum policy statement: ...
(e) to ensure that the school gives effect to Te Tiriti o Waitangi, including by—
(i) achieving equitable outcomes for Māori students; and
(ii) working to ensure that its plans, policies, and teaching and learning programmes reflect local tikanga Māori, mātauranga Māori, and te ao Māori; and (iii) taking all reasonable steps to make instruction available in tikanga Māori and te reo Māori: ...
And our coalition Government may wonder why our GDP is in the doldrums and why our comparative international education standards are so poor as the vast majority of our teachers and the public at large flounder about wondering what needs to be understood and addressed under "aromatawai"; the prevailing "local tikanga"; and both "mātauranga" and "te au Māori" perspectives?
And this from a coalition led by a party that emphatically claimed it would get us "back on track." Who would have ever appreciated that that "track" was to be from a time and place before the local inhabitants had discovered the wheel?
But, presumably, at least the Maori economy and 'consultation' market will boom.
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