Pee Kay: What Is It Going To Be, Law Or Lore?

Law should be fairly simple to understand, shouldn’t it? It is simply there, written in black and white and based on what has gone before.

 
But sometimes it is not that easy to interpret. That is why we have learned judges who we need to and should be able to interpret the law fairly and justly on our behalf.

Maybe that is not so true in these days of decolonisation and Maori radicalism?

There is the law of the land, typically, civil law, as we have in New Zealand and it refers to all of the laws in force within our country. Laws of the land are made by statute, a formal written enactment of a legislative body.

 
In our case our Parliament. An Act of Parliament, a statement of law in its highest form, is a law agreed to by both the House of Representatives and the Sovereign or the Governor-General.

Then there is common law. Common or sometimes called Case Law is the collective term for decisions or judgments issued by judges on cases they hear in court. Case law incorporates courts’ decisions from individual cases and encompasses courts’ interpretations of statutes.

 
What lies at the heart of common/case law is precedent and the concept that it should be decided according to consistent principled rules so that similar facts will yield similar results.

But what is now, dangerously, permeating our legal system is Tikanga Māori. Tikanga Maori, expertly and conveniently wrapped up in legalise and presented by legal Maori Sovereignty activists as Bijural Law!

 
Never heard of it? I doubt many lay people in New Zealand would have. But we need to be aware!

Earlier this year Anthony Willy, a Barrister and Solicitor, who served as a Judge on four Courts and most importantly, a distinguished legal mind wrote – :”…it is an entirely new system of law for New Zealand advocated by Justice Christian Whata our latest judicial appointment to the court of appeal.”

“The fact that it is practiced nowhere else in any country which has a settled legal system does not concern its advocates. It appears to involve the merging of Maori tribal customs which were extant in New Zealand in 1840 with the Common Law which came to us when most of the tribes ceded sovereignty over New Zealand to the British Crown.”

“Given this impressive background it is with astonishment that one reads of his intention to ignore his judicial oath and lead the way in replacing our common law with his newly invented “bijural law.” What makes this intention the more concerning is that it will certainly meet with support and approval among some members of our supreme court, and if allowed to flourish will, given the ages of Justice Whata, Justice Williams (ex-Waitangi Tribunal) replace the common law as we know it.”

“Justice Whata wishes to introduce as a legal system having equal status with the Common Law. If this is to happen then a number of questions arise. Is it all known tikanga practices which are to become part of our law? cannibalism, trade in shrunken heads, slavery, revenge killings….”

“That said the concern is that our superior courts now contain a number of judges who have shown a ready acceptance of infusing the common law with the notion of tikanga.”

Anthony Willys assertion of astonishment when reading Justice Whata “…of his intention to ignore his judicial oath…” should worry us all!

If a high court judge is capable of breaking his judicial oath, what other nefarious acts are the judiciary adept at executing, all in the name Maori Sovereignty!

Bijural Law is the formal description of the of the entwining of an established legal system (civil law or common law, as we have in New Zealand) with a supposed pre-existing law or customary law.

The interweaving of our clearly defined civil laws with customary law is where the distorting of the lines begins and the definition of a law becomes fluid.

Therefore the important question that needs to be answered; Is tikanga law or lore?

If LAW refers to a system of rules created and enforced by a governing body, to regulate behaviour, serving as a basis for society’s legal structure…

And if LORE encompasses the traditions and knowledge passed down within a culture, orally in Maori culture because they had no written language, and pertains to the myths, legends and customs that a cultures heritage is founded on…

How can they, legally, coexist?

Tikanga is a subset of a Te Ao Māori (world view) and Tikanga Māori translates as Māori custom, representing and indicating customs and traditions, heritage, hereditary tribal narratives. Therefore, in Māori terms, to act in accordance with tikanga is to behave in a way that is culturally proper or appropriate.

Now at this point we see the lines becoming very blurred. While concepts of tikanga are constant, their practice can vary between iwi and hapu. Therefore, every hapu has their own specific tikanga, their own way of doing things.

Then, there are activists using these variations of tikanga claiming tikanga is fluid, tikanga is always evolving!

If so, then that makes for one hell of a problem when we see the judiciary incorporating tikanga in to law!

That paradox was summed up by lawyer and former MP, Stephen Franks, who believes tikanga gives judges a license to dispense with certainty. He says: “What we are doing is licensing our judges to decide cases on how they feel and not according to law. Because it is unwritten, tikanga is easily invented to suit and you can’t subject it to the normal rationality constraints.”

There is only one consequence from the burgeoning influence of tikanga in our law courts; The undermining of the rule of law and what follows that, anarchy prevails and then democracy is lost!

We are witnessing a massive overreach of influence and power by a minority section of our society. Influence and power that is enabled by public apathy and facilitated by disingenuous and duplicitous politicians. The salt in the wounds is; It is undertaken with taxpayers footing the bill!

Our country is being appropriated, in front of our eyes! We are effectively being disenfranchised! Or, to put it more bluntly – marginalized and disregarded by our government as they inexplicably support the cementing of maori authority and control!

Great Britain has a Muslim population of 6.5% and that is expected to double by 2030. Is it reasonable to expect the Muslims to be able to enact Sharia Law?

Bijural Law is not law! Law cannot be concocted to fit a circumstance.

Why are the activists pushing Bijural Law? I do not believe it is simply to enable improved or non-discriminatory outcomes for, presumably maori, who are before the court. Although, in 2024 one Joshua Green was able to obtain a discharge without conviction because a conviction would have significantly affected his mana.

Maori have been bestowed with the power to impose themselves and their fabricated lore into all aspects of our society and as this power is allowed to consolidate, whether it is Bijural Law, co governance, a Rahui or simply demanding payment for fishing and filming in a Taupo river, they are just more “bricks in the wall” that creates the division, the them and us. SEPARATISM!

Bijural Law is a precise example of the subversion employed by Maori activist in academia, civil service, politics and in this case the judiciary, using the incremental creep of increasing authority and primacy as the march to Maori Sovereignty gathers pace!

We must never forget, by 2040, He Puapua proposes both a general government Chamber (where Maori can sit) and a Maori Chamber (for Maori only), but the kicker here is, the Maori chamber would ultimately have final decision-making authority (via the power of veto) in “Aotearoa”.

So, what is it going to be, LAW or LORE?

Pee Kay writes he is from a generation where common sense, standards, integrity and honesty are fundamental attributes. This article was first published HERE