Justice Whata leads kōrero on He Poutama
AUT Law School was honoured to welcome Justice Christian Whata for a kōrero about his leadership of He Poutama, a report by Te Aka Matua o te Ture|Law Commission that examines tikanga Māori and its place in Aotearoa New Zealand’s legal landscape.
The New Zealand Council of Legal Education (NZCLE) requires that from Semester 1, 2025 te ao Māori and tikanga Māori content and assessment will be compulsory for all law students in the core courses that form the backbone of the Bachelor of Laws degree in NZ.
Speaking to an engaged audience inside the wharenui, Justice Whata (Ngāti Pikiao and Ngāti Tamateatūtahi - Kawiti of Te Arawa) noted the mahi is infused with challenges and revelations in equal measure.
While the focus of the study paper is clear – to offer an interpretation of tikanga in its legal dimensions – Justice Whata said the move to a bijural legal system requires a shared understanding of how “tikanga” is defined. He cited Tā Edward Taihakurei Durie, a former Chief Judge of the Māori Land Court, who described tikanga as “the set of values, principles, understandings, practices, norms, and mechanisms from which a person or community can determine the correct action in te ao Māori”.
Justice Whata also described how the undertaking requires a “deep cognitive shift”, from a largely individualistic, European approach to a holistic, collective sensibility that reflects and supports te ao Māori ways of thinking and being.
“Unlock yourself – that’s the crucial first step,” said Justice Whata. “Rather than placing yourself on the outside of the legal system looking in, begin within te ao Māori and then move out – this is an essential shift to understanding the framework.”
Acknowledging the range of emotions that the project inspires, Justice Whata emphasised the need for a “language of communication that is as neutral as possible” to describe the establishment of a bijural legal framework. Through his deep interrogation and analysis of Aotearoa’s legal landscape, Justice Whata said it came as an “epiphany” when he realised the “wonderful coherency” of the two systems.
"Te ao Māori is a beautiful normative framework that easily fits [with the European legal system]. The legitimacy is there – that is important.”
Dean of AUT Law School, Professor Khylee Quince, says He Poutama is groundbreaking.
“Justice Whata has delivered a masterpiece that is unlike anything in the world. He Poutama provides clear and robust evidence of how two, currently distinct legal systems – state law and tikanga Māori – can and must come together through a new framework that is beautiful in theory and legally applicable.”
Photos by Ivan Tarlton