Logo image
Tikanga Māori and Criminal Law: Paper presented to New Zealand Law Society Continuing Legal Education Criminal Law Conference (May 2026)
Preprint   Open access

Tikanga Māori and Criminal Law: Paper presented to New Zealand Law Society Continuing Legal Education Criminal Law Conference (May 2026)

Yasmin Olsen and Khylee Quince
SSRN Electronic Journal
Elsevier
07/07/2026
Handle:
https://hdl.handle.net/10523/52592

Abstract

Tikanga Māori Criminal Law Ellis V R Te Tiriti O Waitangi Criminal Justice Sentencing Name Suppression
This paper analyses the increasing role of tikanga Māori within Aotearoa New Zealand’s criminal law, and outlines the substantive and procedural competencies now required of criminal practitioners in relation to tikanga Māori. It begins with a brief overview of the legal foundations for the criminal law’s recognition of tikanga Māori, and an introduction into how tikanga Māori principles (including whakapapa, mana, whanaungatanga, hara and utu) operate together as a system for responding to harm. Against that background, the paper evaluates emerging case law, particularly in name suppression and sentencing, where tikanga considerations are arising more frequently. It further identifies the practical skills required to engage with tikanga appropriately, including recognising when it may (and may not) be relevant, working with experts, and safeguarding the integrity of tikanga Māori when it arises in criminal litigation. The paper concludes by examining implications for client care, emphasising the need for careful engagement as the criminal justice system navigates the interface between Māori and state legal orders.
url
https://doi.org/10.2139/ssrn.6915541View
Preprint (Author's original) Open All Rights Reserved

Metrics

1 Record Views

Details

Logo image