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- Title
Hearing the Māori Voice: The Case for Proper Implementation of Tikanga and Treaty Principles in Natural Justice Analysis.
- Authors
DEMPSEY, MIKAYLA MCKENZIE
- Abstract
The courts can do more to make administrative law consistent with the Treaty of Waitangi. In natural justice review, courts prescribe the procedural steps that administrative decision makers must take to give individuals affected by their decisions a fair hearing. In large-scale decisions relating to land and resources, Treaty principles are enforced upon the Government through the duty to consult. However, in individuallevel administrative decisions affecting Māori, procedural fairness review references neither tikanga nor the Treaty. This discrepancy is theoretically unsound and must be reformed. This article argues that judicial natural justice analysis must take both tikanga values and Treaty principles into account where a Government decision impacts individual Māori. While a novel approach, accommodating these Treaty principles is consistent with current administrative law precedent. Tikanga is also a relevant component of procedural fairness review under the precedent set in Takamore v Clarke. This approach means that Māori are more likely to be afforded an extensive forum to express their views on upcoming Government decisions that affect them. Māori could have more say on matters like Board of Trustee hearings on school suspensions and expulsions, parole decisions, prison discipline and even proposed Oranga Tamariki uplifts. This reform is needed to ensure that Government agents hear the Māori voice on issues that directly impact them.
- Subjects
NEW Zealand; ADMINISTRATIVE law; TREATY of Waitangi (1840); MAORI (New Zealand people); TREATIES
- Publication
Te Mata Koi: Auckland University Law Review, 2021, Vol 27, Issue 1, p55
- ISSN
0067-0510
- Publication type
Article