R v Mason
High Court  NZHC 1849
27 July 2012
In R v Mason  NZHC 1361 Heath J gave reasons for refusing to allow Mr Mason to be dealt with in accordance with tikanga Māori in his trial and sentencing. After pleading guilty to charges of murder and attempted murder Mr Mason was convicted. Mr Mason was sentenced on 27 July 2012.
Max Harris returns to Heath J’s earlier judgment, explores how tikanga Māori matters were addressed in Heath J’s sentencing notes, and makes some remarks about how cultural considerations (including tikanga Māori considerations) might be incorporated into sentencing in future, particularly in light of the Sentencing Act 2002 and a recent decision of the Supreme Court of Canada.
Download R v Mason  NZHC 1849 here (88 KB PDF). read more
On 18 December 2012 the Supreme Court released its decision in Takamore v Clarke. The case is about who has the right to decide where a body is buried. read more
R v Mason
High Court  NZHC 1361
15 June 2012
Mr Mason was facing trial on one count of murder and one count of attempted murder. He applied to be dealt with in accordance with tikanga Māori (Māori customary law). The High Court refused. Subsequent to this ruling Mr Mason entered guilty pleas to the charges and was remanded for sentence.
The Court’s reasons have now been issued. These contain discussion of how tikanga Māori fits with statute-based criminal law in Aotearoa/New Zealand.
Download R v Mason  NZHC 1361 here (203 KB PDF). read more
Takamore v Clarke
Court of Appeal  NZCA 587
23 November 2011
James Takamore died in Christchurch in 2007 having lived most of his adult life there without participating actively in the affairs and customs of his iwi, Whakatohea and Ngāi Tūhoe. After he died, his whanaunga came to claim (tono) his body. Before the matter was resolved by discussions, relatives of the deceased took the tūpāpaku to Opotiki where a tangi (funeral) was held nearby and burial took place in a private urupa (cemetery).
Download Takamore v Clarke  NZCA 587 here (PDF 695 KB). read more