Christie Wallace sets out the opportunity and risks in legal education engaging with tikanga Māori.

The growing incorporation of tikanga Māori into Aotearoa’s legal jurisprudence reflects a positive shift in recognising the indigenous legal traditions of this nation. Justice Williams describes the amalgamation of tikanga and state law as “transformative” in creating a hybrid third law that is “distinct from its parents”. Law schools play a particularly important role in shaping the future of legal practice. They are tasked with equipping the next generation of lawyers with a sound legal education that now includes tikanga as a fundamental component. In recognising this responsibility, legal institutions across Aotearoa are developing and revising curriculums to educate the masses about a legal system that most have had little engagement with.

Therein lies both opportunity and risk. Engaging with tikanga prompts reimagining legal education in a way that has not been done before – namely, a systemic departure from Western philosophies and Western approaches to legal education. A bijural legal education requires engaging with Māori sources of legal rights and obligations, which further requires drawing on mātauranga Māori, pūrākau, mōteatea and other forms of kupu tuku iho as legitimate sources of knowledge. Emphasising the validity and credibility of rich cultural knowledge embedded in oral histories is now crucial for the law degree. An indigenised law degree also prioritises bilingualism in practice. Fostering a genuine connection with tikanga requires engagement with te reo Māori, which is the appropriate medium through which tikanga is communicated, expressed and experienced. Tikanga education may eventually also see a departure from Western pedagogy into educational environments that are conducive to wānanga.  For some, this departure from the traditional Western education framework may be uncomfortable. For many of us, it is a refreshing and necessary evolution. 

Notwithstanding the transformative effect of tikanga in the law, there exists concerns from its incorporation in legal education that are worthy of consideration. The endeavour to teach young legal minds about tikanga means that it is contextualised within the legal realm. This creates a misconception that tikanga Māori, as discussed within the context of the law, is an authentic manifestation of tikanga. It is not.

Educating a Western audience about tikanga requires using the language and norms recognised by that audience. This leads to categorising and providing rigid definitions of tikanga principles to enable this understanding. While this is necessary for legal education, this means that tikanga exists purely as theory in the classroom which is the antithesis of tikanga as a fundamentally experiential philosophy. Tikanga values inform how we do things but it is the practice of those values that brings it to life. A complete understanding of it requires more than citing academia – whanaungatanga may be defined as kinship, but how it manifests in any situation depends on the context. Furthermore, the practice of tikanga plays a crucial role in its evolution. Practice informs whether that particular manifestation of tikanga continues to serve a purpose in contemporary times, or whether it needs to adapt to changing circumstances. Where the law has clear parameters within which it operates, tikanga Māori is multi-dimensional and highly contextual. Some may misinterpret this as leading to uncertain outcomes. However, tikanga produces definitive solutions and tika processes when comprehensively understood. Risks emerge when these discussions of tikanga in the (legal) classroom are misconstrued as an authentic representation of tikanga. One could argue that this distances tikanga from its source and diminishes its legitimacy. 

So, what to make of all this? I think it is crucial for those introduced to tikanga through law school to recognise that tikanga operates autonomously in the Māori dimension, independent from the legal dimension. In fact, tikanga governed society long before the common law ever made it to Aotearoa’s shores. Law schools can provide a foundation for tikanga knowledge but a comprehensive understanding of its intricacies comes primarily through experience. The best exposure to tikanga occurs at marae – where it is practiced in its most authentic and natural state. 

Furthermore, Māori mā, this reflects that we cannot rely on a Western institution to ground ourselves in tikanga Māori. Law schools cannot replace the marae, and we need to reconnect ourselves with our kāinga lest our understanding of tikanga is shaped by Western legal education. This presents an exciting opportunity to look inward about how we can meaningfully engage with tikanga and breathe life into the values discussed in class. Such engagement can include reclaiming and honouring te reo Māori, learning the histories of your iwi, or returning home and contributing to the communities that keep the fires of occupation burning. Tikanga thrives in the living traditions of Māori communities, and upholding a deep respect for tikanga requires engaging with its cultural roots and practices. Furthermore, our contributions to tikanga and te ao Māori should not end with discussing its interactions with the law. Tikanga values such as whanaungatanga do not just inform our relationship with each other but our relationship with and obligations to te ahurea Māori. They call us to actively demonstrate our commitment to te ao Māori in ways that are grounded in authenticity, respect, and a true dedication to the philosophies that have guided our people for generations.

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