Barrister Gary Judd KC has made a complaint to Parliament’s Regulation Review Committee concerning the Professional Law Examinations Tikanga Māori Requirements Amendment Regulations 2022 (“tikanga regulations”).
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The author of substack letter, Thoughts from the North, and has been a frequent critic of governance and ‘coercion’ issues, as well as writing and speaking about the increasing use of tikanga as part of judicial reasoning.
His complaint contends that the integration of tikanga into the legal education system has serious implications for legal principles and institutions in New Zealand.
What is his complaint?
The complaint centers around the New Zealand Council of Legal Education’s regulation, which mandates that all law students starting from 1 January 2025 must complete a subject on the principles and practices of tikanga Māori (Māori laws and philosophy).
He argues against the compulsion of tikanga education, asserting that it doesn’t fit within the traditional legal framework and violates the principles of the rule of law and the sovereignty of Parliament.
His Key concerns:
- Compulsion of Tikanga Education: By making tikanga education compulsory for law students imposes the beliefs and values of one section of society on the community as a whole, under the pretense that tikanga is law.
- Tikanga is Not Law: He argues that tikanga, while important culturally, is not law in the traditional legal sense. It cannot pass the tests of certainty, consistency, reasonableness, and morality required for recognition as law.
- Rule of Law and Sovereignty of Parliament: He contends that endorsing tikanga as law undermines the principles of the rule of law and the sovereignty of Parliament. Tikanga regulations elevate tikanga above the common law without proper justification.
- Violation of Human Rights: By mandating tikanga education the proposed change infringes the human right to freedom of thought, conscience, religion, and belief, as individuals should not be compelled to adopt specific beliefs or values.
- Legal Basis of Tikanga Regulations: He criticizes the drafting and approval process of the tikanga regulations, highlighting deficiencies in communication with the minister and parliamentary presentation procedures.
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