An appeal of the High Court's decision to overturn the Waitangi Tribunal summons of the Children's Minister has been lodged. 

It ruled Karen Chhour could not be compelled to appear before the Tribunal over her plans to repeal part of the Oranga Tamariki Act.

Constitutional law expert Andrew Geddis told Andrew Dickens that the Waitangi Tribunal does have the power to summon a minister. 

He says the court said on this occasion, the reasons why the minister was being summoned and evidence she could provide wasn't enough to justify using that power.

LISTEN ABOVE

An appeal of the High Court's decision to overturn the Waitangi Tribunal summons of the Children's Minister has been lodged.  
It ruled Karen Chhour could not be compelled to appear before the Tribunal over her plans to repeal part of the Oranga Tamariki Act. 
Constitutional law expert Andrew Geddis told Andrew Dickens that the Waitangi Tribunal does have the power to summon a minister.  
He says the court said on this occasion, the reasons why the minister was being summoned and evidence she could provide wasn't enough to justify using that power. 
LISTEN ABOVE

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Open your mind to the world with New Zealand’s number one breakfast radio show. Without question, as New Zealand’s number one talk host, Mike Hosking sets the day’s agenda. The sharpest voice and mind in the business, Mike drives strong opinion, delivers the best talent, and always leaves you wanting more. The Mike Hosking Breakfast always cuts through and delivers the best daily on Newstalk ZB.

Open your mind to the world with New Zealand’s number one breakfast radio show.

Without question, as New Zealand’s number one talk host, Mike Hosking sets the day’s agenda.

The sharpest voice and mind in the business, Mike drives strong opinion,...

The Mike Hosking Breakfast

Andrew Geddis: Constitutional Law Expert on the appeal lodged against the High Court's decision to overturn the summoning of Karen Chhour

A senior King’s Counsel has filed a complaint to the Government’s Regulations Review Committee over incoming compulsory tikanga Māori studies for law students.   

Gary Judd KC told the Herald he did so because up until now the curriculum for lawyers has been made up of what he described as “proper law subjects”, such as criminal law and the law of torts. 

“Tikanga is a system of beliefs, a system which indicates the way the Māori people who subscribe to tikanga consider is the right way of doing things. So it is quite different,” Judd said. 

Deputy Prime Minister Winston Peters also weighed into the debate by supporting Judd’s complaint in a statement and social media post. 

“Tikanga is not law. It is cultural indoctrination,” Peters said. 

“Law students should not be force-fed this kind of woke indoctrination from some culture warrior’s slanted version of what tikanga means.” 

But emeritus professor of law at University of Auckland Jane Kelsey told the Herald she disagrees with Judd’s complaint, saying New Zealand is lucky to have a curriculum which reflects the country’s history. 

“Mr Judd is about the same vintage as me. The Treaty warranted one class in my entire law degree, and that was the English version. Thankfully, we now have a more informed curriculum that reflects our history, colonial and Māori, which has fed through into a more informed jurisprudence,” Kelsey said. 

Kelsey said she found students embraced learning about the Māori ethical and spiritual relationships encompassed in tikanga and it provided valuable perspective. 

“I found my students embraced the richness of that approach. It is now reflected in our courts as well, recognising that tikanga is not just another system of law but one that Te Tiriti said would continue to operate alongside the common law.” 

Te Herenga Waka – Victoria University of Wellington describes tikanga as Māori customary practices or behaviours. 

“The concept is derived from the Māori word ‘tika’ which means ‘right’ or ‘correct’ so, in Māori terms, to act in accordance with tikanga is to behave in a way that is culturally proper or appropriate,” the university states. 

Yet in Judd’s complaint, he argued the new requirement was “symptomatic of a dangerous trend” where those with the power to do so seek to impose the beliefs and values of one section of society upon the community as a whole. 

“They do so in this instance by pretending that tikanga is law and therefore it is fitting to compel law students to learn about it,” he wrote. 

Judd felt it was inappropriate for the New Zealand Council of Legal Education to compel all law students to engage in something which he said was not law at all. 

He told Mike Hosking that he believes a small group of people imposing their beliefs on the population are responsible. 

LISTEN ABOVE

A senior King’s Counsel has filed a complaint to the Government’s Regulations Review Committee over incoming compulsory tikanga Māori studies for law students.   
Gary Judd KC told the Herald he did so because up until now the curriculum for lawyers has been made up of what he described as “proper law subjects”, such as criminal law and the law of torts. 
“Tikanga is a system of beliefs, a system which indicates the way the Māori people who subscribe to tikanga consider is the right way of doing things. So it is quite different,” Judd said. 
Deputy Prime Minister Winston Peters also weighed into the debate by supporting Judd’s complaint in a statement and social media post. 
“Tikanga is not law. It is cultural indoctrination,” Peters said. 
“Law students should not be force-fed this kind of woke indoctrination from some culture warrior’s slanted version of what tikanga means.” 
But emeritus professor of law at University of Auckland Jane Kelsey told the Herald she disagrees with Judd’s complaint, saying New Zealand is lucky to have a curriculum which reflects the country’s history. 
“Mr Judd is about the same vintage as me. The Treaty warranted one class in my entire law degree, and that was the English version. Thankfully, we now have a more informed curriculum that reflects our history, colonial and Māori, which has fed through into a more informed jurisprudence,” Kelsey said. 
Kelsey said she found students embraced learning about the Māori ethical and spiritual relationships encompassed in tikanga and it provided valuable perspective. 
“I found my students embraced the richness of that approach. It is now reflected in our courts as well, recognising that tikanga is not just another system of law but one that Te Tiriti said would continue to operate alongside the common law.” 
Te Herenga Waka – Victoria University of Wellington describes tikanga as Māori customary practices or behaviours. 
“The concept is derived from the Māori word ‘tika’ which means ‘right’ or ‘correct’ so, in Māori terms, to act in accordance with tikanga is to behave in a way that is culturally proper or appropriate,” the university states. 
Yet in Judd’s complaint, he argued the new requirement was “symptomatic of a dangerous trend” where those with the power to do so seek to impose the beliefs and values of one section of society upon the community as a whole. 
“They do so in this instance by pretending that tikanga is law and therefore it is fitting to compel law students to learn about it,” he wrote. 
Judd felt it was inappropriate for the New Zealand Council of Legal Education to compel all law students to engage in something which he said was not law at all. 
He told Mike Hosking that he believes a small group of people imposing their beliefs on the population are responsible. 
LISTEN ABOVE

Gary Judd: Senior King's Council on his complaint over adding compulsory tikanga Māori studies for law students

The Justice Minister's looking at rolling back the option to enrol on election day. 

An Auditor-General report's identified multiple errors with the vote counting process, including miscounts, data entry mistakes, and the misplacement of one ballot box, which was not counted. 

It's also found the official result was rushed through within a few hours on the day it was announced. 

Paul Goldsmith told Mike Hosking that New Zealand is one of the only countries that allows people to enrol to vote on election day. 

He says that applies enormous pressure to the system and is why it took three weeks to count the votes last election, and mistakes were made.

LISTEN ABOVE

The Justice Minister's looking at rolling back the option to enrol on election day.  
An Auditor-General report's identified multiple errors with the vote counting process, including miscounts, data entry mistakes, and the misplacement of one ballot box, which was not counted.  
It's also found the official result was rushed through within a few hours on the day it was announced.  
Paul Goldsmith told Mike Hosking that New Zealand is one of the only countries that allows people to enrol to vote on election day.  
He says that applies enormous pressure to the system and is why it took three weeks to count the votes last election, and mistakes were made. 
LISTEN ABOVE

Paul Goldsmith: Justice Minister on the issues and errors with the electoral system, looks to roll back on the day enrollments

It’s not boding well for the Tories in the wake of the local elections.

The Conservative Party has lost over 500 councillors, making it the worst result not only in living memory but in the party’s history.

UK Correspondent Rod Liddle told Mike Hosking that the results came in during a glorious week for Rishi Sunak, but it did him no favours at all.

He said they’re in a position now where there’s pretty much nothing they can do.

LISTEN ABOVE

It’s not boding well for the Tories in the wake of the local elections. 
The Conservative Party has lost over 500 councillors, making it the worst result not only in living memory but in the party’s history. 
UK Correspondent Rod Liddle told Mike Hosking that the results came in during a glorious week for Rishi Sunak, but it did him no favours at all. 
He said they’re in a position now where there’s pretty much nothing they can do. 
LISTEN ABOVE

Andrew Geddis: Constitutional Law Expert on the appeal lodged against the High Court's decision to overturn the summoning of Karen Chhour

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