The Attack on Tikanga Māori
A Living Legacy Under Fire
By Dr Harpreet Singh | drhsinghnz.substack.com | FB: @DrHSinghNZ
One law for all should never mean one culture erased. - Dr Harpreet Singh
I have previously written about this topic here: Tikanga Māori: National Attacks the Judiciary
What is Tikanga and Why It Matters
Tikanga Māori is the heartbeat of Aotearoa’s Indigenous culture. It is not just a set of customs but a philosophy of life grounded in values such as whanaungatanga (relationships), mana (authority and dignity), and kaitiakitanga (guardianship of the environment). Tikanga shapes ceremonies, community interactions, and ethical decision-making. It is dynamic, adaptive, and deeply connected to the land and people. For centuries, tikanga was the first law of this land, guiding Māori society long before colonisation.
Today, tikanga is slowly being recognised in New Zealand’s legal system. Landmark cases like Takamore v Clarke and Ellis v R affirmed that tikanga is part of the common law fabric. This recognition is not about privilege; it is about honouring Te Tiriti o Waitangi and creating a legal system that reflects the country’s bicultural foundation.
Why Tikanga Was Marginalised
The marginalisation of tikanga began with colonisation. When British rule was asserted in 1840, the colonial government imposed English common law as the dominant legal system. Māori customary law was dismissed as inferior and incompatible with Western legal norms. Courts routinely ignored tikanga, and legislation such as the Native Land Acts fragmented Māori land ownership, eroding the social structures that upheld tikanga. Over time, Māori legal traditions were confined to cultural spaces rather than formal governance. This was not accidental; it was a deliberate strategy to assimilate Māori into a European framework and strip them of authority over their own affairs.
Why Tikanga Faces Hostility Today
Despite its significance, tikanga has become a target for political and ideological attacks. Right-wing parties and lobby groups frame tikanga as a threat to legal certainty and national unity. They argue for “one law for all”, a slogan that sounds fair but erases the historical and constitutional reality of Māori rights under Te Tiriti.
The ACT Party, led by David Seymour, spearheads this opposition through the Treaty Principles Bill, which seeks to dilute Māori-specific obligations. New Zealand First, under Winston Peters, has dismissed tikanga as cultural indoctrination in education. The National Party recently blocked regulations requiring tikanga in core law degree subjects. These moves are not neutral policy decisions; they are deliberate steps to marginalise Māori knowledge systems.
Lobby groups like Hobson’s Pledge amplify this rhetoric, portraying tikanga as archaic and divisive. Commentators such as Gary Judd KC go further, labelling tikanga as superstition. Such language is not only dismissive but dangerous, as it perpetuates colonial attitudes and undermines efforts toward genuine reconciliation.
The Cost of Resistance
Attacks on tikanga are more than political skirmishes. They strike at the heart of Māori identity and the promise of partnership enshrined in Te Tiriti o Waitangi. When tikanga is sidelined, Aotearoa loses an opportunity to embrace a legal and cultural framework that values community, reciprocity, and environmental stewardship, principles urgently needed in today’s world.
Opponents claim that tikanga introduces uncertainty into law. In reality, tikanga offers ethical depth and cultural legitimacy. It is not about replacing Western law but enriching it with Indigenous wisdom. Rejecting tikanga is not a defence of equality; it is a denial of history and a refusal to share power.
Why We Must Stand for Tikanga
Supporting tikanga is not just a Māori issue; it is a national imperative. It affirms who we are as a country and how we honour our founding covenant. Tikanga is a living legacy that can guide Aotearoa toward a more inclusive and sustainable future. The attacks against it reveal a fear of change and a reluctance to confront colonial privilege. That fear must not dictate our path.
The question is simple: Do we want a society that silences its Indigenous voice or one that celebrates it? The answer will define the soul of Aotearoa.
I'm often amazed at how universe speaks. At 4am this morning I txtd my niece to share my feelings of how Tikanga is shifting and changing, where with the younger ones, Tikanga has taken on a new normal! From what I had been taught by my elders. This was as a result of me (an elder of the whānau) not being notified about the passing of a much cherished and loved Kuia, three days after she had died. I was upset, annoyed, hurt and devastated to not be able to share in the last moments of her physical presence here on earth.
Four hours later, I cross to substack and find this. Ngā mihi Doctor.
"Tikanga is a living legacy that can guide Aotearoa toward a more inclusive and sustainable future." Absolutely! Another clear and succinct article which is so helpful in my work as tangata Tiriti. Your articles are widely quoted by me in that mahi - thank you again.