Incorporating indigenous law within the settler one: Natalie Coates, ‘The Recognition of Tikanga in the Common Law of New Zealand’, New Zealand Law Review, 1, 2015, pp. 1-34
Abstract: This article examines the capacity of the common law to provide for the recognition of tikanga and Māori customary law. It details the limited and mixed way in which courts have treated Māori customary law within the common law thus far, focusing particularly on the recent articulations in the Court of Appeal and the Supreme Court. It then looks at the many inherent limitations and barriers that are erected by the common law and argues that there is potential for the common law to be developed so that it becomes a limited vehicle for Māori customary law to be afforded recognition in the state legal system in the 21st century.
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