Audrey Young is the New Zealand Herald’s senior political correspondent. She was named Political Journalist of the Year at the Voyager Media Awards in 2023, 2020 and 2018.
OPINION
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Welcome to the Politics Briefing. Light is increasingly being shone on major changes under way in New Zealand’s legal system in ways that involve Parliament, the courts, lawyers and people accessing the justice system, including offenders.
Whether it is evolutionary or revolutionary is debatable but some of the changes are being met with resistance. It is a good thing that these changes are being aired.
It is better than waking up in 20 years and realising that the broader legal fraternity changed the system by stealth.
This week I’ve covered two important stories: one about a report pointing to the “overreach” of the Supreme Court in many of its decisions; the other about a rewrite of prosecution guidelines by the Solicitor-General which tells prosecutors that being Māori can be a legitimate factor in making prosecution decisions, be it involving offenders or victims.
I also watched the select committee hearing last night during which Gary Judd KC wanted to revoke a regulation recommended by a statutory body, the Council of Legal Education, making tikanga a compulsory subject for law students in the country’s six law schools.
Of course tikanga should be taught in law school and, given the extent to which it has been included in legislation, it should be compulsory – with some caveats.
Compulsory courses on tikanga in New Zealand law should be given to MPs as well so they might have some idea of their downstream effect.
Tikanga is mentioned in a wide range of laws, including the Property (Relationships) Act 1976, the Oranga Tamariki Act 1989, the Resource Management Act 1991, Te Ture Whenua Māori Act 1993, the Trade Marks Act 2002, the Climate Change Response Act 2002, the Coroners Act 2006, the Marine and Coastal Area (Tākutai Moana) Act 2011, the Patents Act 2013, and the Education and Training Act 2020.
The courses are not about subscribing to tikanga but about its legal application and the subject needs to be taught in a way that encourages debate rather than forcing students to tip-toe around the issue. Having a stand-alone course on tikanga is good, but making tikanga part of every other compulsory course is probably overkill.
Other compulsory subjects include the legal system, the law of contracts, the law of torts, criminal law, public law, property law and legal ethics.
Poll bursts Luxon’s bubble
More than 50% of respondents in a recent poll thought PM Christopher Luxon was out of touch. Photo / Mark Mitchell
Spare a thought for poor old Christopher Luxon when he was confronted with the results of the 1 News – Verian poll this week, particularly the question about whether he was in touch with New Zealanders. Luxon is never more smug than when he is telling people how in touch he is through his extensive visits throughout the country and that MPs should get out of “the Wellington bubble”.
Deputy Prime Minister Winston Peters and Te Pāti Māori co-leader Rawiri Waititi got themselves into an unedifying scrap yesterday over a joke that fell flat.
Waititi literally stood up in Parliament and signalled to Peters to take their disagreement outside. Peters later said if he had, Waititi would have been limping away (see Jamie Ensor’s story below). The joke? Peters took aim at Labour’s Willow-Jean Prime for having asked a question of the Education Minister, then interjecting all the way through her answer. And it went something like this...
Peters: Would students at the reo Māori lessons learn more if they kept their mouths shut while the teacher was talking?
Waititi: You’re going to laugh about it?
Speaker: Go and have an argument outside.
Waititi: I’m keen.
Peters: You wouldn’t last five minutes.
Waititi: You wouldn’t last five seconds, mate.
Peters: You wouldn’t last five seconds.
Waititi: You wouldn’t last five seconds.
Peters: You might walk about but you’d be limping back.
Waititi: You might not even get to the door, stupid fool.
Quote unquote
“We have broken the back of the inflation beast” – Finance Minister Nicola Willis after a 2.2% result in the September quarter, the first time inflation has fallen below 3 per cent since March 2021.
Micro quiz
Which country will Foreign Minister Winston Peters visit on Sunday to attend the inauguration of its President? (Answer below.)
Brickbat
Labour leader (and occasional betting man) Chris Hipkins. Photo / Mark Mitchell
Goes to Chris Hipkins. Betting a whole $1000 with a ZB talkback host on him returning as Prime Minister after the next election suggests he might be slightly out of touch with voters on Struggle Street.
Bouquet
Former MP Angie Warren-Clark's work has paid off. Photo / Tania Whyte
