Tuhonohono: Custom and State: A Symposium

Elders of Tainui, Your Honours (Judges), Officials and Scholars of the University, Distinguished Guests, Ladies and Gentlemen, I greet you in the languages of the realm of New Zealand - English, Maori, Cook Island Maori, Niuean, Tokelauan and Sign Language.

Greetings, Kia Ora, Kia Orana, Fakalofa Lahi Atu, Taloha Ni and (Sign)

It is pleasure for Susan and myself to attend and for me to officially open the Tainui Endowed College and Te Matahauariki Research Institute's 2007 Symposium - "Tuhonohono: the State and Custom".

I stand before you today not only in the capacity of Governor-General, but also as a former member of the Te Matahauariki Research Institute Advisory Panel from 1997 to 2006. As such, I have amongst you many personal and professional friends.

There is a connection between Te Matahauariki and Government House that bears mention.

At the launch of Dr Alex Frame's book Grey and Iwikau: A journey into Custom at Government House in 2002 the Institute gifted an illustration from the book to Government House and it still hangs in Government House and is a reminder of the connection.

It is unfortunate that I can only attend a modest part of the conference - as I would have relished the opportunity to listen and then discuss the place of Maori Customary Law in the New Zealand legal system, especially in the company of distinguished guests and scholars who will be attending over the next two days.

Tuhonohono, a linking together or bonding, is the central principle of this symposium.

It describes the dual mandate of the symposium, which is first to present the Institute's work, Te Matapunenga: A Compendium of References to the Concepts and Institutions of Maori Customary Law and secondly to discuss the place of Maori customary law in New Zealand.

During my time with Te Matahauariki the Te Matapunenga project was devised and nurtured over time.  It is a thrill to see it finished.

It reflects the Institute's objective to join the customary visions of Maori and Pakeha in a cohesive New Zealand jurisprudence.

It also reflects the coming together of Pacific scholars to advance the understanding of custom law and its contribution to state legal systems.

The symposium is based on three themes, finding, understanding and applying custom. Each theme flows logically to the next, as one cannot apply or understand custom without first finding its location. However, as these three themes will be the subject of much discussion over the following days I would like to comment briefly on what I consider to be the importance of tikanga Maori to New Zealand in 2007. 

Where we have come from, as a nation, is important in determining the relevance of tikanga Maori today. As recipients of an English judicial system, we inherited English common law and legislation yet, even at an early stage, tikanga Maori was recognised. I quote Sir John Salmond in 1924 in reference to the Native Rights Act 1865 from Grey and Iwikau: A journey into Custom:

"aboriginal Maoris should to a large extent continue to live by their own tribal customs, and to this extent those customs were given by statute, and still remain, the authority of law."

As a distinct New Zealand customary law developed the survival of tikanga Maori has often been attributed to its dynamic nature and its ability to change. The disappearance of some practices - such as deliberate cursing - and the arrival of others - such as burial practices - is an example of the adaptability of tikanga Maori.

In conjunction with this, a continual recognition and application of tikanga Maori by Judges in our Courts has seen it survive, and if anything, gain importance as a part of New Zealand common law. Today it is of practical relevance in sentencing, in family protection claims or where a statute expressly requires consideration of it, for example the Resource Management Act. It is also applied in situations where customary law survives unaffected by any other subsequent legislation.

This symposium will not only explore the origins of tikanga Maori but perhaps, more importantly, consider the future role it may play in our legal system. With the attendance of our Pacific neighbours, where native customary law is in many cases more prevalent, much can be learned both from their experiences and our own over the next two days.

I would like to close by resonating a Maori proverb which I believe is reflective of the symposium's purpose:

Waiho i te toipoto, kaua i te toiroa
'Let us keep close together, not far apart.'

I wish Tainui Endowed College and Te Matahauariki Research Institute all the best for the Tuhonohono: the State and Custom Symposium 2007.

I began speaking in all the New Zealand realm languages.  May I close by speaking in Maori issuing greetings and wishing you good health and fortitude in your endeavours.

No reira, tena koutou, tena koutou, kia ora, kia kaha, tena koutou katoa