November 27, 2013
Court rejects tikanga defence
The Court of Appeal has rejected an appeal by a Northland man that he was not subject to driving laws.
Neil Phillips had been found guilty in the Kaikohe District Court of one charge of careless use of a motor vehicle, and fined $350.
In a judgment released yesterday, the Court of Appeal said Mr Phillips argued that the Land Transport Act and related legislation enacted by Parliament do not apply to Maori, and he was subject only to tikanga Maori or customary law.
It says such arguments had already been considered and rejected by the Supreme Court and were plainly unarguable.
Parliament is sovereign and its legislation applies to all New Zealanders irrespective of race.
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