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September 30, 2025
Māori Lawyers Push Back Over Goldsmith’s Comments on Tikanga in Courts
Waatea Team
Posted On September 30, 2025
Leading Māori legal voices have publicly rejected remarks made by the Minister of Justice, Paul Goldsmith, who recently expressed concern that court rulings recognising tikanga Māori could undermine legal certainty and deter investment.
The Māori Law Society (Te Hunga Rōia Māori), led by co-presidents Natalie Coates and Tai Ahu, has released an open letter arguing that tikanga Māori is foundational, not a “bolt-on”, to Aotearoa’s legal system. They contend that characterising judicial engagement with tikanga as “bespoke” in a negative sense misrepresents both its legitimacy and coherence.
Goldsmith had warned that New Zealand was developing a hybrid legal model combining common law and earlier Māori traditions, which he claimed could introduce unpredictability. He also indicated the government was prepared to legislate “over the top” of court decisions where needed, to clarify or override them.
In their response, Māori lawyers emphasise that tikanga is already woven into statutes, judicial precedent, and Treaty jurisprudence. They argue that tikanga is discernible – courts rely on evidence, expert input, and precedent to apply tikanga principles, just as they do with common law. They also assert that judicial recognition of tikanga can reinforce fairness, reasonableness, and good faith, rather than weakening the rule of law.
The tension underscores a broader constitutional question: what is the place of tikanga Māori in New Zealand’s legal order, and how should the balance between legislative sovereignty and judicial independence be maintained?
This dispute comes amid heightened attention to Māori legal and cultural rights. In recent days, errors in voting packs for local elections have also drawn scrutiny – including calls for the Electoral Commission to centrally administer the process to ensure fairness for Māori wards.
