October 14, 2022
Ellis case tikanga change part of wider shift
A lawyer involved in the posthumous appeal of the 1993 child sex abuse conviction of Christchurch Creche worker Peter Ellis says its use of tikanga could be the start of a major shift in the law.
The Supreme Court gave leave for the appeal after hearing from Māori experts that mana continues even after death.
Mr Ellis died in 2019.
Last week the court quashed the conviction after finding problems with the testimony of an expert witness and the way the jury was warned on the risk of contamination of complainant evidence.
Kingi Snelgar says acceptance of tikanga by the highest court will have major implications for our largely mono-cultural legal system.
“Ultimately we are at the end of what is a colonisation pipeline of the justice system so what about changing the whole system and not just parts,” he says.
Mr Snelgar says it’s ironic tikanga led to convictions against a pakeha being quashed – but it’s a start.