What do Māori mean by accountability?
Māori have an enduring system of accountability
based on tikanga Māori or Māori law. “Tikanga
Māori is Māori law – it is the correct way to carry
out something in Māori cultural terms … which
encompasses a vast body of knowledge, wisdom
and custom … derived from whanaungatanga, the
interconnectedness of all living things through
whakapapa.”40 But as Margaret Mutu notes, tikanga
Māori is not a fixed or prescriptive group of rules
as is English-made law but is related to context
and situation. Through this adaptive system, Māori
actively and continuously apply tikanga Māori,
depending on the circumstances, as a “reliable and
appropriate way of achieving and fulfilling certain
objectives and goals”.41 Bargh defines tikanga as “a
flexible set of values and practices that change and
can be adapted over time”.42 Bargh and Malcolm
point out that tikanga Māori is provided for in Te
Tiriti, with the expectation that the two forms of
law, that of the British and Māori, would be applied
together from 1840.43 While Mutu, Bargh and
Malcom describe tikanga Māori as law, although
different in form and application from British law, it
can also be understood as effective accountability
because it is continuously applied by whānau and
hapū.
Tikanga Māori implies obligations that should be
observed by all, and the values and principles that
underpin tikanga Māori ensure that every member
of the community is a kaitiaki and monitors the
understanding of what is correct in the particular
context. The community are the eyes and ears to
continuously monitor what is appropriate and what
is expected of people. Tikanga Māori is an agreed
understanding of why things are done, ensuring
that the values of whānau and hapū are respected.
Tikanga is “the understanding of what is right in the
relationships humans have”.44
Tikanga Māori is supported by many other
principles that may be relevant depending
on the context and that may differ to some
degree throughout Aotearoa. The values
that frequently underpin tikanga include
kaitiakitanga, manaakitanga, rangatiratanga
and whanaungatanga, and these values should
not be considered in isolation. A key aspect of
accountability in Te Ao Māori is that principles,
values, and understandings of relationships of
people and environment are interconnected
and thus responsibilities and obligations of
tikanga Māori are shared understandings
that interconnect. “Whakapapa suggests that
accountability is grounded in kinship, place and
intergenerational relationships”45 or in conjunction
with a whakapapa ethic that “people will manage
their affairs in a way that is consistent with certain
agreed norms”.46 Therefore, application at a
national level needs to be specifically applied to
that level. Tikanga Māori, while of long standing, is
current today and is actively applied. Ani Mikaere
defined tikanga as the “first law of Aotearoa, a law
that served the needs of Tangata Whenua for a
thousand years before the arrival of tauiwi”.47
The Cabinet Office circular of 2019 noted by
the New Zealand Law Society had this to say
about tikanga and tikanga Māori: “The courts
have recognised tikanga Māori as part of New
Zealand common law and as a value that informs
development of the common law. While their
precise impact on the common law and state
will vary, rights at tikanga may have a relevance
in legal disputes independent of statutory law
incorporation of the Treaty.”48
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