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 19

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