Tikanga in the Common Law
- Role of courts in interpreting and applying Tikanga
- How is Tikanga being applied in the common law?
- Review of recent case law (such as Ellis, Smith, Whakatōhea MACA, Wakatū)
- Where might the courts go? The relevance of Tikanga in the common law
Presented by Karen Feint KC, Thorndon Chambers
Learning Objectives:
- Understand how New Zealand courts are interpreting and applying tikanga within the common law framework
- Examine recent case law developments and their implications for the role of tikanga in legal reasoning
Description
Attend and earn 1 CPD hour
* This interactive online recording includes questions and quizzes requiring critical thinking about the topics, so you have no annual limits to the number of points/hours you can claim with this format of learning. Please verify with your CPD rules
Chair
Roimata Smail, Barrister, Roimata Smail Ltd
Presenters
Karen Feint KC, Thorndon Chambers
Karen is a highly experienced advocate who takes a principled but pragmatic approach to securing the right outcome for her clients. She has a wide-ranging civil litigation and public law practice, with particular expertise at the interface of Crown and Māori relations - constitutional law, judicial review, equity, indigenous rights, and Treaty of Waitangi law. Karen has appeared as counsel before all levels of the New Zealand courts and in specialist jurisdictions such as the Waitangi Tribunal. Karen was appointed a Queen’s Counsel in 2019. She has been a barrister at Thorndon Chambers for over ten years, having previously worked at two national law firms. She has a BA/ LLB (First Class Honours) from the University of Otago, and a LLM from the University of Toronto, Canada.
Roimata Smail, Barrister, Roimata Sail Ltd
Roimata Smail (Ngāti Maniapoto, Tainui, Ngāti Kotimana, Ngāti Ingarangi) has worked for two decades as a human rights and public law barrister specialising in discrimination against Māori. She has represented iwi, hapū, whānau, urban Māori organisations and Māori owned and governed health and social service providers in the Courts and Waitangi Tribunal. She has also advised on settlement negotiations with the Crown involving the return of ancestral land and acting in litigation and negotiations with the Crown under the Foreshore and Seabed Act 2004 and the Marine and Coastal Area (Takutai Moana) Act 2011. Roimata is also a Treaty educator who has developed experiential workshops on Te Tiriti and the Wai Ako educational website for schools. This year she published a best selling book "Understanding Te Tiriti A Handbook of Basic Facts about Te Tiriti o Waitangi".
