LAWS 101 Test Study Guide: Introduction to Legal Studies Review
What is the Hierarchy of NZ Courts - ✔✔1. Supreme Court
2. Court of Appeal
3. High Court
4. District Court
When are past judicial decisions 'persuasive' - ✔✔- decision made by coordinate court
- decision made by inferior court
- in foreign policy
What was the 'New Zealand Settlements Act 1863' - ✔✔Act enabled the Crown to confiscate
iwi and hapu if Maori were seen to have 'engaged in open rebellion against her majesty the
crown'
Why was the 'Tohunga Suppression Act' significant to Tikanga - ✔✔Tikanga was banned by
Common Law system through Tohunga Suppression Act
Campbell v Hall (1774) Case - ✔✔- Kings constitutional authority in a british colony
- Done by conquering - but actual act was done by agreement of the citizens to give authority to
the conquering forces
- Plaintive is Campbell - he purchased a sugar plantation and he was required to pay a sugar tax
on any exports. Campbell sued the crown's tax collector for making him have to pay tax on the
sugar. It was agreed that Grenada would continue to have the same rules after the conquest.
,Wi Parata v Bishop of Wellington (1877) - ✔✔- This case ignored precedence
- Called The Treaty of Waitangi a 'simple nullity'
- 'Need not be administered to any case'
- NZ courts can not strike down legislation
- Government said 'you can not protect what does not exist'
- No recognition of Tikanga
Te Weehi v Regional Fisheries Officer (1986) - ✔✔- Collecting shellfish for the purposes of
feeding whanau is allowed
- Te Whiriri was charged for fishing
- Fisheries act states that nothing in this act shall affect any Maori fishing rights
- One argument was that Maori fishing rights does not exist as there is no legislation
- Now it is stated that customary law does exists - further supporting that fact that Tikanga is a
form of law
Takamore v Clarke (2012) - ✔✔- James Takamore died suddenly in 2007, his wife was the
executor
, - His mother gave evidence that he wished to be buried up North
- When one dies, under Tikanga you return to the earth
- This begun a multi year conflict between the whanau and Ms Clarke, and a conflict of common
law and tikanga
- Which position prevails? Tikanga position which states that the body should be buried at home
or the common law that states that the executed news must prevail expect when shown to be
unreasonable or improper
- The common law won however the whanau was unhappy as they stated that they had no
mana over deciding where Takamore would be buried
Ellis v R (2019) - ✔✔- Found guilty in 1993 of 16 counts of child molestation
- Sentenced to 10 years of imprisonment
- Always maintained his innocence
- Spent 26 years trying to overturn his conviction
There were allegations that the children's cases were unreliable
- After Ellis had died and the case had been brought into the supreme court the lawyer brought
up Tikanga - the idea that after death an ancestor has even more reputation to protect
What is the Hierarchy of NZ Courts - ✔✔1. Supreme Court
2. Court of Appeal
3. High Court
4. District Court
When are past judicial decisions 'persuasive' - ✔✔- decision made by coordinate court
- decision made by inferior court
- in foreign policy
What was the 'New Zealand Settlements Act 1863' - ✔✔Act enabled the Crown to confiscate
iwi and hapu if Maori were seen to have 'engaged in open rebellion against her majesty the
crown'
Why was the 'Tohunga Suppression Act' significant to Tikanga - ✔✔Tikanga was banned by
Common Law system through Tohunga Suppression Act
Campbell v Hall (1774) Case - ✔✔- Kings constitutional authority in a british colony
- Done by conquering - but actual act was done by agreement of the citizens to give authority to
the conquering forces
- Plaintive is Campbell - he purchased a sugar plantation and he was required to pay a sugar tax
on any exports. Campbell sued the crown's tax collector for making him have to pay tax on the
sugar. It was agreed that Grenada would continue to have the same rules after the conquest.
,Wi Parata v Bishop of Wellington (1877) - ✔✔- This case ignored precedence
- Called The Treaty of Waitangi a 'simple nullity'
- 'Need not be administered to any case'
- NZ courts can not strike down legislation
- Government said 'you can not protect what does not exist'
- No recognition of Tikanga
Te Weehi v Regional Fisheries Officer (1986) - ✔✔- Collecting shellfish for the purposes of
feeding whanau is allowed
- Te Whiriri was charged for fishing
- Fisheries act states that nothing in this act shall affect any Maori fishing rights
- One argument was that Maori fishing rights does not exist as there is no legislation
- Now it is stated that customary law does exists - further supporting that fact that Tikanga is a
form of law
Takamore v Clarke (2012) - ✔✔- James Takamore died suddenly in 2007, his wife was the
executor
, - His mother gave evidence that he wished to be buried up North
- When one dies, under Tikanga you return to the earth
- This begun a multi year conflict between the whanau and Ms Clarke, and a conflict of common
law and tikanga
- Which position prevails? Tikanga position which states that the body should be buried at home
or the common law that states that the executed news must prevail expect when shown to be
unreasonable or improper
- The common law won however the whanau was unhappy as they stated that they had no
mana over deciding where Takamore would be buried
Ellis v R (2019) - ✔✔- Found guilty in 1993 of 16 counts of child molestation
- Sentenced to 10 years of imprisonment
- Always maintained his innocence
- Spent 26 years trying to overturn his conviction
There were allegations that the children's cases were unreliable
- After Ellis had died and the case had been brought into the supreme court the lawyer brought
up Tikanga - the idea that after death an ancestor has even more reputation to protect
