Law ’’not alien” to Maoris

Press, Issue 33846, 19 May 1975, Page 14

Law ’’not alien” to Maoris

Criticism that the New Zealand legal system contained a criminal code alien to Maori and other Polynesian cultures was largely unwarranted, said the Chief Justice (Sir Richard Wild) in Christchurch on Saturday.

New Zealand law was an adaptation of the English system — and the criticism was based on the false premise that the law was therefore incapable of being administered other than through European eyes, he said.

“However, if we look at other former colonial countries, such as India and some African States, we see that they have zealously held on to the English system, even down to the wigs and gowns,” he said. Sir Richard was addressing the Australian and New Zealand law students’ conference in Christchurch.

In New Zealand, most of the offences within the present criminal code would be accepted as offences within the cultures of the Maoris and other Polynesians. Sir Richard said. The criticism that they were being dealt with with an alien code was, therefore, unwarranted. Of course, there were some discrepancies, he said. “For example, there is the justice of the law in a prosecution for sexual relations with a mature girl under 16. Another example is in the law on vagrancy.” In reviewing the law — and there was always a need I for revision — there should Ibe wider consultation with i minority groups. “We need a I wider participation at all I levels of the judicial proI cesses,” he said. ' I “It is lamentable that i whereas there are Maoris in the top positions in the Government there are so few 'Maoris in the higher levels of legal institutions.” PRIVY COUNCIL Sir Richard also commented on the future of New Zealand’s relationship with the Privy Council. There were two opposing views, he said, and the strength of either possibly often depended on the effect of the council’s latest decision.

The first view was that by keeping the Privy Council as the highest New Zealand court, a defendant always had the possibility of “a second shot” at an appeal. The opposing view was that an appeal to the Privy Council was inconsistent with autonomy and the national pride, and that a decision about, a New Zealand case by Scots and Englishmen could have no real relevance. “In the end. it is a political decision as to whether we

sever our ties with the Privy Council,” said Sir Richard. “Personally, I think that an immediate decision is not necessary, and that things should be left to run their own course.” N However, Sir Richard also said that the Privy Council would probably be dispensed with in the "not very far future” if something could be found to take its place.