Hon Christopher Finlayson

DAVID GARRETT (ACT) to the Attorney-General: Does he agree that “tikanga” as it is described—[Interruption]

Mr SPEAKER: I apologise to the member. The House will come back to order. That was totally unnecessary. I remind members that when a member has made a personal explanation, that is it as far as this House is concerned.

DAVID GARRETT: Thank you, Mr Speaker. Does he agree that “tikanga” as it is described in the Marine and Coastal Area (Takutai Moana) Bill will differ in meaning from iwi to iwi and hapū to hapū?

Hon CHRISTOPHER FINLAYSON (Attorney-General) : I think it is probably more accurate to say it “could” differ—not always but often.

David Garrett: How does the Government define “tikanga”, and where that definition differs from that used by those applying for customary title, just who will determine what “tikanga” means?

Hon CHRISTOPHER FINLAYSON: “Tikanga” is defined in clause 7 of the bill to mean “Māori customary values and practices”. As to how it will be proved and tested, that will be for the judge who deals with the matter in the High Court.

David Garrett: Who will determine whether iwi have acted in accordance with tikanga since 1840, as required by the bill?

Hon CHRISTOPHER FINLAYSON: If the matter goes to court, a judge will determine that. There are some procedures set out in the bill. If there is a particular matter that the judge feels he or she needs particular assistance on, either it can be referred to the Māori Land Court for a determination, as happens now from time to time, or the assistance of a pūkenga can be engaged.