Search results for Themes: Traditional legal concepts of Maori
Title
Author
DirectorGenreYearUseful-ness
Themes
Summary
References
Publisher
Original Year
"1840 The Treaty" in VoicesStead, C.K. Poetry19902Treaty criticism/ issues | Land issues | Alienation from the legal system- Maori | Law and religion | Tradition of British/ Pakeha legal system/ institution | Legal history | Maori justice vs Pakeha justice | Traditional legal concepts of Maori | History of the Treaty from different perspectives eg. "The Settler".

Maori contempt of the Treaty. Pakeha ignorance of Maori customs. Crown pre-emption Article 2- Pakeha religion dominating Maori custom.
pp 12-15G.P. Books, Wellington 
AmokuraMitchell, June Novel19783Alienation from the legal system- Maori | Treatment of Maori and Pakeha under the law | Law as entertainment/ drama/ drama | Land issues | Traditional legal concepts of Maori | Legal history | Perceptions of judges | Importance of advocacy | Land Claims 1860s-1870s - Otaki region.

Maori vs Pakeha concepts of land sale and ownership. Manipulation of legal proceedings. Maori customary law. Chaotic, unfair, and inadequate approach of the Native Land Court.
pp 75, 77-79, 82-85, 89-101Longman Paul, Auckland 
Among the CindersShadbolt, Maurice Novel19652Perceptions of lawyers | Legal history | Role of the media | Common man facing the law | Man alone on the run from the law | Tradition of British/ Pakeha legal system/ institution | Traditional legal concepts of Maori | About a man's grandfather who is a bush lawyer.

Use of English legal history eg. Magna Carta.
pp 3, 69-70, 110-112, 115, 293Whitcombe & Tombs, Auckland 
Among the CindersHaedrich, Rolf, O'Shea, John (from the book by Shadbolt, Maurice)Haedrich, RolfFeature Film19874Legal history | Ignorance of the law | Perceptions of lawyers | Traditional legal concepts of Maori | Tradition of British/ Pakeha legal system/ institution | Conducting own defence | Common man facing the law | Man alone on the run from the law | Friendship between Pakeha boy, Nick, and Maori boy, Sam. They go hunting together, Nick breaks tapu and Sam has an accident and dies soon after. Nick goes to live with grandparents. Grandfather is a bush lawyer, always fighting a court case. Grandmother dies and Nick and grandfather go bush, eventually discovered by police and return to 'civilisation'. 13, 37, 100 minsPacific Films 
"April 1870, At Onoke" in Atua WeraSmithyman, Kendrick Poetry19974Law and religion | Judge as God | Traditional legal concepts of Maori | Legal history | Papahurihia movement.

"Chief Justice is a prophet" cf Judge as God.
p 193Auckland University Press, Auckland 
Bone People, TheHulme, Keri Novel19834Perceptions of lawyers | Clients | Traditional legal concepts of Maori | Stereotypical tasks of a lawyer | Importance of lawyers in times of grief | Mystical novel about a father, his adopted son and their female friend. Near the end of the novel the father (Joe) meets a old tohunga who gives him land which contains a magical force. The lawyer facilitates the transfer of land and helps Joe back to health.

Lawyer as minor character facilitating main character's actions in a novel. Lawyer's obligation to carry out the wishes of his client. Importance of client confidentiality.
pp 360, 376-377, 378Hodder & Stoughton, Auckland 
Dream Swimmer, TheIhimaera, Witi Novel19972Inaccessibility of the law- costs | Maori justice vs Pakeha justice | Law and religion | Perceptions of judges | Arrest procedure | Legal history | Law school | Racism of the law | Importance of jury | Traditional legal concepts of Maori | Access to justice | The trial of Rua Kenena - Luke Donnolly case (effectively non-fiction) - Young Maori at Law school, has an argument with the lecturer about the way the legal system exploits Maoripp 144-403Penguin Books, Auckland 
Feathers of PeaceBarclay, BarryBarclay, BarryDoco drama20001Isolated rural area in NZ beyond the power of the law | Law as a tool of oppression | Traditional legal concepts of Maori | Injustice | Racism of the law | Legal history | Adversarial nature of the legal system | Routine of court procedure | Absence of law | Doco drama with a mixture of historical fact and dramatic reconstructions. Follows the invasion of the Chatham Islands by the Maori, subjugation and massacre of the Moriori people and the subsequent unsuccessful struggle of the Moriori to have their land rights recognised by the Native Land Court. Features scenes of a Native Land Court hearing. Uses the dramatic technique of interviewing key historical figures in a mordern context.

Specific issues include Moriori customary law, law based on discussion (Moriori) versus law based on might (Maori), oppression of Moriori by Maori and Pakeha, native title, the inability of the law to prevent slavery, inflexibility of the Native Land Court.
32, 33, 50, 58, 64, 66, 73, 75, 77, 78, 83, 89 minsHe Taonga Films 
From the SouthRitchie, K.W. Novel19724Alienation from the legal system- Maori | Legal history | Traditional legal concepts of Maori | Early NZ Colonial history.

Tapu as law.
pp 48,116-119Times Printing Service, Invercargill 
KittyChallinor, Deborah Novel20063Law as a tool of oppression | Treatment of Maori and Pakeha under the law | Traditional legal concepts of Maori | Treaty criticism/ issues | Alienation from the legal system- Maori | Importance of advocacy | Perceptions of lawyers | Plight of the underdog in the legal system | Legal history | Tradition of British/ Pakeha legal system/ institution | Legal history, set during the mid 19th century, includes description of the signing of the Treaty. Maori chief swears utu against Wai for bringing whakama on the tribe by becoming pregnant. Detailed court scene in Sydney. The trial is about a charge against Kitty's love interest for failing to pay customs.

Comparisons between New Zealand and New South Wales. "It wasn't often the underdog triumphed over the might of the English judicial system, and when it happened it was always a cause for celebration".
pp 133-134, 142-144, 161-162, 247-263, 268-274Harper Collins Publishers, Auckland 
"Land Wars II- Motoua" in HuiGlover, Marewa Poetry20013Law as a tool of oppression | Role of police in the criminal justice system in criminal justice system | Tradition of British/ Pakeha legal system/ institution | Traditional legal concepts of Maori | Racism of the law | Land issues | Treaty criticism/ issues | Alienation from the legal system- working class | Motoua Gardens protest - Facts of this event

Police as the instrument of control used by the Pakeha establishment. Lack of recognition of Maori custom and court procedure.
p 41Marewa Glover, Auckland 
Makuku on Mrs Jones, TheParr, Larry based on story by Ihimaera, WitiParr, LarryFeature Film19845Treatment of Maori and Pakeha under the law | Traditional legal concepts of Maori | Mr Hohepa, a tohunga, and Mrs Jones, storekeeper, have a dispute. Hohepa places a curse on Mrs Jones and eventually marries her. Set in a small rural NZ town.

Reminiscent of Maori authority in rural NZ.
8, 16 minsMirage Films 
"Maori Activist, The" in Never AloneMorrall, Barry Poetry19862Maori justice vs Pakeha justice | Land issues | Law as a vehicle to effect change | Traditional legal concepts of Maori | Pakeha response to a Maori activist.

Apparent equality between Pakeha and Maori in NZ- positive influence of Pakeha on legal justice vs rough Maori justice from early 19th century.
p 7B. Morrall, Wellington 
MauriMira, MerataMira, MerataFeature Film19884Traditional legal concepts of Maori | Ethnocentrism | Politics and law | Maori justice vs Pakeha justice | Alienation from the legal system- Maori | Land issues | Elitism of the law | Set in a small Maori village. About the dislocation of many Maori from their heritage. At 100 mins there is a scene where a Crown Minister meets with the Maori leaders to discuss the use of Maori land for a public institution. One of the main characters gets in trouble with the law.

Power to take land under the Public Works Act. Token nature of government consultation with Maori.
100, 132 minsAwatea Films 
Mauri TuKouka, Hone Play19922Youth and law | Maori justice vs Pakeha justice | Racism of the law | Tradition of British/ Pakeha legal system/ institution | Traditional legal concepts of Maori |Maori boy comes into contact with the courts, juxtaposition of Pakeha and traditional Maori concepts/systems of justice.

Maori seeing Marae trial as easy way out. Restorative justice.
pp 4-33Aoraki Press, Wellington 
"Mere Topai washing clothes" in Piriki's PrincessTracy, Mona Short Story19254Traditional legal concepts of Maori | Historical fiction about Maori.

Tohunga as legal experts.
pp 50-51Whitcombe & Tombs, Auckland 
"Minutes" in Atua WeraSmithyman, Kendrick Poetry19975Traditional legal concepts of Maori | Legal history | Papahurihia movement.p 181Auckland University Press, Auckland 
New Zealand JackWilson, Phillip Novel19733Perceptions of lawyers | Legal history | Traditional legal concepts of Maori | Stereotypical tasks of a lawyer | Maori justice vs Pakeha justice | Perceptions of judges | Legal history - About Maori and Pakeha in the 19th century - story being told by a lawyer in the present time.

Maori concept of "utu".
pp 7, 48-49, 52Robert Hale & Company, London 
"Ngati" in Atua WeraSmithyman, Kendrick Poetry19974Legal history | Maori justice vs Pakeha justice | Magistrate/ judge as the face of law | Traditional legal concepts of Maori | Papahurihia movement.

Importance of Colonial legal officials in the community- Importance/ status of Maori leaders in colonial communities.
p 204Auckland University Press, Auckland 
Not So The LandOwen, D.M. Novel19652Land issues | Maori justice vs Pakeha justice | Treaty criticism/ issues | Legal history | Traditional legal concepts of Maori | Tino Rangatiratanga | Ignorance of the law | An English lady comes to NZ to marry a colonist - Te Rauparaha - 1840s - Wairau - Meeting between Fitzroy and Te Rauparaha 1844.

Dubious nature of early land purchases. Maori concepts of justice involving utu and mana. Humanitarian appraoch to Maori. Marae-based justice.
pp 99, 146-147, 176-177, 182-183Robert Hale, London 
Once Were Warriorsbased on the novel by Duff, Alan screenplay by Brown, RiwiaTamahori, LeeFeature Film19941Absence of law | Alienation from the legal system- Maori | Violence against women | Women in law firms/ legal profession | Traditional legal concepts of Maori | Use of trial as dramatic construct | Tradition of British/ Pakeha legal system/ institution | Treatment of Maori and Pakeha under the law | Vigilantism as justice | Effect of legal proceedings on close friends and family | Criminal stigma | Routine of court procedure | Maori justice vs Pakeha justice | Appearance of courtroom | Law as ineffective | Youth and law | Perceptions of judges | Magistrate/ judge as the face of law | Set in South Auckland, portrays a dysfunctional Maori family with a violent father. Court room scene (30 mins) involves one of the sons before the Youth Court on charges of burglary. He is sent to social welfare care and changes his ways after discovering his Maori heritage cf Jake who is detached from his Maori heritage and continues to replicate the cycle of violence. The movie portrays a lawless South Auckland where the police are unable to enforce the law.

Inability of justice system to prevent domestic violence. At 30 mins police car is overtaken dangerously by a gang car but is powerless to do anything.
3, 9, 11, 12, 15, 20, 29, 30, 32, 33, 34, 39, 61 minsCommunicado  
ParihakaHinchcliff, John Novel20041Appearance of courtroom | Law as a tool of oppression | Injustice | Treaty criticism/ issues | Treatment of Maori and Pakeha under the law | Perceptions of lawyers | Elitism of the law | Politics and law | Separation of powers | Tradition of British/ Pakeha legal system/ institution | Importance of jury | Perceptions of judges | Use of trial as dramatic construct | Alienation from the legal system- Maori | Corruption in the legal system | Racism of the law | Traditional legal concepts of Maori | Maori justice vs Pakeha justice | Distrust of the legal system | Absence of law | Legal history | Land issues | Detailed comprehensive story leading up to and at Parihaka. There is a scene in Parliament where politicians are debating the Maori Prisoners' Act (based on Hansard). Trial of the Maori fencers.

Lack of respect from Pakeha for Maori Customary law. Representatives of the law as educated and pompous. Oppressive legislation eg. Maori Prisoners' Trials Act. Link between NZ and English constitutions eg. Magna Carta. Breach of Habeas Corpus "the Hon William Stewart calmly reminded the House of the Habeas Corpus Act, an imperial statute which he said he assumed to be in force in the colony". "In the Magna Carta it is laid down most distinctly that justice should not be sold or delayed".
pp 24-5, 74, 96-7, 122-3, 148-9, 154-59, 198-200, 202-217, 219-20, 222-23, 273-75, 312, 323-329, 331-34, 346-7.Steele Roberts, Wellington 
"Parihaka Grieving" in Just PoetryCampbell, Alistair Te Ariki Poetry20073Absence of law | Law as a tool of oppression | Treatment of Maori and Pakeha under the law | Injustice | Alienation from the legal system- Maori | Traditional legal concepts of Maori | Land issues | Legal history | Importance of due process | Racism of the law |Poem about Parihaka.pp 29-32Headworx Publishers, Wellington 
"Patu Wairua" in Tama and other short storiesStewart, Bruce Short Story19893Maori justice vs Pakeha justice | Land issues | Traditional legal concepts of Maori | Role of police in the criminal justice system in criminal justice system | Individual rights vs public safety | Racism of the law | Maori arguing with Pakeha - Protest.

Difficulty of Maori working for Pakeha government, and the problem of taking sides/ selling out.
pp 149-150Penguin Books, Auckland 
Rewi's Last StandHayward, Rudall based on "History of the NZ Wars" by Cowan, JamesHayward, RudallFeature Film19404Traditional legal concepts of Maori | Politics and law | Land issues | Tradition of British/ Pakeha legal system/ institution | Legal history | Set during the Waikato War. Focuses on the Battle of Orakau, Rewi Maniapoto's last stand. This is a later version of the earlier silent movie of the same name.

Limitations of the rule of law in 19th Century NZ. Arbitrary powers of the Executive (governor).
9, 18, 20 minsFrontier Films 
River QueenWard, VincentWard, VincentFeature Film20055Legal history | Absence of law | Isolated rural area in NZ beyond the power of the law | Tradition of British/ Pakeha legal system/ institution | Maori justice vs Pakeha justice | Traditional legal concepts of Maori | Difference between civilian law and martial law | Set during the NZ Wars. A pakeha woman gives birth to a child whose father is the son of a Maori chief. The child's grandfather kidnaps the child and the pakeha woman sets out to find him. She is caught between two worlds. 15, 88, 89 minsSilverscreen Films and The Film Consortium in association with Endgame Entertainment  
Season of the JewShadbolt, Maurice Novel19881Legal history | Speed of justice | Law and religion | Perceptions of judges | Importance of advocacy | Witnesses | Manipulation of court system and jury | Vigilantism as justice | Perceptions of lawyers | Importance of lawyers in times of grief | Distrust of the legal system | Hypocrisy of law | Frustration with the legal system | Law as a tool of oppression | Inflexibility of the legal system | Law as route to power | Sentencing issues | Adversarial nature of the legal system | Use of trial as dramatic construct | Importance of jury | Traditional legal concepts of Maori | Politics and law | Isolated rural area in NZ beyond the power of the law | Treatment of Maori and Pakeha under the law | Appearance of courtroom | Difference between civilian law and martial law | Unforgiving nature of martial law | Injustice | Sacrifice of human element for fact and procedure | Ignorance of the law | Importance of evidence in criminal conviction | Maori justice vs Pakeha justice | Alienation from the legal system- Maori | Racism of the law | Routine of court procedure | About Te Kooti and his campaign on the East Coast during the 1860s - Ends with the trial of Hamiora Pere on the charge of treason (Chapter 33).

Readiness to lie in court. Appearances important (decide the day). Manipulation of evidence and argument. Legal strategy. Prendergast as a 'devious monster'.
pp 42, 83, 94, 106-107, 111, 141, 303, 389, 432-435, 438, 442, 444-445, 447-467 not exhaustiveHodder & Stoughton, London 
"Songs to the Judges" in Selected PlaysThompson, Mervyn Play19841Legal history | Treaty criticism/ issues | Land issues | Maori justice vs Pakeha justice | Alienation from the legal system- Maori | Tradition of British/ Pakeha legal system/ institution | Tino Rangatiratanga | Racism of the law | Traditional legal concepts of Maori | Perceptions of lawyers | Legal jargon | Perceptions of judges | Magistrate/ judge as the face of law | Judge as God | Powerful judges | Distrust of the legal system | Injustice | Hypocrisy of law | Law as a tool of oppression | Corruption in the legal system | Sacrifice of human element for fact and procedure | Use of trial as dramatic construct | Law as a game | Collection of songs about Maori and the law directed at the New Zealand Judiciary. Satirical.

1) Ahi Kaa - Lack of recognition of traditional Maori concepts of land ownership 2) The Law Song- oppressive nature of subsequent land statutes, insensitive racist judiciary. 6) We got it all together just for you - injustice of invasion of Parihaka, use of arbitrary law, injustice of arresting Rua Kenana. 9) The Raglan golf course dispute - the court's lack of respect for Maori customs, rigidness of the Pakeha legal system, court in favour of the Pakeha elite. 10) Once in a generation - Pakeha legal system backed up by force eg Parihaka and Bastion Point "Once in a generation the gavel turns into a gun" 12) Three times more likely - Maori discriminated against by the criminal justice system. 14) Scales of Justice - Lack of empathy towards Maori from Pakeha judge 15) I spit on your court - conflict between Maori and Pakeha legal system, lack of respect for Maori by New Zealand legal system. 16) The Judge's Reply - Law as a protector of "civilisation"
pp 154-185Pilgrims South Press, Dunedin 
Te Kooti Trail, TheHayward, Rudall based on "History of the NZ Wars" by Cowan, JamesHayward, RudallFeature Film19275Traditional legal concepts of Maori | Tradition of British/ Pakeha legal system/ institution | Corruption in the legal system | Tino Rangatiratanga | Portrays the campaign to catch Te Kooti during the late 1860s. Gilbert Mair, head of the colonial forces single-handedly fights and defeats Te Kooti's men.

Head of the colonial forces: "Vengeance is an ugly thing for a white man to speak of but I swear that I shall never rest until I bring that bloody monster, Baker McLean [Maori] to justice!"
51 minsWhakatane Films 
Te RuaBarclay, BarryBarclay, BarryFeature Film19913Perceptions of lawyers | Traditional legal concepts of Maori | Treaty criticism/ issues | About Maori trying to get precious taonga back from a German museum. Leading patent lawyer, Rewi Marangai is involved with an anti-hacking patent in Berlin. Eventually the carvings are returned. Rewi is jailed. One of only two examples of Maori lawyers in NZ feature films. Both Maori lawyers are guilty of illegal acts.

Specific issues include intellectual property and Maori, civil disobedience, portrayal of Maori lawyers.
8, 25, 28, 45, 46, 50, 60 minsPacific Films 
"utterances: Sir George Grey and Te Kooti 1878" in Our Bay of Ensigns and Other 'Race' RelationsGadd, Bernard Poetry20013Tradition of British/ Pakeha legal system/ institution | Maori justice vs Pakeha justice | Legal history | Traditional legal concepts of Maori | Racism of the law | Plight of the underdog in the legal system | Imaginary conversation between George Grey (paternalistic approach) and Te Kooti - Dialogue about supplementing Maori tradition and beliefs with the Pakeha equivalent (i.e. religion, politics, law)pp 36-37HeadworX, Wellington 
UtuMurphy, Geoff, Aberdein, KeithMurphy, GeoffFeature Film19831Traditional legal concepts of Maori | Maori justice vs Pakeha justice | Legal jargon | Vigilantism as justice | Difference between civilian law and martial law | Unforgiving nature of martial law | Legal history | Land issues | Tradition of British/ Pakeha legal system/ institution | Use of violence by legal system | Isolated rural area in NZ beyond the power of the law | A kupapa Maori deserts the colonial forces after they destroy his village and vows utu. He kills a farmer's wife, three British soldiers and some civilians. He is hunted through the bush by Lieutenant Scott and then eventually caught and summarily tried in a military trial conducted by Scott. Sentenced to be executed by firing squad. Different parties fighting over who gets to kill him. Eventually his brother carries out his execution according to Maori custom. Trial scene at the end of the movie.

[Te Wheke, Maori leader: "I took up arms against the Pakeha because I could no longer believe in pakeha justice. Shoot me but do not talk of justice or mercy"] Use of common legal terms eg. "without prejudice".
108, 118 minsUtu Productions  
Waitmate Conspiracy, TheLewis, Stefen Lewis, StefenFeature Film20061Injustice | Alienation from the legal system- Maori | Importance of advocacy | Corruption in the legal system | Perceptions of judges | Importance of evidence in criminal conviction | Perceptions of lawyers | Land issues | Treaty criticism/ issues | Distrust of the legal system | Law students | Court procedure | Maori justice vs Pakeha justice | Traditional legal concepts of Maori | Ethnocentrism | Women in law firms/ legal profession | Legal history | Treatment of Maori and Pakeha under the law | Adversarial nature of the legal system | Use of trial as dramatic construct | Ethics | Features the Kepa family's ongoing legal battle to regain their tribal land which was unlawfully stolen in 1866. Zena, a law graduate takes on the task to represent the Kepa family. They claim that the land was seized in an act of aggression. Important court scenes showing the legal battle against the McKendrie family who occupies the land. In the first court scene Zena tries to argue using hearsay evidence which ultimately fails. When appealing they argue on historical documented evidence which they had manufactured and forged. The Kepa family win the legal battle. The title of ownership is transferred immediately. One of only two representations of Maori lawyers in NZ feature film. Numerous discussions about the admissibility of evidence. Focuses on legal ethics.

Young Maori lawyer fighting for her people. Stereotypical stern older white male judge. Controversial nature of Maori land claims cf "Crooked Earth". Rookie lawyer triumphs over experienced lawyer cf Grisham, misrepresentation of land claim settlement process. Reference to specific act Treaty of Waitangi Act 1975. Difficulty in cross examining history in a court cf Waitangi Tribunal. Rejection of Maori oral history as evidence. Planting of evidence to win case cf "Beyond Reasonable Doubt".
3, 5, 12, 24, 25, 27, 31, 37, 39, 40, 48, 54, 60, 78, 79, 83, 85 mins Dark Horse and Hazard Press 
Whale Rider, TheCaro, NikiCaro, NikiFeature Film20024Traditional legal concepts of Maori |Pai, a young Maori girl, loves her grandfather but continuously challenges him and tries to show him that she is ready to become the next tribal leader. She rides a whale to prove her worth. Frequent references to Maori customary concepts eg. utu, tapu.37, 52 minsSouth Pacific Pictures, Apollomedia, Pandora Film  
Whanau IIIhimaera, Witi Novel20042Elitism of the law | Law as route to power | Legal history | Maori justice vs Pakeha justice | Sentencing issues | Alienation from the legal system- Maori | Traditional legal concepts of Maori | Racism of the law |About someone researching the trial of Hamiora Pere. Two young Maori discovering themselves and their whakapapa and the way in which their race was oppressed by Pakeha law.pp 43, 94-5, 102-105, 112-3, 159-161, 221Reed Publishing, Auckland 
What Becomes of the Broken HeartedDuff, Alan Novel19961Witnesses | Alternative code of rules | Traditional legal concepts of Maori | Perceptions of lawyers | Absence of law | Alienation from the legal system- Maori | Inaccessibility of the law- costs | Law and popular culture | Trial scene - Jake the Muss's son is giving evidence in a murder trial

Absence of law pervades novel. Perception of court gained from TV cf the reality of it. Dignity gained from learning and social status. Witness statement. Witness intimidation. Witness protection.
pp 211-216Random House, Auckland