Aotearoa’s justice landscape is shaped by two powerful currents: an English common law tradition and tikanga Māori, the values, practices and protocols of tangata whenua. Modern reforms such as Te Ao Mārama seek to braid these rivers into a more responsive, restorative system.
This short film, NZ’s Justice System: Two Rivers of Law, introduces the evolving relationship between tikanga Māori and the state system, focusing on Te Ao Mārama, Rangatahi Courts and restorative, whānau-centred approaches. It provides a concise orientation for mediators and justice practitioners.
New Zealand’s dispute-resolution system combines an Anglo-New Zealand common law heritage with a deliberate, ongoing project to recognise and embed Māori legal principles in mainstream institutions.
From the 1980s onwards, debates around Te Tiriti o Waitangi and indigenous rights created fertile ground for restorative and culturally grounded reforms. Today, the legal landscape includes specialist courts, legislated youth justice conferencing and a District Court framework—Te Ao Mārama—that seeks to ensure participants are “seen, heard, understood and able to meaningfully participate.”
These developments are not a simple revival of pre-colonial practice. Rather, they are contemporary innovations that draw on tikanga Māori and community experience to reshape state processes in a bicultural direction.
Contemporary practice is grounded in a bicultural context: Māori as tangata whenua and a Westminster-style state. Key historical drivers include Treaty debates and the youth justice reforms of the 1980s.
The report highlights four core principles shaping reform:
These themes underpin innovations such as Rangatahi Courts held on marae, Pasifika Courts, and whānau-inclusive approaches in the Family Court.
The infographic depicts “River 1” as tikanga-based conflict resolution, emphasising collective harmony within whānau and hapū rather than individual vindication.
Traditional practices include muru (restorative justice through compensation), whakawā (formal dialogue, investigation and shared meals) and an overarching commitment to restoring balance rather than simply punishing the wrongdoer. Authority rests with elders and kinship-based leaders whose mana derives from standing and whakapapa.
Outcomes focus on reconciled relationships: forfeiture, apology and collective support to prevent re-offending. These concepts continue to inform modern hybrid forums such as Rangatahi Courts and marae-based conferences.
The “River 2” side of the infographic shows Western mediation and the state courts: structured, confidential, rights-based and focused on binding settlement. This river is evolving under the influence of Te Ao Mārama.
Key features of the contemporary framework include:
The infographic depicts a spectrum of legal pluralism: from combative repression of tikanga to coexistence, incorporation and true partnership. The report emphasises that Aotearoa is moving along this spectrum towards more systemic integration.
Te Kōti Rangatahi and Pasifika Courts are Youth Courts held on marae or in culturally resonant settings, operating in accordance with tikanga and Pasifika protocols. Elders sit alongside judges, offering guidance and mentoring rather than acting as neutral facilitators.
Whānau involvement in Family Court conciliation and mediation is encouraged as a means of developing durable, culturally resonant solutions, especially for tamariki.
While the documents emphasise positive integration, they also imply areas of potential friction—for example, where tikanga-based collective responses interact with individual rights protected in statute and case law, or where restorative aims must be balanced against safety in high-conflict family disputes.
The direction of travel, however, is clear: courts and policymakers are seeking co-active models where non-state processes and state law influence each other, rather than one simply dominating the other.
The central panel of the infographic compares tikanga Māori with Western mediation across core values, process design, authority structure, communication style and outcomes, echoing the report’s comparison between New Zealand and other Western models.
| Feature | Tikanga Māori | Western mediation / state model |
|---|---|---|
| Core values | Restoring balance (utu), collective harmony in whānau and hapū, responsibilities to others and to whakapapa. | Individual rights, self-determination, efficiency and finality of legal settlement. |
| Process design | Formal dialogue and community gatherings (e.g. marae hui), shared meals, ritual greetings and narrative exploration. | Structured meetings, private caucuses, written offers and time-limited sessions. |
| Authority structure | Elders, community leaders and kinship-based authority, often gendered and lineage-specific. | Independent, trained mediator or judge with decision-making or process management authority derived from the state. |
| Communication style | Formal speech, metaphor, karakia, storytelling and collective discussion that can be indirect or highly stylised. | Direct, issue-focused, future-oriented dialogue centring on interests and legal arguments. |
| Outcomes | Forfeiture, apologies, collective commitments and restoration of harmony witnessed by community. | Legally binding agreement or court order settling defined legal claims and providing enforceable rights. |
The report concludes with implications for mediators: generic Western mediation skills are not enough. Effective practice requires specific cultural and systemic competencies.
The full country report describes a system in deliberate evolution: a common law river and a tikanga river increasingly braided together through Te Ao Mārama and related reforms.
Future developments are likely to deepen this integration, expanding culturally responsive, solution-focused approaches in mainstream courts and community-based forums. The emphasis is shifting from processing cases to healing harm, strengthening whānau and addressing structural drivers of conflict.
For practitioners from outside Aotearoa, the challenge is to engage with this bicultural project respectfully—listening, learning and adapting practice so that both rivers of justice are honoured.
