Do Tikanga Rights Stand Independently of Legislation?

This project aims to explore whether fundamental rights recognised through tikanga exist irrespective of whether they are reflected in legislation or within a constitution and, Indigenous communities are already exercising these rights.

About the project

Recent discussions around potential constitutional and legislative changes have brought into focus broader questions about how fundamental rights are understood in Aotearoa New Zealand.

By focusing on the marine environment, this scoping project will employ both conceptual and empirical methods to explore the nature and extent of these rights. This work seeks to deepen understanding of how Indigenous communities assert fundamental tikanga rights, regardless of whether such rights are explicitly acknowledged through legislation or other formal frameworks.

Grant amount

$40,000 from November 2024 – September 2025

About the researcher

Dr Valmaine Toki is of Ngati Rehua, Ngapuhi descent and a Professor of Law at the University of Waikato. She is the first New Zealander and first Māori appointed by the President of the UN Human Rights Council to the UN Expert Mechanism on the Rights of Indigenous Peoples where she is the current Chair. Her areas of research, writing and teaching lie primarily within the area of Indigenous rights.