ABSTRACT
The British sought to establish their own form of legal system upon the colonisation of territories including New Zealand, Australia and Canada. New Zealand's present constitutional framework derives from the British Westminster system of government, which advocates parliamentary sovereignty and the rule of law. With the signing of the Treaty of Waitangi in 1840, the Crown claimed, contentiously, that Māori ceded sovereignty and the New Zealand Parliament was subsequently established. Legislation and policy require decision-makers to take into account, when appropriate, the principles of the Treaty. Collective responsibility for individual transgressions, in accordance with tikanga Māori, had no place in British law. The ability to incorporate concepts of tikanga Māori, including the notion of consensus together with strong leadership and the involvement of the Resident Magistrates system with Māori Assessors, all cotributed to the success of this Ordinance.
