Indigenous Peoples and Family Law: Issues in Aotearoa/New Zealand

Ruru, J, 'Indigenous Peoples and Family Law: Issues in Aotearoa/New Zealand' (2005) 19 International Journal of Law, Policy and the Family, 1–19. DOI:10.1093/lawfam/ebi026.

Posted: 29 Jan 2019

Multiple version iconThere are 3 versions of this paper

Date Written: 2005

Abstract

This paper provides a glimpse into how historical and current legislation has attempted to grapple with the practice of customary family law by the indigenous peoples of Aotearoa/New Zealand. It focuses on examining family law in two contexts: marriage and property ownership; and children and legal parenthood. The analysis provides an interesting insight into the interplay between customary law and statute law. The impact of colonization upon indigenous peoples and the practice of their law, and how governments today choose to recognize and provide for indigenous peoples is a policy issue prevalent in many of the British colonized lands. This paper concludes that a comprehensive review of the nature and extent to which legislation should provide for Maori customary law is required in Aotearoa/New Zealand. The haphazard approach of current years is insufficient.

Keywords: Laws of Indigenous peoples, Family law, Customary law, Colonisation, Maori, New Zealand

JEL Classification: K00, K30

Suggested Citation

Ruru, Jacinta, Indigenous Peoples and Family Law: Issues in Aotearoa/New Zealand (2005). Ruru, J, 'Indigenous Peoples and Family Law: Issues in Aotearoa/New Zealand' (2005) 19 International Journal of Law, Policy and the Family, 1–19. DOI:10.1093/lawfam/ebi026., Available at SSRN: https://ssrn.com/abstract=3317181

Jacinta Ruru (Contact Author)

University of Otago ( email )

P.O. Box 56
Dunedin, Otago 9010
New Zealand

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