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TIKANGA-A-IWI Describe Mori approaches to social control and legal systems

level: credit: planned review date: sub-field: purpose:

3 6 December 2007 General Education Mori People credited with this unit standard are able to: describe the concepts which were fundamental to traditional Maori systems of social control; describe changes to Mori society and consequent changes to Mori forms of social control following colonisation; describe contemporary approaches to incorporating tikanga Mori into the New Zealand legal system. Open. Evaluation of documentation by NZQA. A centrally established and directed national moderation system has been set up by NZQA. 1 Resource support includes: Barlow, C, Tikanga Whakaaro: Key Concepts in Mori Culture, (Auckland, NZ: Oxford University Press, 1991). Best, E, The Mori as He Was, (Wellington, NZ: Government Printer, 1974). Jackson, M, The Mori and the Criminal Justice System, (Christchurch, NZ: Centre for Pacific Studies, University of Canterbury, 1988). Kawharu, I H (ed), Waitangi: Mori and Pkeh Perspectives of the Treaty of Waitangi, (Auckland, NZ: Oxford University Press, 1989). Moon, P, Mori Social and Economic History to the End of the Nineteenth Century, (Auckland, NZ: Birdwood Publishing, 1993).

entry information: accreditation option: moderation option: special notes:

© New Zealand Qualifications Authority 2010

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TIKANGA-A-IWI Describe Mori approaches to social control and legal systems

2

Key Mori concepts in this unit standard include: Kawa and tikanga Kawa and tikanga refers to the appropriate practice or protocol to be used in particular situations. These practices or protocols reflect the concepts or mores upon which they are based. Failure to perform kawa or tikanga at the appropriate time impacts on the mana of all involved. Tikanga provided guidelines for appropriate behaviour in Mori society and prescribed consequences for any breaches. Mana The particular aspects of mana referred to here are respect and status of individuals. Respect for others and, therefore, their mana is very important. Relative positions and roles of different individuals and groups was measured in terms of the mana ascribed to the individual or group. Tapu and Noa Tapu and noa can refer to conditions or states associated with people, places or objects. Tapu, literally sacred or set apart, is a state under the influence of ng atua. Noa is the state when the tapu has been lifted or there is no tapu. In terms of its effects on social behaviour, tapu and noa provided boundaries and norms within society which were often also tied to consequences as a result of breach of reasonable behaviour or norms. As these conditions were influenced by ng atua, the consequences were also often the work of ng atua.

© New Zealand Qualifications Authority 2010

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TIKANGA-A-IWI Describe Mori approaches to social control and legal systems

Elements and Performance Criteria

element 1 Describe the concepts which were fundamental to Maori systems of social control prior to contact with Pkeh. performance criteria 1.1 1.2 The description details the relationship between tikanga and law. The description details concepts which were forms of social control. Range: concepts may include but are not limited to ­ tapu and noa; rangatira; whakapapa; tuakana and teina; ttua; mkai; roles of tne and whine; mana; wairua; pakiwaitara; muru. Evidence of three concepts are required.

1.3

The description details effects of the concepts on behaviour of hap members. Range: concepts can include but are not limited to ­ whakapapa; tapu and noa; rangatiratanga; rhui; mana; wairua; muru.

element 2 Describe changes to Mori society and consequent changes to Mori forms of social control following colonisation. performance criteria 2.1 The description details the effects of colonisation on Mori society. Range: effects may include but are not limited to ­ loss of land; loss of authority; establishment of parliament; urbanisation; legislation; introduced religion; changes to whnau, hap and iwi structures. Evidence of three effects required.

© New Zealand Qualifications Authority 2010

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TIKANGA-A-IWI Describe Mori approaches to social control and legal systems

2.2

The description details the effects of changes to Mori society on systems of social control. Range: effects may include but are not limited to ­ breakdown of social structures; changing belief systems; changing demographics. Evidence of three effects required.

element 3 Describe contemporary approaches to incorporating tikanga Mori into the New Zealand legal system. performance criteria 3.1 3.2 3.3 The description details marae or hap based sentencing as used in some courts. The description details use of te reo Mori in courts of law. The description details recognition of customary Mori fishing rights in legislation.

Comments on this unit standard Please contact the NZQA Mori Qualifications Services [email protected] if you wish to suggest changes to the content of this unit standard. Please Note Providers must be accredited by the Qualifications Authority or a delegated interinstitutional body before they can register credits from assessment against unit standards or deliver courses of study leading to that assessment. Industry Training Organisations must be accredited by the Qualifications Authority before they can register credits from assessment against unit standards. Accredited providers and Industry Training Organisations assessing against unit standards must engage with the moderation system that applies to those standards.

© New Zealand Qualifications Authority 2010

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TIKANGA-A-IWI Describe Mori approaches to social control and legal systems

Accreditation requirements and an outline of the moderation system that applies to this standard are outlined in the Accreditation and Moderation Action Plan (AMAP). The AMAP also includes useful information about special requirements for providers wishing to develop education and training programmes, such as minimum qualifications for tutors and assessors, and special resource requirements. This unit standard is covered by AMAP 0226 which can be accessed at http://www.nzqa.govt.nz/site/framework/search.html.

© New Zealand Qualifications Authority 2010

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