Category: Hapu

Hapu Process – Tikanga

Hapu Process – Tikanga

 

In this korero snippet, we look at the relationship between Hapu tikanga and the Native Council process within the courts.

We look at the relationship to the settler organisations – councils, police – and the authority of Hapu Native Council.

The strength of this process is that it is built from the ground up, the foundation first, not like others that build the roof first and then allow others to participate. The foundation brings together our unity under 1835. It allows the Hapu / (Native Council) to execute their tikanga into a process of Maori Customary Law, available globally as Customary Law.

This is how we come together in whakaminenga, from the floor up, apply our tikanga and direct the judge to uphold their oath of law and execute Constitutional Law / Customary Law.


Join us today with our selected video excerpt discussing the process of Hapu tikanga in relation to the Native Council, and we hear from Renei with her experience, testimony and application.


12:36 minute duration
Featured on Homepage 2022 Feb 5th – 12th

What is the Hapu hui process?

What is the Hapu hui process?

There is no definitive process on how to run Hapu hui, as it all comes down to kawa and tikanga, so all we can do is offer a guideline that will assist in keeping the order of the hui in line with constitutional process.


Firstly, the Hapu needs to decide whether they will accept the matter or not.

Matters could include:

        • Settler demands upon the whanau
        • Breaches of whenua protocols
        • Charges upon whanau members

If the Hapu accepts the matter, they can proceed with tending to the matter.

The Hapu calls a hui and the matter is discussed. Everything about the discussion should come under kawa and tikanga. (Please be aware that we have been condition so well that we may not realise we are conditioned and may start applying the tauiwi laws when speaking in our hui).

Bringing in tauiwi laws and rules would be a breach our kawa and tikanga and render the matter invalid of the Native Council process.

As the hui progresses, the selected administrators sit in on the hui and record the discussion. The main points the administrators are looking for are:

      • Hapu determinations
      • Hapu resolutions

For each determination, there must be a resolution.

At the conclusion of the hui, the Hapu should have arrived at a overall determination such as: ” The Hapu has determined that – the member in this matter has breached tikanga unknowingly” and also an overall resolution such as: “The Hapu has put in place resolutions for the remedy of the member and the matter situation”.

The Hapu process is over. It is now up to the administrators record the Hapu hui and print up relevant documents if required. The Native Council process can now be applied.

Summary

      1. Decide if the Hapu accepts to hear the matter
      2. Discuss the matter under kawa and tikanga
      3. Make determinations on the matter
      4. Make resolutions on the determinations
      5. Record the hui outcome/s

 

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