Tikangā is a body of God-given concepts and practices
designed to uphold te ihi te wehi te mana te tapu me te mauri o nga tangata me
te ao, and it is based on the fundamental principles of tika, pono aroha.
Whenever any one or more of these principles is not
present, or is in conflict with another, there is a violation. Under tikanga, the ideal outcome to heal any
violation is hohou-i-te-rongo, a reconcilation based on restoration of both the
victim and the violator to a state of toiora.
I was once asked to
facilitate a hui between a whānau where a wife had died and her estranged
husband had returned to live in the home he’d built and paid for on her whānau
land. Her whānau wanted him off their
land entirely, and he wanted them out of his house completely.
It quickly became clear
that the whānau were there through heke tika (birthright), while the husband was there because he and his late
wife had once loved each other enough for her to bring him on to her land, and him
to build her the house. But pono did not
seem to be there at all, and so the two parties were at each other’s throats.
Finally, the wife’s
brother stood up and told everyone off to a standstill for what each had
contributed to the conflict. He even told
me off just for being there. We could
tell he was wild that he had to say these things. But, most importantly, we all knew pono was
in the house!
Straightaway the dynamic
of the hui changed and that whānau were able to hohouterongo themselves.
An alternative tikanga
outcome to hohou-i-te-rongo is muru, which can be likened to restorative
justice based on redistribution of assets.
In another case, two
teenaged boys stole from their grandparents, and when confronted by their koro,
they’d shoved and threatened both him and their nanna with even worse violence
if he didn’t shut up.
At the resultant hui
there was pōkēkē me pōhēhē aplenty from the boys and their whānau supporters,
but no evidence of tika pono or aroha from beginning to end. It was clear that hohouterongo was just not
going to happen.
Finally, the whānau supporters of the grandparents appointed
a taua
which went to the boys’ house to perform the muru. Ironically, the boys’ father called the
police and his sons ended up being convicted in the Kawanatanga court on assault
and theft charges.
When violators refuse to
live or abide by tikanga, the only alternative is the lower laws of the
Kawanatanga which can punish them, but will never heal their violation or restore
them and their victims to toiora.
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