 | NORML News: Cannabis legal under Maori customary law |
 NORML News Autumn 2003
Maori Justice Authority issues permits to grow & use “herbage”
East Coast kaumatua have taken “pa justice” to NZ courts and won.
Alan Rua, great-grandson of the prophet Ruakenana, is fighting cannabis charges using Maori customary law and support from Kaumatua. His brother has already beaten a cannabis possession charge.
The kaumatua issue permits through Tuhoe’s Maori Justice Authority (MJA), based in Tanaatua. The permits authorise the holder to “cultivate the herbage plant (cannabis, hemp) throughout Aotearoa” and to “trade throughout Aotearoa and with other countries where it is legal.”
Mr Rua said the approach turned the system against itself.
Treaty Negotiations Minister Doug Graham told Parliament in 1997 that “separate laws for Maori are constitutional”. It was not about terminating one law but recognising that Maori have customary law.
The Tutawhenua Act 1993 guarantees Maori the right to follow customary laws and practices. Sections 5 and 12 of the Act bind the judges to follow it on pain of dismissal.
Alan Rua told Norml News that during his brother’s trial, delegates from the MJA occupied the Admirals Gallery at the back of the court. Kaumatua spoke from this gallery rather than enter the arena of lawyers where Queen’s law must be followed, and stated they did not recognise the crown’s authority, and asserted that cannabis is legal under their own customary law.
In the case of Alan Rua’s brother, the court backed down. The judge did some fancy footwork and said he acquitted Mr Rua only because the charges were minor.
Its a pity they don’t apply that one every day! We’re impressed by this surprise attack.
Go hard pa justice!
Wananga planned
In the Hawkes Bay, members of local Paki Paki whanau will attend a 3 day wananga in June on community initiatives, with workshops on carving, moko and cannabis law reform. Representatives from NORML will attend to share information and ideas with tangata whenua. Paki Paki NORML spokesman, Johnny Ropatini, reckons there is a newer generation of Kaumatua like him who are mostly supportive of cannabis law reform. JR hopes that other communities around Aotearoa will be inspired to hold local wananga and pull together for cannabis law reform. We’ll keep you posted.
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