'Māori Rejections of the State’s Criminal Jurisdiction Over Māori in Aotearoa New Zealand’s Courts' by Fleur Te Aho and Julia Tolmie in (2023) 30 New Zealand Universities Law Review comments
A significant and little-known protest is happening in Aotearoa New Zealand's criminal court. For years, on an almost daily basis, Māori defendants have been rejecting the state's exercise of criminal jurisdiction over them - claims that have been repeatedly rejected by the courts. In this article, we examine the extent and nature of this jurisdictional protest in the criminal court and offer some initial reflections on the implications of the protest and the court's response to date. We suggest that this protest is notable both for its scale and, at times, sophistication but that the court's response has been simplistic - dismissing without truly addressing the defendants' arguments. In our view, the courts cannot authentically address such claims without first acknowledging that their jurisdiction - and the state's authority to govern Māori - is founded on an illegitimate and unilateral assumption of power.
