Part I is here.
In that introductory post, I said this part would probably be broken down in two subparts, and indeed that will be the case. This subpart will focus on the existence of tikanga into the common law of New Zealand prior to the Ellis decision. The second subpart will look at how radically the Ellis decision changed that.
To refresh, tikanga is described as:
I’m going to hold any comment on whether this should form part of our legal system until the final post in this series. For now, let’s look at how tikanga sat within our legal system prior to Ellis. A lot of this next information comes directly from the Supreme Court as opined in the decision. I have provided the decision (below) and readers can read from paragraphs [92] – [116]. It is relatively simple reading.
This will be sufficient for this subpart…
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Utopia, you are standing in it! 
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