This is a single section from Chapter 3. Read the full chapter here.

Have all relevant common law rules and principles and tikanga been identified and considered?

Relevant common law rules and principles and tikanga should be identified.

New legislation should, as far as practicable, be consistent with fundamental common law principles and tikanga (which may require appropriate consideration of Māori language, customs, beliefs and the importance of community, whānau, hapū and iwi). Some of the fundamental common law principles are discussed in Chapter 4.

A considerable amount of substantive law (large portions of the law of tort (civil wrongs), contract, equity (such as the law of trusts and fiduciary obligations), as well as many of the principles of judicial review) is still found in the common law, albeit subject to some statutory modifications. If proposing to legislate in these fields, legal advice should be sought to identify the extent to which the common law still applies.

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