Consolidating a Māori Legal Theory: Opportunities for our own legal theorising and jurisprudence in Aotearoa New Zealand

<p><strong>This thesis consolidates both the case for a Māori legal theory and the jurisprudential work that already gives it form. It shows that Māori legal theory does not need to be invented, it is already operating across academic, community, and legal domains. What remains is to recognise, refine, and articulate it on its own terms. At its core is the affirmation that tikanga Māori is not merely cultural practice or historical custom, but within itself contains a principled and reasoned system of law: diverse in form, grounded in relationships, and capable of guiding both constitutional transformation and everyday legal reasoning. Set against the constitutional foundations of Te Tiriti o Waitangi and the evolving treatment of tikanga within the state legal system, the thesis examines how Māori law has been interpreted, recognised, and at times distorted by frameworks such as legal pluralism, and how alternatives like Indigenous Legal Theory offer support towards the development of our own Māori legal theory. In response, the thesis draws together the jurisprudential contributions of key Māori scholars, the structured legal methods emerging from within tikanga, and visionary models of constitutional change, particularly Matike Mai. Together, these demonstrate that a Māori legal theory, grounded in Māori forms of reasoning and authority, is already in motion. What this thesis offers is a consolidation: a weaving together of the intellectual, legal, and constitutional strands that not only create a platform for further development, but demonstrate how much of the work is already being done. In doing so, it affirms that Māori legal thought is not peripheral to New Zealand’s legal landscape, it is central to imagining its future.</strong></p>