Te Reo Maori as a Language of New Zealand Law: The Attainment of Civic Status

In July 2011 the Waitangi Tribunal released Wai 262, its report on the indigenous flora and fauna claim. In the report, the Tribunal signalled "a deep-seated fear for the survival of te reo" and found that the language was in a state of "renewed decline". To date, revitalisation initiatives have focussed largely on stemming language decline in the community. Comparatively little attention has been given to the need to develop te reo Māori in the civic life of the state; in particular, as a language of law and legal process. This dissertation argues that if te reo Māori is to survive in the 21st century, it must develop as a fully functional language of New Zealand law. This dissertation critiques the domestic and international instruments that protect the right to use te reo Māori in civic contexts, and identifies three developments that are necessary for te reo Māori to achieve full functionality as a legal language. The first is the provision of an unqualified right to use Māori in the law-making process. The second is the use of Māori in the substantive enactment of law. The third is a principled and consistent approach to drafting and interpreting Māori words and provisions in statutes.