Yearbook of New Zealand Jurisprudence Tūhonohono: Custom and State Volume 13 & 14 (combined) 2010 & 2011 Editor Dr Richard A Benton Editor: Dr Richard Benton The Yearbook of New Zealand Jurisprudence is published annually by the University of Waikato, Te Piringa – Faculty of Law. Subscription to the Yearbook costs NZ$40 (incl gst) per year in New Zealand and NZ$45 (including postage) overseas. Advertising space is available at a cost of NZ$200 for a full page and NZ$100 for a half page. Communications should be addressed to: The Editor Yearbook of New Zealand Jurisprudence Te Piringa – Faculty of Law The University of Waikato Private Bag 3105 Hamilton 3240 New Zealand North American readers should obtain subscriptions directly from the North American agents: Gaunt Inc Gaunt Building 3011 Gulf Drive Holmes Beach, Florida 34217-2199 Telephone: 941-778-5211, Fax: 941-778-5252, Email:
[email protected] This issue may be cited as (2010-2011) Vols 13-14 Yearbook of New Zealand Jurisprudence. All rights reserved ©. Apart from any fair dealing for the purpose of private study, research, criticism or review, as permitted under the Copyright Act 1994, no part may be reproduced by any process without permission of the publisher. ISSN No. 1174-4243 (Print) ISSN No. 2253-363X (Online) ISBN No. 978-1-927208-00-7 (Print) ISBN No. 978-1-927208-01-4 (Online) YEARBOOK OF NEW ZEALAND JURISPRUDENCE Volumes 13 & 14 (combined) 2010 & 2011 Contents FOREWORD Tūhonohono: CusTom and sTaTe – a symposium The Hon Sir Anand Satyanand i PREFACE Tūhonohono: CusTom and The