Waikato Law Review TAUMAURI VOLUME 24, 2016 Mihi and Tribute to Matiu Dickson v Judge Craig Coxhead Introduction and Dedication to Matiu Dickson viii Linda Te Aho and Gay Morgan Has the New Zealand Criminal Justice System Been Compromised? [Harkness Henry Lecture] 1 Sir Ron Young Closing Geographical Distances: The value of a New Zealand perspective on the Admission Policy of a Native Hawaiian School 14 Dr Keakaokawai Varner Hemi First Laws: The Challenge and Promise of Teaching Indigenous Laws in Australian Law Schools 43 Brooke Greenwood Māori Rights to Freshwater: The Three Conceptual Models of Indigenous Rights 58 Andrew Erueti A Freshwater Allocation to Iwi: Is It Possible under the Resource Management Act 1991? 81 Lara Burkhardt The Utilisation of Law Commission Reports 97 Sir Grant Hammond The Commissioner of Inland Revenue’s Statutory Duty to Collect the Highest Net Revenue 108 Joel Manyam Homeless Youths’ “Street Families” in Aotearoa New Zealand’s Youth Justice System 124 Selwyn Fraser Proposals to Address Privacy Violations and Surveillance by Unmanned Aerial Systems 142 Andrew V Shelley Book Review: Handbook of Indigenous Peoples’ Rights 171 Linda Te Aho Editors in Chief Linda Te Aho and Gay Morgan Editorial Assistance Mary-Rose Russell Senior Student Editor Carey Church Student Editors Nicole Morrall, Jessie Ormsby, Aref Shams EDITORIAL ADVISORY BOARD Chief Justice, The Honourable Dame Sian Elias (honorary member), Chief Justice of New Zealand. Professor John Borrows, JD (Toronto), PhD (Osgoode Hall), LL.D (Dalhousie), FRSC, Professor, Canada Research Chair in Indigenous Law, Nexen Chair in Indigenous Leadership, University of Victoria, (Canada). Associate Professor T Brettel Dawson, Department of Law, Carleton University, Academic Director, National Judicial Institute (Canada). Gerald Bailey, QSO, LLB (Cant), Hon D (Waikato), Consultant Evans Bailey, Lawyers, former Chancellor of University of Waikato and member of the Council of Legal Education. Sir David Baragwanath, Honorary Professor, University of Waikato, Judge of the Appeals Chamber of the Special Tribunal for Lebanon, The Hague. Professor John Farrar, LLB (Hons), LLM, LLD London, PhD Bristol, Emeritus Professor of Law, Bond University, Professor of Corporate Governance, University of Auckland. Deputy Chief Judge Caren Fox, Maori Land Court. Judge Stephanie Milroy, Maori Land Court. Dr Dame Joan Metge, Law and Society, with particular interests in law’s role in an ethnically diverse society. Professor Margaret Bedggood, QSO, LLB Otago, MA NZ and London, former Chief Human Rights Commissioner. The Honourable Justice Paul Heath, Judge of the High Court of New Zealand. The Honourable Sir Eddie Durie, KNZM, first Māori appointed as a Justice of the High Court of New Zealand, and leading legal expert on the Treaty of Waitangi. Professor Alex Frame, LLB Auck LLM, LLD Well, former Chair in Te Piringa – Faculty of Law, University of Waikato and Director of Te Matahauariki Research Institute. Professor Paul Hunt, Department of Law, University of Essex, member of the Human Rights Centre, University of Essex and Adjunct Professor, University of Waikato. The Honorable Justice Joseph Williams, Judge of the High Court of New Zealand. Judge Peter Spiller, Honorary Professor of Law, University of Waikato. Associate Professor Morne Olivier, School of Law, University of the Witwatersrand. Professor Michael Hahn, Chair of European Law, University of Lausanne, Honorary Professor of Law, Te Piringa – Faculty of Law, University of Waikato. The Waikato Law Review is published annually by Te Piringa – Faculty of Law at The University of Waikato. Subscription to the Review costs $40 (domestic) and $45 (international) per year; and advertising space is available at a cost of $200 for a full page or $100 for a half page. Back numbers are available. Communications should be addressed to: The Editor Waikato Law Review Te Piringa – Faculty of Law Waikato University Private Bag 3105 Hamilton 3240 New Zealand North American readers should obtain subscriptions direct from the North American agents: Wm W Gault & Sons Inc 3011 Gulf Drive Holmes Beach Florida 34217-2199 USA This issue may be cited as (2016) 24 Wai L Rev. All rights reserved. No part of this publication may be produced or transmitted in any form or by any means electronic or mechanical, including photocopying, recording or any retrieval system, without permission from the Editor in Chief. ISSN 1172-9597 OUR GOOD FRIEND MATIU DICKSON Nā Judge Craig Coxhead Tātai whetū ki te rangi, mau tonu, mau tonu Tātai tangata ki te whenua, ngaro noa, ngaro noa E te hoa e Matiu kua ngaro koe ki te pū o mahara Tēnei ka haku, tēnei ka mapu Kua kore koe i te tirohanga tangata Tēnei ka auē, tēnei ka auhi He aha māku? He tangi, he mihi, he poroporoaki Nōreira e te hoa E moe, i te moenga roa, ki reira okioki ai While the starry hosts above remain unchanged and unchanging The earthly world changes inevitably with the losses of precious, loved ones To you Matiu who has been lost to the void of memories For you we lament To you who is lost from sight For you we cry of distress What am I left to do? But to grieve, acknowledge, and farewell you Rest now dear friend in peace During his lifetime, Matiu fulfilled many roles and was many things to many people. He was a husband, father, grandfather, kaumatua, teacher, city councillor, lecturer, the Chair of the Law Faculty, Chair of Te Rūnanga o Kirikiriroa, the Acting Dean of Te Piringa Faculty of Law, a composer, an academic, kaikōrero, kapa haka judge, researcher, board member and much more. He was a person who gave so much of his time and himself and expected little in return. Above all else, to many people Matiu was simply and importantly – a good friend. Matiu was born in May 1952 in Te Puke, the son of Charlotte and Te Rongoihaere Dickson. For the first years of Matiu’s life he was raised by his maternal grandparents on Matakana Island. When he was about eight, he shifted to his much-loved place of Matapihi. Matiu was a proud old boy of Auckland Grammar School (1965–1969). He attended Auckland University, completing a Bachelor of Arts and a Bachelor of Laws (1978). His law degree was followed by a post graduate Diploma in Teaching (1979). Following tertiary studies, teaching was Matiu’s focus. He taught firstly at Mount Maunganui Intermediate, then as an Itinerant Teacher of Māori for the Tauranga Moana area and then a position at Tauranga Boys’ College. Matiu’s attention then turned to law when he was admitted to the Bar in 1985. Matiu commenced his association with the University of Waikato Law School, now officially known as Te Piringa Faculty of Law, in 1996 when he began as a lecturer; a relationship which endured for more than 20 years. During this time he positively affected, influenced and guided many students and colleagues. There were few people who upon meeting Matiu did not immediately succumb to his gentle and humble presence. However, this gentle nature often disguised a stern and staunch determination. Matiu’s teaching style was “creative” – somewhat unique. Matiu had a talent for explaining difficult tikanga topics in a clear and sometimes unusual manner. It could be argued that his teaching methods were too creative and left students enlightened, informed, bemused and puzzled all at the same time. He displayed this creative and unique style in teaching Jurisprudence, Legal Systems, Legal Method, Māori Land Law, Intellectual Property, Constitutional Law, Treaty of Waitangi issues, Criminal Law, Corporate Entities, Alternative Dispute Resolution and his own creation, a specialist course on Tikanga Māori. In fact, there were few law courses that Matiu was not involved with at some time. However, Matiu did not confine himself solely to lecturing – he couldn’t – instead he actively took on the role of guiding students through their studies, not only in terms of their academic work but also in terms of their presence, appearance, behaviour and even their dress. Matiu’s commitment to his students extended well beyond the classroom. He was at times known to make kind but somewhat critical comments regarding what students wore to class. Following Matiu’s cutting comments, students would appear at the next class dressed as though they were going to Court. He would also ask students to see him after class where he would provide words of encouragement – although some may have seen these talks more as a good telling off. Matiu’s students not only benefited from his teaching style but also the Māori perspective he brought. Regardless of the topic, Matiu would bring a profound Māori view, and all of his research and publications incorporated a Māori dimension. That was Matiu. Everything, whether it was politics, law, youth justice, local government, health, the justice system, crime, waiata or land law, had a Māori dimension. As he took a Māori perspective to law, he took a legal perspective to Māori issues. In that way, he always brought value to the discussion. Matiu was extremely proud of his tribal affiliations – Ngāiterangi, Ngāti Ranginui, Te Whakatōhea, Ngāti Awa and Ngāti Whakaue. While he was affiliated to a number of iwi, his heart was always directed towards his people of Tauranga Moana, and in particular, Ngāiterangi. He was “honestly biased” towards his people. This parochial bias shone through clearly in his lectures and conference presentations, where he would proudly state that his view of tikanga was a view of his own iwi. While he would acknowledge that other iwi had different perspectives, he would then proceed to extol Ngāiterangi tikanga as being the only tikanga – the only correct tikanga – in essence, the one and only tikanga. He was staunch to his iwi – and why wouldn’t he be – for his iwi were a crucial part of what defined him.