"Tikanga is not law

"[A] majority of the New Zealand Supreme Court stated that tikanga was 'the first law' of New Zealand.... [But] 'tikanga' ... cannot be the 'first' law because it is not 'law' at all.... [it] is a set of beliefs, principles of a spiritual nature, a way of life ... When beliefs result in people consistently behaving in a certain way, the behaviour may become customary. Then, in certain carefully confined circumstances, customs may attain the status of law.
    "If 'tikanga' were confined in its meaning to customs which had attained the status of law, there would be no problem. Introducing a regime which would impose beliefs, principles of a spiritual nature, a way of life of some of our people, on the nation as a whole is a completely different proposition. Beliefs and principles of a spiritual nature are not law. The way of life of some is not part of the law of the land....
    "[L]aws [are] rules or commands which must be obeyed by all within the state or the community. If something is law or a law, compliance with it is not optional....
    "[B]eliefs, principles, a way of life are concepts of a different nature to law. It is possible for laws to be made to enforce or give effect to a belief or a principle or a way of life, but the beliefs, etc., are not themselves law....
    "The point is simply this: tikanga is not law because beliefs as such cannot be law. They can only be a purported justification for laws compelling action or forbidding action. For example, belief that homosexual acts between consenting adults are immoral and sinful produced laws prohibiting such acts and prescribing punishments for anyone committing such acts.... [T]he heresy laws [are] another example.
    "Beliefs, even if common to the entire population, are not law. However, beliefs may cause people to act in a certain way. Those actions may become customary and may even mature into customary law.... but the Supreme Court went way beyond that by declaring that tikanga [is] first law.
    "Calling tikanga something which patently it is not, not only offends reason but undermines the value of what it actually is."

~ Gary Judd, from his post 'Tikanga is a collection of beliefs: it is not “law”'