AUT's dean steps down to go away and work quietly in a corner [updated]

Legal battles can be very personal, but arguments about the law less so. Yet when barrister Gary Judd criticised the impetus from AUT's law school dean Khylee Quince to "embed tikanga" in students' first year -- to be taught that tikanga is "the first law of the country" -- her reply was that Judd, a King's Counsel (KC), should "go die quietly in a corner."

Judd is fortunately still with us. And Quince, still unapologetic, is now stepping down as dean to go away and work quietly in a corner. Her legacy however remains: that those wishing to take up law as a reasoning discipline should try to find a university with a faculty whose leadership has greater respect for that argument.

And issues remain. As Samira Taghavi says (a barrister and practice manager at Active Legal Solutions and a member of The Law Association’s council and Criminal Law committee), 

Khylee Quince’s belittlement of Judd KC raises important questions about the lessons we impart to the next generation of lawyers. Are we equipping them to confront and counter challenging viewpoints effectively? Or are we teaching them to resort to personal attacks?

So let's leave the personal and look at law. As Judd pointed out, quite simply: tikanga cannot be "first law" because tikanga is not law at all, it is a collection of beliefs; to tell students it is law is cultural indoctrination.

[T]ikanga” ... is a set of beliefs, principles of a spiritual nature, a way of life (“the right Māori way of doing things”). 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. ...

Where tikanga beliefs have been acted on, they may have given rise to customary behaviour and those customs might [mature] into a species of customary law applicable for specific purposes, for example for determining who owns Māori land, but [one cannot simply declare] 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. Making a falsehood a fundamental part of the description of its nature is not a good way to ensure its survival. ...
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 they are not yet law, let alone first law. And hissy fits still won't change that.

UPDATE: Her time is up, literally -- her five-year term has expired. But judging by the results of last September's AUT staff survey, it looks like few of her colleagues will be mourning. Kiwiblog reported:

I have been leaked a copy of the latest staff survey from AUT Law Faculty and it is very clear that it is a very unhappy place. Here are some of their results:Would recommend AUT as a great place to work 45%

• AUT is in a position to succeed 42%
• Have confidence in senior leaders at AUT 35%
• AUT has a thriving research culture 35%
• Am comfortable reporting inappropriate behaviour 30%
• Workloads are divided fairly 25%
• Innovation is recognised and rewarded 20%
• At AUT we are good at learning from our mistakes 20%
• The right people are recognised and rewarded 20%
• If someone is not delivering in their role we do something about it 5% ...

As you can see [in the above Powerpoint screenshot] the results for the Law Faculty are much much lower than AUT as a whole. So this would suggest the major issue is not the central administration, but the faculty management itself. I [David Farrar] am told by sources that everyone knows what the major problem is, but people are too scared to say so.