Dignity and Mana: in Aotearoa New Zealand Legislation

Abstract

The term ‘dignity’ is used in a variety of legislative contexts in Aotearoa New Zealand, to express different ideas and perform different functions. It is also sometimes deployed alongside the Mäori concept of mana, suggesting a degree of legal association between these two discrete concepts. In this article we review the use of dignity in New Zealand case law and legislation, and critique the association being drawn between mana and dignity in our legal system. We also raise the possibility of a richer, locally legitimate conception of dignity to develop in Aotearoan law, one that draws on values and ideals from tikanga Māori – including but not limited to mana.