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Mokomoko (Restoration of Character, Mana, and Reputation) Bill / Mokomoko (Recognition and Restoration) Bill (Consistent) [2011] NZBORARp 44 (28 September 2011)

Last Updated: 29 April 2019

Mokomoko (Recognition and Restoration) Bill

Note - the name of the Mokomoko (Recognition and Restoration) Bill was changed to the Mokomoko (Restoration of Character, Mana, and Reputation) Bill prior to introduction.

28 September 2011

ATTORNEY-GENERAL LEGAL ADVICE

CONSISTENCY WITH THE NEW ZEALAND BILL OF RIGHTS ACT 1990:

MOKOMOKO (RECOGNITION AND RESTORATION) BILL


  1. We have considered whether the Mokomoko (Recognition and Restoration) Bill (‘the Bill’) is consistent with the rights and freedoms affirmed in the New Zealand Bill of Rights Act 1990 (‘the Bill of Rights Act’). We understand that the Bill will be considered by the Cabinet Legislation Committee at its meeting on Thursday, 6 October 2011.
  2. The purpose of the Bill is to give legal effect to the agreement between the Crown and Te whānau a Mokomoko Leadership Group, dated 28 September 2011, relating to statutory recognition of the free pardon granted to Mokomoko, on 15 June 1992.
  3. In 1866, the Whakatōhea Chief Mokomoko was tried and executed for the murder of Carl Sylvius Volkner. Throughout the trial Mokomoko maintained his innocence. In 1992, the Governor-General issued a free pardon to Mokomoko. However, the pardon was provided without consultation with Te whānau a Mokomoko and was not satisfactory to the whānau in several respects. To rectify this situation the Bill:

Mokomoko’s character, mana, and reputation or the character, mana, and reputation of his uri (descendants)


(c) acknowledges that the Crown should have consulted with Te whānau a Mokomoko about

the wording of the free pardon, and


(d) expressly restores Mokomoko’s character, mana, and reputation and the character,

mana, and reputation of his uri.


  1. We have concluded that the Bill appears to be consistent with the rights and freedoms affirmed in the Bill of Rights Act. This advice has been prepared by the Public Law Group and the Office of Legal Counsel.

Jeff Orr

Chief Legal Counsel Office of Legal Counsel

In addition to the general disclaimer for all documents on this website, please note the following: This advice was prepared to assist the Attorney-General to determine whether a report should be made to Parliament under s 7 of the New Zealand Bill of Rights Act 1990 in relation to the Mokomoko (Recognition and Restoration) Bill. It should not be used or acted upon for any other purpose. The advice does no more than assess whether the Bill complies with the minimum guarantees contained in the New Zealand Bill of Rights Act. The release of this advice should not be taken to indicate that the Attorney-General agrees with all aspects of it, nor does its release constitute a general waiver of legal professional privilege in respect of this or any other matter.

Whilst care has been taken to ensure that this document is an accurate reproduction of the advice provided to the Attorney-General, neither the Ministry of Justice nor the Crown Law Office accepts any liability for any errors or omissions.


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