ABSTRACT
This chapter suggests the application of a therapeutic jurisprudence approach as a vehicle to implement tikanga Māori within a specialised court setting, such as a domestic violence court, could alleviate the alarming rates of domestic violence in New Zealand. Therapeutic jurisprudence can be thought of as a lens through which to view regulations and laws, as well as the roles and behaviour of legal actors: the legislators, lawyers, judges and administrators. It is through this lens that an Indigenous legal system such as tikanga Māori can be implemented. Support for therapeutic jurisprudence varies within academic circles from enthusiasm to mixed reviews. One of the early criticisms of therapeutic jurisprudence was that it was paternalistic. A domestic violence court would bring cases before a judge more quickly than in the ordinary courts. Therapeutic jurisprudence can apply equally to the victim as to the offender. The focus is on the offender whose liberty is at risk.
