HON CHRISTOPHER FINLAYSON

National Party Māori Affairs Spokesman

15 September 2014 Media Statement

More conspiracy theories from Internet-Mana

The Internet–Mana Party’s bizarre allegations about the future of the Māori Land Court and the Waitangi Tribunal are a conspiracy theory based on wilful misunderstanding of basic constitutional conventions, National Party Māori Affairs spokesman Christopher Finlayson says.

“Internet-Mana’s Waiariki candidate has suggested that the routine re-appointment of sitting members of the Waitangi Tribunal in August and the appointment of two temporary Māori Land Court Judges is a conspiracy of JFK-sized proportions to destroy both institutions,” Mr Finlayson says. “She has really let her imagination run away on her.”

“The government recently re-appointed Judge Wilson Isaac as Chair of the Waitangi Tribunal for one year, because his term as Chair was due to expire in the lead up to the election,” Mr Finlayson says. “At the same time, a number of other non-judicial members of the Waitangi Tribunal were also appointed and re-appointed for periods of a year.”

“By convention, ministers tend to avoid making significant appointments in the lead up to an election. The reason for this is simple: governments must not bind the next government. However, sometimes appointments are necessary, as they were in this case because the terms of the Chair and a number of Tribunal members were coming to an end in that period. In this case, a shorter term of a year is an appropriate compromise.”

“However, Judge Isaac’s re-appointment as Chair of the Tribunal has nothing to do with his warrant as a Māori Land Court Judge. He holds his warrant until the age of 70, as all judges in New Zealand courts do.”

A re-elected National government would not disestablish the Waitangi Tribunal. As historical settlements are concluded, it will continue to investigate contemporary claims, and National would make sure it has the expertise available to do so.

“The temporary appointment of two Māori Land Court Judges is completely unrelated to the Waitangi Tribunal appointments,” Mr Finlayson says.

“Judges are occasionally appointed on a temporary basis to help manage workload or increase judicial representation in various regions. Temporary appointments have been made numerous times in the District Court and twice in the Māori Land Court. Those appointments were necessary to clear a backlog of work in the Court and the Waitangi Tribunal.”

“National will complete the reform of Te Ture Whenua Māori Act, in order to unlock the huge potential of Māori land for its owners. The proposal for reform explicitly sets out the functions of the Māori Land Court, and so suggesting there is somehow a plan to abolish the Court is nonsensical. The reformed Te Ture Whenua Act will in fact expand the jurisdiction of the Court.”

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