Gordon Campbell | Parliament TV | Parliament Today | News Video | Crime | Employers | Housing | Immigration | Legal | Local Govt. | Maori | Welfare | Unions | Youth | Search

 


Judgment: The NZ Maori Council v The Attorney-General

Judgment: The New Zealand Maori Council v The Attorney-General

[Full judgment: Waikato_River__Ors_v_Pouakani_Claims_Trust__Ors_v_NZ_Maori_Council__O.pdf]

Summary
[342] I am satisfied that the three proposed decisions of the Crown; the commencement decision; the amendment to the constitution of MRP decision; and the sale of MRP shares decision; are not reviewable decisions. Neither s 9 of the SOE Act nor s 45Q of the Public Finance Act apply to these decisions.
[343] Parliament has decided the four SOEs (including MRP) should be removed from the SOE Act to become MOM companies to facilitate the sale of up to 49 per cent of the shares in the four companies. This case is on all fours with the Commercial Radio case from the Court of Appeal. No review of Parliament by the Courts is permitted in law. This is effectively what the claimants have asked this Court to do in these proceedings. All causes of action, save the claim based on s 64(3) of the Waikato-Tainui Raupatu Claims (Waikato River) Settlement Act 2010 must, therefore, fail on these grounds. These grounds of review were dependent upon one or more reviewable decision by the Crown. I have found there are none.


[344] As to the claim of a breach of s 64(3) of the Waikato-Tainui Raupatu Claims (Waikato River) Settlement Act 2010 I am satisfied that there is no breach. The sale of shares was not a sale that required the Crown to engage with Waikato-Tainui.
[345] If I am wrong in my conclusions at [343] and [344], then I consider each particular ground of review must fail:
(a) I am satisfied that the Crown when proposing to make each of the three decisions will not act inconsistently with the principles of the Treaty. I am satisfied that there is no nexus or connection between the sale of the shares in MRP and the need to provide for Māori claims to proprietary interest in water by way of potential redress or recognition of rights.
(b) I am satisfied the consultation that took place relating to the Treaty protection with respect to the privatisation policy was adequate and that the Crown had not predetermined its stance especially with respect to the Waitangi Tribunal’s shares plus concept.
(c) I do not consider the three decisions or intended decisions of the Crown to commence the legislation, amend MRP’s constitution or sell MRP shares were based in part on the proposition that “at common law no one owned the water”. No error of law was, therefore, established.
(d) I do not consider that the Crown was obliged to allow the Waitangi Tribunal process to be finished. The essence of the first report was already complete with further referencing and typographical error correction to come. The purpose of splitting the hearing was to determine the Waitangi Tribunal’s view as to whether the sale of the shares could proceed without inconsistency with Treaty principles through the first report. The Crown was not, therefore, obliged to wait for the second Tribunal report.


(e) I reject the claim that there was a breached legitimate expectation of Māori either to the substantive claim or the procedural complaints which made the sale decision unlawful. These claims were essentially a repeat of other claims already rejected.
(f) Finally, I am satisfied that there was no breach of natural justice in the process.

Costs
[346] Should the Crown seek costs then they should file a memorandum within 21 days. The claimants have a further 21 days within which to respond.

[Full judgment: Waikato_River__Ors_v_Pouakani_Claims_Trust__Ors_v_NZ_Maori_Council__O.pdf]

© Scoop Media

 
 
 
 
 
Parliament Headlines | Politics Headlines | Regional Headlines

Parliament Today: State Opening Of Parliament

The House sits at 10.30am today before MPs are summoned to hear the Speech from the Throne in the Legislative Council Chamber.

The speech delivered by the Governor-General on the Government’s behalf outlines its priorities for this Parliament.

After this MPs will return to the House for the presentation of petitions and papers and the introduction of any bills.

The Government has five notices of motion on the Order Paper which can be debated. These relate to relating to the appointment of the Deputy Speaker, Assistant Speakers, the reinstatement of business in a carryover motion and one on “Entities to be deemed public organisations”. More>>

 

Tertiary Education: Students Doing It Tough As Fees Rise Again

The Government is making it increasingly difficult for Kiwis to gain tertiary education as fees continue to rise and access to student support becomes even more restricted, Labour’s Tertiary Education spokesperson Chris Hipkins says. More>>

ALSO:

Housing, Iraq: PM Press Conference – 20 October 2014

Prime Minister John Key met with press today to discuss:
• Housing prices and redevelopment in Auckland
• Discussions with Tony Abbott on the governmental response to ISIS, and New Zealand’s election to the UN Security Council More>>

ALSO:

Labour: Review Team Named, Leadership Campaign Starts

Labour’s New Zealand Council has appointed Bryan Gould as Convenor of its post-General Election Review. He will be joined on the Review Team by Hon Margaret Wilson, Stacey Morrison and Brian Corban.

ALSO:


Roy Morgan Poll: National Slips, Labour Hits Lows

The first New Zealand Roy Morgan Poll since the NZ Election shows National 43.5% (down 3.54% since the September 20 Election). This isn’t unusual, National support has dropped after each of John Key’s Election victories... However, support for the main opposition Labour Party has crashed to 22.5% (down 2.63% and the lowest support for Labour since the 1914 NZ Election as United Labour). More>>

ALSO:

In On First Round: New Zealand Wins Security Council Seat

Prime Minister John Key has welcomed New Zealand securing a place on the United Nations Security Council for the 2015-16 term. More>>

ALSO:

TPP Leak: Intellectual Property Text Confirms Risk - Jane Kelsey

The US is continuing its assault on generic medicines through numerous proposed changes to patent laws. ‘These are bound to impact on Pharmac if they are accepted’, according to Professor Kelsey... Copyright is another area of ongoing sensitivity... More>>

ALSO:

RMA: Smith Plans Reform To Ease Urban Development

Newly appointed Environment Minister Nick Smith has announced Resource Management Act reform to foster urban development, where high land prices and expensive resource consents are blocking efforts to provide affordable housing. More>>>

ALSO:

Gordon Campbell: On New Zealand getting involved (again) in other people's wars

Apparently, the Key government is still pondering how New Zealand will contribute to the fight against Islamic State. Long may it ponder, given the lack of consensus among our allies as to how to fight IS, where to fight it (Syria, Iraq, or both?) and with whose ground troops, pray tell? More>>

ALSO:

Gordon Campbell: On child poverty, and David Shearer’s latest outburst

The politicisation of (a) the public service and (b) the operations of the Official Information Act have been highlighted by the policy advice package on child poverty that RNZ’s resolute political editor Brent Edwards has finally prised out of the Ministry of Social Development. More>>

ALSO:

Gordon Campbell: On the government’s review of security laws

So the Key government is about to launch a four week review of the ability of our existing legislation to deal with “suspected and returning foreign terrorist fighters, and other violent extremists.”

According to its terms of reference, the review will consider whether the SIS, GCSB and Police are sufficiently able right now to (a) investigate and monitor suspected and returning foreign terrorist fighters… More>>

ALSO:

Get More From Scoop

 

LATEST HEADLINES

 
 
 
 
 
 
 
 
Politics
Search Scoop  
 
 
Powered by Vodafone
NZ independent news