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


Gordon Campbell: On The Mosque Movie, And The Demise Of Netanyahu

Plainly, a whole lot of New Zealanders – including PM Jacinda Ardern - are not on board with They Are Us, the mooted film project intended about the Christchurch mosque shootings. Here’s how the original Hollywood Reporter story described the gist of They Are Us... More>>

 



Government: To Apologize For Dawn Raids

The Government will make a formal apology for the wrongs committed during the Dawn Raids of the 1970’s.
Between 1974 and 1976, a series of rigorous immigration enforcement policies were carried out that resulted in targeted raids on the homes of Pacific families... More>>

ALSO:


Trade: EU And UK FTAs Top Of List For First Ministerial Trip Since COVID-19

Trade and Export Growth Minister Damien O’Connor today announced details of his planned visit to the United Kingdom and European Union next week, where he will hold trade and agriculture discussions to further New Zealand’s economic recovery from COVID-19... More>>


Transport: Clean Car Package To Drive Down Emissions

The Government is taking action in line with the advice of the Climate Change Commission to increase the uptake of low emission vehicles by introducing a range of measures that will help meet New Zealand’s 2050 carbon neutral target... More>>

ALSO:


Jewish Council: New Zealand Not Immune From Rise In Antisemitism

The representative body of New Zealand Jewry, the NZ Jewish Council (NZJC), has expressed concern about the high number of antisemitic incidents in New Zealand recorded last month. Spokesperson for the NZJC, Juliet Moses, said... More>>

NZNO: Nurses Reject DHB Offer And Confirm Strike Action

The New Zealand Nurses Organisation says its 30,000 members who work in DHBs have voted overwhelmingly to reject a second offer in their current round of multi-employer collective agreement (MECA) negotiations... More>>

ALSO:


 
 
 
 
 
 

LATEST HEADLINES

  • PARLIAMENT
  • POLITICS
  • REGIONAL
 
 

InfoPages News Channels