April 22, 2024
High court hearing challenge to Waitangi summons
Former Māori affairs minister Dover Samuels says a Waitangi Tribunal summons to the Children’s Minister is a breach of its constitutional position.
The High Court will today consider arguments on whether Karen Chhuor needs to turn up to answer questions about the repeal of section 7aa of the Oranga Tamariki Act, which covers her department’s obligations under the Treaty of Waitangi.
Mr Samuels says the tribunal tried something similar on him when he was minister 20 years ago, but backed off when he asked for a legal opinion.
He says parliament is the highest court in the land, and the tribunal is not a court but a permanent commission of inquiry set up by parliament.
“I think you don’t have to be a high court judge, even a Maori land court judge, to understand where the judicial process ends and where the parliament process begins and ensure there is no clash between the both,” he says.