April 23, 2024
High stakes as court ponders tribunal power
A Māori legal academic says this week’s High Court case pitting ministers against the Waitangi Tribunal will set a precedent.
The crown yesterday asked the court to rule on whether the tribunal can summon Children’s Minister Karen Chhour to explain the Government’s decision to scrap section 7aa of the Oranga Tamariki Act, which sets expectations on the department to uphold mana tamariki and the principles of the Treaty of Waitangi.
Dr Carwyn Jones, an adjunct professor at Te Herenga Waka Victoria University’s Te Kawa a Māui Maori studies department, says it will set a clear standard for ministers.
“It would send an unfortunate signal to Government ministers if they were simply allowed to ignore requests for information from an independent inquiry like the Waitangi Tribunal,” he says.
In the past minister have responded to requests from information for the Waitangi Tribunal by filing comprehensive statements and in some cases by turning up in person, but the court was told yesterday Minister Chhour had consistently refused to provide evidence in person or via affidavit.
A decision is expected Wednesday afternoon.