June 10, 2014
Tribunal changes tack on Tuhoronuku claim
The Waitangi Tribunal has changed its approach to challenges to the Ngapuhi treaty settlement process after a High Court judge slammed its refusal to intervene in the Tuhoe settlement.
A reserved judgment by Justice Joe Williams released at the end of May looked at attempts by Waikaremoana iwi Ngati Ruapani and Te Upokorehe from Ohiwa Harbour to get urgent hearings.
They argued the Tuhoe settlement damaged prospects of a fair settlement of their own historic claims.
Tribunal chair Chief Judge Wilson Isaac delegated the task of determining the applications to Maori Land Court Judge Sarah Reeves, who turned them down.
Justice Williams said the delegation was illegal, because Judge Reeves was not the presiding officer for the panel that would hear the claim.
But because the settlement legislation was now before parliament, it was too late to do anything.
In response the tribunal has appointed Judge Reeves the presiding officer of the panel to hear multiple claims against the crown granting a mandate to the Ngapuhi Runanga-backed Te Ropu Tuhoronuku to negotiate a settlement to Te Paparahi o Te Raki claims.
A two day judicial conference will be held next week on whether urgency should be granted.
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