December 20, 2016
Tribunal rebuked for being timid
The Waitangi Tribunal has been told to stop shirking and use its power to make binding recommendations on the crown.
In the almost three decades the tribunal has had the power to order the hand-back of land held by state owned enterprises or on-sold with a memorial on the title, it has never used it.
The case was originally bought by Mangatu Incorporation chair Alan Haronga, who objected that land taken from the incorporation in 1961 for erosion control was being returned to Te Aitanga a Mahaki as part of a wider settlement.
It was later joined by Ngati Kahu claimants from the far north.
The tribunal found claims of Maori ownership of crown land were well founded, but in both cases recommended a negotiated settlement.
The High Court says once the tribunal finds a claim meets the conditions for a recommendation to be made, it must make that recommendation.
It also has the responsibility of determining relativity and equirty between claimants competing for the same land, rather than send it back for negotiaiton.
Te Runanga a iwi o Ngati Kahu welcomed the decision, but says it was wating to see if the Crown appeals this decision to the Supreme Court.
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