The tribunal is currently investigating the Government’s decision to repeal section 7AA of the Oranga Tamariki Act, which lays out the obligations of the children’s ministry in relation to the Treaty of Waitangi. Last week, the Waitangi Tribunal issued a summons to Minister for Children Karen Chhour when she refused to provide evidence behind the decision to repeal.
While Crown lawyers have said they will seek judicial review of the summons in the High Court, Jones and Seymour have broken rank to openly criticise the tribunal. …
In response, Te Hunga Rōia Māori / Māori Law Society wrote on Wednesday to Luxon and Attorney-General Judith Collins, saying Jones’ comments are likely to have breached Cabinet Manual conventions against influencing or criticising the judiciary.
“These comments are inappropriate and unconstitutional. The Cabinet Manual provides that ministers must ‘exercise judgement before commenting on matters before the courts or judicial decisions’ (clause 4.12) and that ‘Ministers should not express any views that are likely to be publicised if they could be regarded as reflecting adversely on the impartiality, personal views, or ability of any judge’,” co-presidents Natalie Coates and Tai Ahu wrote in the letter.
“Minister Jones’ comments directly bring into question the performance of the Waitangi Tribunal, an independent Commission of Inquiry established by legislation that serves a function akin to a Court and over which a Judge presides. The comments, which are paired with a threat of executive review of the function and purpose of the Tribunal could also have a chilling effect and reflect adversely on Waitangi Tribunal decisions going forward.”
The Waitangi Tribunal is not a judicial body. In fact it is far from it:
- Only 5 of the 20 members are even lawyers
- Members are appointed by the Minister of Maori Affairs, not the Attorney-General
- Unlike judges who are appointed for life, members are appointed for three years terms – ie they are temporary appointees made by the Government of the day
So criticising the Waitangi Tribunal is not the same as criticising the Maori Land Court. They are different creatures.
David Farrar runs Curia Market Research, a specialist opinion polling and research agency, and the popular Kiwiblog where this article was sourced. He previously worked in the Parliament for eight years, serving two National Party Prime Ministers and three Opposition Leaders.
David Farrar runs Curia Market Research, a specialist opinion polling and research agency, and the popular Kiwiblog where this article was sourced. He previously worked in the Parliament for eight years, serving two National Party Prime Ministers and three Opposition Leaders.
6 comments:
No... but the WT behaves like a court and waits to see who has the nerve to challenge its bold behaviour ..... sadly, noone does and so the WT's arrogance continues to grow....
Chutzpah is a familiar strategy which can get you a long way....
Maybe all of us are just going to have to get used to the idea that Māori, there wants and needs sit above Democracy.
In my view, New Zealand would be a far better and more efficient country if the Waitangi Tribunal was abolished immediately and in its entirety.
There appears to be a widespread belief that the Waitangi Tribunal is a "court."
This has been accelerated over the years to become almost accepted.
In fact the WT was established as an ADVISORY body to give non-binding advice to the government on claims pursuant to the Treaty.
Coates and Ahu are deluded, for in the court of public opinion the Waitangi Tribunal already has very little credibility when it has an entirely partisan approach and only proves it so when it comes out with nonsense like claiming Maori didn't cede sovereignty.
Not unlike our PM, our Supreme Court, Ministry of Education, and a host of other bureaucratic wokesters, they all need to be reined in, and with some haste.
It is absolutely incredible that anyone in their right mind could consider that ‘special pleading’ organisation known as the WT a court of justice. it is just another of those corrupt organisations in dire need of elimination.
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