The Supreme Court has ruled the majority of the Court of Appeal “erred” in a major decision that ultimately eased the test for Māori to gain customary rights for use of the foreshore and seabed.
Its just-issued ruling allows an appeal by the Attorney-General against the Court of Appeal’s decision last October, at a time the Government is pushing through contentious legislation to overturn it.
The Court of Appeal decision was appallingly bad, and was clearly going against the clear intent of Parliament. That is why Parliament moved to overturn it. It is good to see the Supreme Court, also overturn it (even if I am suspicious of their motives and speed).
The usual suspects have all called the Government racist etc for the law change to make sure the original intent stands. Now that the Supreme Court has done likewise, will they also be calling the Supreme Court racist?
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.
1 comment:
As the learned, Gary Judd KC, has recently written, our Supreme Court's latest is not what it seems and unless our Parliament moves as intended, their activism will unlikely be quelled. https://lawnews.nz/administrative-public/the-edwards-judgment-a-nullity-designed-to-pre-empt-parliament/#msdynmkt_trackingcontext=12ba138b-c620-42b6-ab0d-45999448380a&msdynmkt_prefill=mktprf65d575a8490f4ce9a3803675ef9b2a90eoprf
Look out NZ, for the wolf in no longer at the door, but inside.
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