Post by Kiwi Frontline on Apr 26, 2024 18:25:12 GMT 12
Gary Judd KC: THE WAITANGI TRIBUNAL IS NOT "A ROVING COMMISSION"
Audrey Young notes that the Tribunal is exercising powers it has as a Commission of Inquiry. Graham Edgeler, a Wellington lawyer and commentator on matters electoral and constitutional, has likewise referenced the powers of a Commission as the source of the power the Tribunal is purporting to exercise.
It seems to me this is too simplistic. It is true that s 4(8) of the Treaty of Waitangi Act 1975 states that the provisions of Schedule 2 have effect in relation to the Tribunal and its proceedings. Schedule 2’s clause 8 does indeed provide that the Tribunal is deemed to be a Commission of Inquiry under the Commissions of Inquiry Act 1908, and it contains specific provisions empowering the chairperson or presiding officer at an inquiry to issue a witness summons.
However, this all presupposes that the Tribunal has jurisdiction to undertake the inquiry in relation to which the proposed witness is being summoned. The law is clear that a Commission of Inquiry may not go outside its terms of reference......
breakingviewsnz.blogspot.com/2024/04/gary-judd-kc-waitangi-tribunal-is-not.html
Audrey Young notes that the Tribunal is exercising powers it has as a Commission of Inquiry. Graham Edgeler, a Wellington lawyer and commentator on matters electoral and constitutional, has likewise referenced the powers of a Commission as the source of the power the Tribunal is purporting to exercise.
It seems to me this is too simplistic. It is true that s 4(8) of the Treaty of Waitangi Act 1975 states that the provisions of Schedule 2 have effect in relation to the Tribunal and its proceedings. Schedule 2’s clause 8 does indeed provide that the Tribunal is deemed to be a Commission of Inquiry under the Commissions of Inquiry Act 1908, and it contains specific provisions empowering the chairperson or presiding officer at an inquiry to issue a witness summons.
However, this all presupposes that the Tribunal has jurisdiction to undertake the inquiry in relation to which the proposed witness is being summoned. The law is clear that a Commission of Inquiry may not go outside its terms of reference......
breakingviewsnz.blogspot.com/2024/04/gary-judd-kc-waitangi-tribunal-is-not.html