Post by Kiwi Frontline on Aug 17, 2024 5:12:10 GMT 12
HIGH COURT REJECTS IWI’S REQUEST TO INTERVENE IN GOVERNMENT CHANGES TO CUSTOMARY RIGHTS
An iwi has failed to convince the High Court to intervene in the government’s controversial plans to change the law around customary rights to the foreshore and seabed.
In a just-released decision, Justice David Boldt said Ngāti Whātua was wrong to assert treaty negotiations minister Paul Goldsmith has a duty to consult with them before drafting legislation.
In his decision, Justice Boldt declined the iwi’s request for a declaration and said the court had no role in supervising the drafting of legislation.
He went on to say the iwi was wrong to say the minister was under any obligation to consult before introducing the legislation. And while he acknowledged the three-week timeframe was tight, “it is better than nothing”.
He also found Chen’s argument that the minister must keep an open mind was “especially inept in the legislative process”.....
NOTE: The NZ Herald link is faulty - so Google the headline to read the full article
FISHERIES CASES REIGNITING SETTLED GRIEVANCE
New Zealand First minister Shane Jones says the Marine and Coastal Areas Act is setting iwi and hapū on a path of perpetual grievance.
The Government intends to introduce legislation tightening the definition of customary marine title after judgments form the High Court and Court of Appeal which is says widens the definition.
Mr Jones says the Takutai Moana legislation came out of a negotiation between the Maori Party and the National Party under John Key and Christopher Finlayson, and the amendment is about restoring the law to what was intended in 2011.
He says a lot of the concerns hapu and iwi have were addressed by the Maori fisheries settlements......
waateanews.com/2024/08/16/fisheires-cases-reigniting-settled-grievance/
An iwi has failed to convince the High Court to intervene in the government’s controversial plans to change the law around customary rights to the foreshore and seabed.
In a just-released decision, Justice David Boldt said Ngāti Whātua was wrong to assert treaty negotiations minister Paul Goldsmith has a duty to consult with them before drafting legislation.
In his decision, Justice Boldt declined the iwi’s request for a declaration and said the court had no role in supervising the drafting of legislation.
He went on to say the iwi was wrong to say the minister was under any obligation to consult before introducing the legislation. And while he acknowledged the three-week timeframe was tight, “it is better than nothing”.
He also found Chen’s argument that the minister must keep an open mind was “especially inept in the legislative process”.....
NOTE: The NZ Herald link is faulty - so Google the headline to read the full article
FISHERIES CASES REIGNITING SETTLED GRIEVANCE
New Zealand First minister Shane Jones says the Marine and Coastal Areas Act is setting iwi and hapū on a path of perpetual grievance.
The Government intends to introduce legislation tightening the definition of customary marine title after judgments form the High Court and Court of Appeal which is says widens the definition.
Mr Jones says the Takutai Moana legislation came out of a negotiation between the Maori Party and the National Party under John Key and Christopher Finlayson, and the amendment is about restoring the law to what was intended in 2011.
He says a lot of the concerns hapu and iwi have were addressed by the Maori fisheries settlements......
waateanews.com/2024/08/16/fisheires-cases-reigniting-settled-grievance/