Post by Kiwi Frontline on Sept 20, 2018 17:26:36 GMT 12
LANDMARK CASE WILL RESHAPE DEALINGS WITH IWI INTERESTS
Monday’s Supreme Court decision will reshape expectations on central Government, local Government and the Waitangi Tribunal on their approach to dealing with iwi interests, Chapman Tripp says.
The decision allows Ngāti Whātua Ōrākei to continue to argue their legal rights as mana whenua in the Tāmaki isthmus and continues to establish the place of tikanga in the common law of New Zealand, Chapman Tripp’s Hoa Rangapū Whakarae (chief executive partner) Nick Wells said.
“There are three key outcomes of this decision – first, the setting of the precedent that Crown conduct in negotiating Treaty settlements is judicially reviewable. Secondly, this case paves the way for it be easier to challenge ministers’ decisions. Thirdly, the rights of iwi should be considered when central or local Government deal with them. This third outcome becomes more interesting as the place of tikanga in the law continues to develop.”.....
www.scoop.co.nz/stories/BU1809/S00530/landmark-case-will-reshape-dealings-with-iwi-interests.htm
Monday’s Supreme Court decision will reshape expectations on central Government, local Government and the Waitangi Tribunal on their approach to dealing with iwi interests, Chapman Tripp says.
The decision allows Ngāti Whātua Ōrākei to continue to argue their legal rights as mana whenua in the Tāmaki isthmus and continues to establish the place of tikanga in the common law of New Zealand, Chapman Tripp’s Hoa Rangapū Whakarae (chief executive partner) Nick Wells said.
“There are three key outcomes of this decision – first, the setting of the precedent that Crown conduct in negotiating Treaty settlements is judicially reviewable. Secondly, this case paves the way for it be easier to challenge ministers’ decisions. Thirdly, the rights of iwi should be considered when central or local Government deal with them. This third outcome becomes more interesting as the place of tikanga in the law continues to develop.”.....
www.scoop.co.nz/stories/BU1809/S00530/landmark-case-will-reshape-dealings-with-iwi-interests.htm