Minister vs Tribunal

Will Minister for Children Karen Chhour appear at today’s hearing?

No.

Why does the Government want to take the tribunal to court?

It is not clear that it was the Government’s decision to legally challenge the summons, even though it was clearly unhappy that Chhour had been summonsed.

Obviously, Crown Law decisions relating to prosecutions are never run past ministers. But which other cases require government approval is less clear. Sometimes it can be better to maintain legal ambiguity and not have the law clarified.

Has the Waitangi Tribunal ever issued a summons to a government minister before?

Waitangi Tribunal director Steve Gunson says the tribunal has previously used its summonsing powers in other inquiries and he cited three, including in the Ngā Puhi mandate inquiry when summonsing former Prime Minister Jim Bolger in his capacity as a Crown negotiator.

He also pointed out that other sitting ministers have given evidence, such as Chris Hipkins during the Covid-19 Priority Inquiry. But to the best of Gunson’s knowledge, the tribunal has never summonsed a sitting government minister. Ministers have sometimes provided written statements.

Why is there an urgent inquiry?

The tribunal responds to claims that actions or omissions by the Crown breach the principles of the Treaty.

In terms of legislation, it can only hear claims about proposed laws, not bills that have been introduced already.

The Government plans to introduce a bill repealing section 7AA in mid-May.

Deputy tribunal chair Sarah Reeves granted an urgent hearing on March 26 into the Government’s intention to repeal section 7AA of the Oranga Tamariki Act 1989.

Three claimant groups are Ngā ti Pukenga and Ngā Potiki, the Māori Women’s Welfare League and Ngā ti Hine Lands Forests and Resources. The inquiry is known as Wai 3350.