Appeal Court overturns ruling on summons to minister
A group of iwi representatives have been successful in their appeal to challenge a High Court decision setting aside a summons to the Children’s Minister to appear in front of the Waitangi Tribunal.
In a decision released yesterday, the Court of Appeal has overruled the High Court, which had earlier ruled that the minister, Karen Chhour, did not have to give evidence before the tribunal.
Yesterday’s decision is the latest development in the legal battle over whether the tribunal was able to summons the minister before its hearing into plans to remove Oranga Tamariki’s treaty obligations — which were part of the Act Party’s coalition deal with National.
In an unprecedented request last month, the tribunal issued a summons for Chhour to give evidence and answer questions before an urgent inquiry about the Government’s decision to repeal section 7AA of the Oranga Tamariki Act.
That section requires the agency to consider its Treaty obligations by ensuring it takes into account the whakapapa of Māori children and reduces disparities for tamariki Mā ori (Māori children).
However, Crown lawyers successfully challenged the summons in the High Court. The High Court found Chhour could not be compelled to appear before the tribunal, with Justice Andru Isac granting the Crown’s application for a judicial review.
In his ruling, Justice Isac noted the mana of the tribunal and the importance of its work was not diminished by his decision.
An appeal was immediately lodged, which has now been successful.
The report following the tribunal’s Oranga Tamariki (Section 7AA) Urgent Inquiry was released last week. It found the proposed repeal would cause harm to vulnerable children and that there were clear breaches of the Treaty of Waitangi.
The tribunal said there were clear breaches of the guarantee to Māori of self-determination and the Treaty principles of partnership and active protection.
It also found prejudice would arise from the rushed and arbitrary repeal of the section of the act.
Chhour had said the repeal of 7AA “has no effect on the need for Oranga Tamariki to keep children in state care safe”.
“The repeal of section 7AA does not prevent the consideration of the cultural wellbeing of children in state care, and existing partnerships between Oranga Tamariki and iwi and Māori organisations will continue.”