Legal bid to summons children’s minister continues

A late-evening High Court judgment overturned the Waitangi Tribunal’s subpoena to Children’s Minister Karen Chhour, but that didn’t spell an end to the remarkable rift between the courts and executive.

Annette Sykes, a high-profile Treaty rights activist and lawyer, has confirmed she will be appealing the High Court’s Wednesday night ruling. But time is ticking for the tribunal, as Crown Law has indicated Chhour plans to introduce her bill to repeal Section 7AA of the Oranga Tamariki Act mid-May. Once Parliament has the bill, the tribunal must cease investigating.

The issue concerns Māori children whom Oranga Tamariki take into state care. Section 7AA imposes Treaty obligations onto the ministry, which in practice compels it to ensure Māori kids in its care remain connected to their whakapapa.

The Government’s plan to remove that obligation has caused concern among iwi, who launched an urgent inquiry at the tribunal and on Monday argued in the High Court Chhour should be compelled to explain herself. The tribunal will deliver is findings regardless of whether it can hear Chhour’s explanation for her bill. That is a core reason why High Court Judge Andru Isac overturned the tribunal’s summons, as said it could proceed effectively without her. However, he said the tribunal was entitled to expect a response from the minister.

“The tribunal cannot be criticised for resorting to a summons in these circumstances, given its repeated and measured requests for the minister’s response. As a member of the executive Government, she might be expected to demonstrate the same respect,” he said.