Court overturns Waitangi Tribunal summons for minister

Minister for Children Karen Chhour. Photo: RNZ
Minister for Children Karen Chhour. Photo: RNZ
The High Court has overturned a summons by the Waitangi Tribunal to the Minister for Children, Karen Chhour.

The minister was due to give evidence at the tribunal on Friday regarding the government's plans to repeal section 7AA of the Oranga Tamariki Act - but that will no longer go ahead.

In his decision, Justice Andru Isac said the mana of the tribunal or the importance of its work was not diminished by the decision.

Crown Law said Chhour planned to introduce the repeal bill to Parliament in mid-May, at which point the tribunal would no longer have jurisdiction to consider the Bill.

Section 7AA legally binds Oranga Tamariki to improve outcomes for tamariki Māori and demonstrate adherence to Treaty principles.

Crown lawyers filed papers with the High Court late last week in a bid to block the order and the hearing began on Monday at 10am.

The Crown claimed the Tribunal had acted in an unlawful and coercive manner, despite having the authority to summons the minister.

It also described the summons as "unorthodox and unprecedented", and Oranga Tamariki officials had already provided enough evidence to the Tribunal.

Lawyers representing Tribunal claimants told the court the minister had consistently refused to provide evidence in person or via affidavit.

They also pointed out that no public consultation on the planned repeal had been conducted and the reasoning behind the planned repeal was based on anecdotal information.

Evidence submitted to the Tribunal included a draft Cabinet paper and advice provided to the minister by Oranga Tamariki.

The minister was advised the repeal would draw strong reaction from Māori and there was no robust evidence to prove section 7AA had directly caused the safety and wellbeing of tamariki in state care to be compromised.

Minister's statement 

Karen Chhour tonight acknowledged the High Court's decision.

"As the parties have rights of appeal, the Minister is therefore limited in what further comment she can make at this time," a statement from her office said.

"The Minister believes the Crown has been very open in providing a considerable amount of evidence to the Tribunal, within its urgent timeframes, about the Cabinet decision to repeal Section 7AA of the Oranga Tamariki Act 1989, to prioritise the safety of children. 

"The decision of a tribunal or court to summons a Minister is extremely rare.  

"The Minister welcomes this important decision, not for her own sake, but for the constitutional clarity it provides for New Zealand."

- additional reporting ODT Online