BAKER v THE WAITANGI TRIBUNAL [2014] NZHC 1177

BAKER v THE WAITANGI TRIBUNAL [2014] NZHC 1177

Judge Reeves lacked jurisdiction to make the challenged urgency and joinder determinations because a Māori Land Court Judge is only a Tribunal member when acting as presiding officer of a properly constituted Tribunal panel under cl 5(1); consequently the delegations to her under cl 8(2) were invalid, the de facto officer doctrine did not validate her acts, and the impugned decisions are unlawful; however, only a declaration and costs were ordered given the legislative progress of the Bill.

Citation
[2014] NZHC 1177
Parties
First Applicant: Felicity Margaret Kahukore Baker; Second Applicant: Vernon Winitana; First Respondent: The Waitangi Tribunal; Second Respondent: The Attorney General; Third Respondent: Te Kotahi a Tūhoe
Court
High Court
Jurisdiction
New Zealand
Judgment Date
29 May 2014
Procedural Posture
Judicial Review / Final Judgment
Outcome
Declaration that the challenged decisions of Judge Reeves dated 28 May 2013 and 31 May 2013 were invalid for lack of jurisdiction
Legal Topics
Delegation of Decision Making, Jurisdictional Error, Urgency Applications, Tribunal Procedure, Remedies, De Facto Officer Doctrine
Treaty of Waitangi Law Administrative Law Judicial Review Statutory Interpretation Indigenous Law Delegation of Decision Making Jurisdictional Error Urgency Applications +3 more

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Legal principles 5 Authorities cited 12 Party arguments 2
Sign in to unlock

Parties

Felicity Margaret Kahukore Baker

First Applicant

Vernon Winitana

Second Applicant

The Waitangi Tribunal

First Respondent

The Attorney General

Second Respondent

Te Kotahi a Tūhoe

Third Respondent

Procedural Posture

Judicial Review / Final Judgment

Legal Issues

  1. 1 Whether a Māori Land Court Judge could validly exercise cl 8(2) powers of the Second Schedule to the Treaty of Waitangi Act 1975 absent a properly constituted Tribunal panel under cl 5(1)
  2. 2 Whether applicants were entitled to an oral hearing before decisions on joinder and urgency
  3. 3 Whether the Judge relied on irrelevant considerations or disregarded relevant ones (Crown expressions of future intention vs Crown commitments)

Ratio Decidendi

Judge Reeves lacked jurisdiction to make the challenged urgency and joinder determinations because a Māori Land Court Judge is only a Tribunal member when acting as presiding officer of a properly constituted Tribunal panel under cl 5(1); consequently the delegations to her under cl 8(2) were invalid, the de facto officer doctrine did not validate her acts, and the impugned decisions are unlawful; however, only a declaration and costs were ordered given the legislative progress of the Bill.

Court Disposition

Declaration that the challenged decisions of Judge Reeves dated 28 May 2013 and 31 May 2013 were invalid for lack of jurisdiction

Orders

  • Declaration that the decisions of Judge Reeves dated 28 May 2013 and 31 May 2013 were invalid for lack of jurisdiction
  • No further relief granted