30 Mar 2021
MERCURY NZ LIMITED AND OTHERS v THE WAITANGI TRIBUNAL AND OTHERS [2021] NZHC 654
- Citation
- [2021] 2 NZLR 142
- Court
- High Court
Court held judicial review of the Tribunal's preliminary determination was available; s 8C validly precludes state enterprises and successors from an entitlement to be heard; ss 8A and 8HB must be interpreted so a well‑founded claim must relate to the particular land sought to be returned (contemplating Crown acquisition in breach of Treaty) and do not create a general 'land‑in‑lieu' jurisdiction; the Tribunal has no statutory discretion to make orders inconsistent with tikanga or that create fresh breaches of Treaty principles (notably mana whenua); Tribunal erred in its legal approach to in…