19 May 2011
HARONGA v WAITANGI TRIBUNAL AND ORS SC 54/2010
- Citation
- HARONGA v WAITANGI TRIBUNAL AND ORS SC 54/2010
- Court
- Supreme Court
Where the Waitangi Tribunal has found a claim relating to licensed Crown forest land to be well-founded it remains obliged to complete its inquiry by determining whether its remedial recommendation under s 6(3) should include return of the land under s 8HB(1)(a); the Tribunal cannot defer or decline in a manner that effectively defeats the claimant's statutory right to have resumption determined where deferral would cause significant and irreversible prejudice (as by overtaking the claim by settlement legislation); on the facts the urgent hearing should have been granted and the matter is rem…