4 May 2007
NEW ZEALAND MAORI COUNCIL AND ORS V ATTORNEY-GENERAL AND ORS HC WN CIV-2007-485-000095
- Citation
- openlaw-87c388d0_276c_4183_8ebd_f89737627d0b.pdf
- Court
- High Court
The High Court refused the plaintiffs' declarations because it would be impermissible for the Court to restrain or pre-empt the parliamentary legislative process; however the Court affirmed that the Crown owes fiduciary duties to Maori and that if the Crown were to secure accumulated rental benefits for itself at the expense of competing Maori claimants other than by Waitangi Tribunal recommendation or the claimants' informed consent, that would be inconsistent with its fiduciary duties. Claims against the Trustees were dismissed because they must and will act according to the Trust Deed or a…