2 Jul 2007
NEW ZEALAND MAORI COUNCIL AND ORS V ATTORNEY-GENERAL AND ORS CA CA241/07
- Citation
- openlaw-5b3b93fc_c7eb_4ec8_8d7f_87987b0c09ce.pdf
- Court
- Court of Appeal
The Settlement Deed merely obliges the Crown to introduce legislation; courts will not grant declarations that would pre-empt or impede Parliament or intervene in executive acts preparatory to legislation; any incompatibility with the 1989 Act would be lawful if sanctioned by Parliament; Treaty duties inform statutory interpretation but do not create enforceable private law fiduciary obligations against the Crown, therefore the declarations sought were refused and the appeal dismissed.