29 May 2014
BAKER v THE WAITANGI TRIBUNAL [2014] NZHC 1177
- Citation
- [2014] NZHC 1177
- Court
- High Court
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.