27 Feb 2013
THE NEW ZEALAND MAORI COUNCIL v THE ATTORNEY-GENERAL SC 98/2012
- Citation
- THE NEW ZEALAND MAORI COUNCIL v THE ATTORNEY-GENERAL SC 98/2012
- Court
- Supreme Court
Section 45Q of the Public Finance Act, enacted in identical terms to s9 of the SOE Act, renders Crown actions under the mixed ownership regime (including the sale of shares) reviewable for consistency with Treaty principles; applying the material-impairment test, the Court concluded the proposed sale of up to 49% of Mighty River Power would not materially impair the Crown's ability to provide reasonable, Treaty-compliant redress, and the appeal was dismissed.