22 May 2015
HARONGA v THE WAITANGI TRIBUNAL [2015] NZHC 1115
- Citation
- [2015] NZHC 1115
- Court
- High Court
The Tribunal misconstrued the binding resumption regime by deferring substantive s 8HB decisions to Crown settlement negotiations and by treating binding resumption as a 'last resort'; once claims were found well-founded and the Tribunal concluded redress should include return, the Tribunal was required to address resumption (including terms, conditions and recipients) rather than decline or adjourn on the basis of Crown settlement policy; the Tribunal's deference to irrelevant considerations amounted to legal error, so the Mangatū Remedies Report was quashed and remitted for reconsideration…