9 Mar 2017
NGĀTI WHĀTUA ŌRĀKEI TRUST v ATTORNEY-GENERAL [2017] NZHC 389
- Citation
- [2017] 3 NZLR 516
- Court
- High Court
The plaintiff's claim was struck out because each challenged Ministerial decision was a preliminary, political and fiscal decision closely tied to the formulation and proposal of settlement legislation; such preparatory executive acts are non-justiciable under the comity/non-interference principle and lack a satisfactory legal yardstick for review, the preliminary Ngāti Paoa decision was superseded and of no effect, and Ngāti Whātua's exclusive mana whenua claim was inconsistent with its prior agreements and participation in the Collective settlements which altered the RFR regime.