22 Feb 2011
KOIA v THE WAITANGI TRIBUNAL HC WN CIV-2010-485-1519
- Citation
- openlaw-207ad720_4f29_4b8b_afa2_7ed03d508fe1.pdf
- Court
- High Court
The Court held that the Tribunal's recommendations in WAI 2190 directed at the Ngāti Porou settlement (paras 65–66 of the Report) were ultra vires because they were made without any finding that the claims were well-founded under s6(3) of the Treaty of Waitangi Act 1975; all other challenges to the WAI 2190 report and the procedural decisions in WAI 2268 (delegation, management of reply, refusal to appoint assisting counsel, and application of recusal test) failed and were lawful; remedy limited to a declaratory judgment that the specified recommendations were without jurisdiction and no furt…