17 Sept 2018
NGĀTI WHĀTUA ŌRĀKEI TRUST v ATTORNEY_x001e_GENERAL [2018] NZSC 84
- Citation
- [2018] NZSC 84
- Court
- Supreme Court
Majority held the claim is largely justiciable and reinstated the proceeding except insofar as specific declaratory relief sought was a direct challenge to the particular decisions whose implementation depends exclusively on proposed legislation (paragraphs (e) and (f)); courts may determine and declare existing customary and Treaty-derived rights and may review statutory administrative decisions (eg under s 120) provided the relief sought does not improperly interfere with parliamentary proceedings; the matter is remitted to the High Court for hearing on those surviving claims.