7 Aug 2023
WAIRARAPA MOANA KI POUĀKANI INC v ATTORNEY-GENERAL [2023] NZHC 2086
- Citation
- [2023] NZHC 2086
- Court
- High Court
Parliament did not definitively oust the High Court's jurisdiction to make declarations of inconsistency by s15(4); however, the Court should decline to exercise that jurisdiction in this case because adjudication would necessarily re-open, evaluate and effectively re-litigate a final Treaty settlement, entail complex social and political judgments inappropriate for judicial determination, and contravene Parliament's evident intent to achieve finality for the settlement.