12 Feb 2019
RAUKAWA SETTLEMENT TRUST v THE WAITANGI TRIBUNAL [2019] NZHC 383
- Citation
- [2019] 3 NZLR 722
- Court
- High Court
The Tribunal misinterpreted s 17 of the Raukawa Claims Settlement Act 2014 by construing “for the benefit of Raukawa” to bar Raukawa from asserting a qualifying interest and being heard under s 8C of the Treaty of Waitangi Act 1975. Section 17 disapplies specified resumption mechanisms as to settled properties and prevents Raukawa invoking those mechanisms to obtain resumption or compensation, but it does not, by clear and unambiguous language, extinguish the right to participate and be heard on questions affecting mana whenua, customary rights and tikanga. The Tribunal's decision of 17 Octob…