< October 2018 newsletter

Threat of judicial review of Treaty Settlement process a concern

According to the law firm Chapman Tripp, a recent Supreme Court decision will reshape expectations on central and local Government on their approach to dealing with iwi interests. The decision allows Ngāti Whātua Ōrākei to continue to argue their legal rights as mana whenua in the Tāmaki isthmus, and continues to establish the place of tikanga in the common law of New Zealand said. Nick Wells, Chapman Tripp’s Hoa Rangapū Whakarae (chief executive partner) says:

“There are three key outcomes of this decision – first, the setting of the precedent that Crown conduct in negotiating Treaty settlements is judicially reviewable. Secondly, this case paves the way for it be easier to challenge ministers’ decisions. Thirdly, the rights of iwi should be considered when central or local Government deal with them. This third outcome becomes more interesting as the place of tikanga in the law continues to develop.”

Read more from Chapman Tripp HERE.

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