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Wracist Judge From The South??

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High Court overturns Waitangi Tribunal summons to Minister for Children Karen Chhour

The High Court has overturned a summons by the Waitangi Tribunal to Minister for Children Karen Chhour.

The minister was due to give evidence at the tribunal on Friday regarding the government’s plans to repeal section 7AA of the Oranga Tamariki Act – but that will no longer go ahead.

In his decision Justice Andru Isac said the mana of the tribunal or the importance of its work was not diminished by the decision.

Crown Law said Chhour planned to introduce the repeal bill to Parliament in mid-May, at which point the tribunal would no longer have jurisdiction to consider the Bill.

Section 7AA legally binds Oranga Tamariki to improve outcomes for tamariki Māori and demonstrate adherence to Treaty principles.

Crown lawyers filed papers with the High Court late last week in a bid to block the order and the hearing kicked off on Monday at 10am.

The Crown claimed the Tribunal had acted in an unlawful and coercive manner, despite having the authority to summons the minister.

It also described the summons as “unorthodox and unprecedented”, and Oranga Tamariki officials had already provided enough evidence to the Tribunal.

Lawyers representing Tribunal claimants told the court the minister had consistently refused to provide evidence in person or via affidavit.

They also pointed out that no public consultation on the planned repeal had been conducted and the reasoning behind the planned repeal was based on anecdotal information.

Evidence submitted to the Tribunal included a draft Cabinet paper and advice provided to the minister by Oranga Tamariki.

The minister was advised the repeal would draw strong reaction from Māori and there was no robust evidence to prove section 7AA had directly caused the safety and wellbeing of tamariki in state care to be compromised.

Read some comments on X from natives saying it’s a racist decision, because the judge is from the South Island

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6 COMMENTS

  1. I read the full decision this morning and the use of the term ‘comity’ is effective in sitting on the fence decision.

    The Judge seems to say the (racist) tribunal can summons whoever they like (which to me means they need to have their wings clipped) and act as though they are equal with Parliament who should be the highest court in the land.
    If this decision clarifies the need that this body needs to be done away with, then good.
    I suspect they have the right to appeal so they may well have another go at saying ‘hey we run this country ‘ and we are going to prove it.
    The sooner National wake up and realise their ‘mana’ (Nationals) has been usurped long ago , the better for the country.
    Don’t hold your breath.

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  2. From X

    Appalling decision from High Court Justice Andru Isac. In essence it allows the government to continue its sustained attack on Māori human rights without evidence. Not surprising that Justice Isac hails from the deep south.
    Dr Rawiri Taonui
    @RawiriTaonui
    Papa of 4, koro of 2, retired professor, independent writer, indigenous & human rights, chess, mōteatea, symphony, opera, weightlifting, boxing & rugby

    10

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  3. Predictably the Left are portraying the removal of Section 7AA as heralding the semi automatic uplift of “at risk” babies from their dropkick, drug addled parents. Totally ignored are the effects of the current legislation mandating the removal of well settled Maori foster children from their new “forever” homes.

    The children will lose if ideology is to be the winner.

    9

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