New Zealand First MP Shane Jones is accusing the Waitangi Tribunal of over-stepping its mandate by subpoenaing a minister for its urgent hearing on the Oranga Tamariki claim.
The tribunal is looking into the proposal to scrap Section 7AA of the Oranga Tamariki Act which requires the chief executive to demonstrate a practical commitment to the principles of the Treaty of Waitangi.
In a rare move, the Waitangi Tribunal has summonsed a sitting minister to explain why she wants to repeal section 7AA of the Oranga Tamariki Act.
But Crown lawyers are objecting and have said if she is summonsed, they will seek a judicial review by the High Court to stop it.
Jones says the tribunal should focus on the effects of policy rather than the construction of policy.
“The Waitangi Tribunal has no business running its operations as some sort of star chamber delivering pre-emptory summons for ministers to rock up and be cross-examined or grilled in some kind of wannabe American star chamber pulp fiction gig,” he says.
Jones says he’s looking forward to the review of the tribunal which is part of the coalition agreement.
The plan to scrap section 7AA of the Oranga Tamariki Act 1989 is one of the coalition agreements between National and Act.
Section 7AA has served as the organisation’s main legal motivator to improve the system for Māori, narrow the gap between Māori and non-Māori children’s experiences in state care, collaborate with iwi, and ensure mana tamaiti, whakapapa, and whanaungatanga are reflected in their policies and practices.
But the Crown argued against the summons, with its lawyers saying that compelling a sitting minister to attend or provide a written statement “is against both authority and constitutional practice and principle”.
They also said they were concerned Chhour’s answers might breach Cabinet confidentiality, and said they might initiate urgent High Court judicial review proceedings in an attempt to invalidate the summons.
In February at Waitangi, Jones signalled that he would be looking at the tribunal’s scope.
“I want to be absolutely clear and honest. I don’t understand why the Waitangi Tribunal believes it has the power and authority to gainsay a newly-elected Government with an electoral mandate to change things,” Jones said.
“What gives the Waitangi Tribunal the belief that their power is greater than the voting democratic will of Kiwis?”
Peter Verschaffelt, Waatea.News.Com, Additional reporting Whakaata Māori
