Pakeha in New Zealand would be better qualified than Pakeha in England on the final appellate court, Treaty of Waitangi Fisheries commissioner Shane Jones told a parliamentary select committee yesterday.
Mr Jones was giving evidence in a personal capacity to the committee considering the Supreme Court Bill,ending the right of appeal to the Privy Council in London.
"It might be said 'can we trust the Pakeha of New Zealand to do a better or worse job than the Pakeha of England' - which is the logical conclusion I have come to where people have said we don't have the talent in our own country to deal with these types of problems," he said.
"There really is a limited understanding among these fine legal minds as to the nature of Maori society, the dynamic changes that are rippling through our society and the stresses within Maori as we come to grips with resource transfers in the treaty settlement process."
A New Zealand supreme court would be more "proximate" to the origins of the problems.
It would have "a better sense of the ethos within our own communities as to how we deal with these problems".
Mr Jones said there was a growing interest among Maori in further defining, developing, protecting and expanding their rights.
They were becoming more litigious, and he could see this "hotting up".
"The Treaty of Waitangi litigation has deal with the language, which is the cornerstone of identity.
"It has dealt with a variety of natural resources, and I have no doubt that it is going to have to deal with the nature of Maori status within our citizenry here in New Zealand. Those issues will create a great deal of confusion, angst, anger, expectations.
"If they are to be dealt with in the court system, then in my view they ought to be dealt with here in Aotearoa by our own Supreme Court."
He supported a recommendation that a member of the proposed five-judge Supreme Court be Maori.
But if a suitably qualified Maori was not available, the court should have "someone who brings to the task an awareness, a knowledge and experience in working with Maori on resource issues, Maori issues of identity and Treaty of Waitangi issues."
He realised the notion of appointing someone on the basis of gender or ancestry was troubling.
"But I feel that all of our institutions need to reflect the people on whose behalf they were established and who they serve."
