Vinay Karanam Photo Courtesy: ACT Party Web Resource
The High Court has intervened to quash a summons issued by the Waitangi Tribunal to Minister for Children Karen Chhour. The summons, originally intended for Chhour to testify regarding the government’s proposed repeal of section 7AA of the Oranga Tamariki Act, has been nullified by the court ruling.
Justice Andru Isac, in delivering the court’s decision, emphasized that the significance of the tribunal’s work remains undiminished despite the overturning of the summons. This ruling comes as Crown Law argued that Chhour intends to present the repeal bill to Parliament in mid-May, rendering the tribunal’s consideration of the matter moot.
Section 7AA of the Oranga Tamariki Act mandates Oranga Tamariki to prioritize the welfare of tamariki Māori and uphold Treaty principles. Crown lawyers, in their legal challenge, contended that the Tribunal’s summons was both irregular and unprecedented, alleging that Oranga Tamariki had already furnished sufficient evidence to the Tribunal.
During the court proceedings, lawyers representing Tribunal claimants highlighted Chhour’s consistent refusal to provide testimony, either in person or via affidavit. They also underscored the absence of public consultation on the proposed repeal and criticized the lack of substantive evidence supporting the decision.
The evidence presented to the Tribunal included a draft Cabinet paper and advisory materials provided to Chhour by Oranga Tamariki. Notably, these documents cautioned against the potential backlash from Māori communities and questioned the efficacy of section 7AA in ensuring the safety and wellbeing of tamariki in state care.
