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Attorney-General v New Zealand Maori Council - [1991] 2 NZLR 129

$30.00

Court of Appeal Wellington
3, 4, 5 October; 1 November 1990
Cooke P, Richardson, Casey, Bisson and Hardie Boys JJ
Administrative law — Judicial review — Interim order — Relevant considerations — Exercise of power to dispose of radio frequencies under the Radiocommunications Act 1989 without allowing Waitangi Tribunal reasonable time to carry out inquiry and to report on Maori claims for a better share of the FM frequencies — Whether Minister required to take into account possible recommendations of Tribunal — Whether Minister could lawfully dispose of the frequencies without allowing Waitangi Tribunal reasonable time to carry out inquiry — Radiocommunications Act 1989, ss 9(1), 10(2), 11, 42 and 48 — Broadcasting Act 1989, s 36.
Constitutional law — Treaty of Waitangi — Waitangi Tribunal — Allocation of FM broadcasting frequencies — Whether possible Tribunal recommendations as to Maori need for better allocation of frequencies would be relevant considerations for responsible Minister to take into account — Ministerial duty in relation to Tribunal recommendations — Treaty of Waitangi Act 1975 — Maori Language Act 1987.

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