Mercury NZ Ltd v The Waitangi Tribunal - [2021] 2 NZLR 142

Judicial review — Preliminary decision reflecting key finding capable of review

Judicial review — Landowner not entitled to be heard — Express Intention of parliament overrides natural justice rights — “Entitled” interpretation — Not ambiguous — Who can and cannot participate — Treaty of Waitangi Act 1975 s 8C.

Judicial review — Standard of review — Matter of construction of the statute — No variable intensity.

Tikanga — Tikanga as law — Waitangi Tribunal no discretion to override tikanga or Treaty principles — Decision to order resumption of law in breach invalid — Lack of mana whenua by claimant not fatal to resumption claim — Mana whenua by another Iwi likely fatal — Waitangi Tribunal Act 1975 Act ss 8A and 8HB.

Treaty of Waitangi — Powers of Waitangi Tribunal Resumption of Land — “Relates to” — Natural meaning and purpose — Waitangi Tribunal Act 1975 Act ss 8A and 8HB.

Powers of Waitangi Tribunal Resumption of Land — Tikanga as law — Waitangi Tribunal no discretion to override tikanga or Treaty principles — Lack of mana whenua by claimant not fatal to resumption claim — Mana whenua by another Iwi likely fatal — Resumption not available where no well-founded claim about the land to be returned — Treaty of Waitangi Act 1975.

Treaty of Waitangi — Interest on Compensation — Claim specific considerations — Tribunal processes not settlement processes — Crown Forest Assets Act 1999 s 36.