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New Zealand Maori Council v Attorney-General - [1996] 3 NZLR 140

$30.00

Court of Appeal Wellington
28, 30 May; 13 June 1996
Richardson P Gault, McKay, Henry, Thomas, Keith and Blanchard JJ
Administrative law — Judicial review — Interim order — Whether proposed sale by Crown of commercial radio assets owned by state-owned enterprise a breach of State-Owned Enterprises Act 1986 — Act to remove assets from State-Owned Enterprises Act coming into force on date appointed by Order in Council — Whether proposed sale in breach of Crown obligations under Treaty of Waitangi to protect Maori language — Whether interim relief preventing sale necessary to preserve position pending substantive hearing — Judicature Amendment Act 1972, s 8 — State-Owned Enterprises Act 1986, ss 9 and 11 — Radio New Zealand Act (No 2) 1995 — Treaty of Waitangi, art 2.
Administrative law — Delegated legislation — Judicial review of Order in Council bringing Act into force — Crown entering into agreement to sell commercial radio assets of state-owned enterprise — Act removing assets from provisions of State-Owned Enterprises Act 1986 to come into force on date appointed by Order in Council — Whether Order in Council amenable to judicial review.
Constitutional law — Treaty of Waitangi — Principles of Treaty — Maori language — Crown proposing to sell commercial radio assets owned by state-owned enterprise — Whether breach of treaty obligations to protect and enhance Maori language — Treaty of Waitangi, art 2.

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