Ngāti Whātua Ōrākei Trust v Attorney-General - [2017] 3 NZLR 516

Judicial review — Treaty of Waitangi — Declaratory relief — Strike out application — Decisions by Minister for Treaty of Waitangi Negotiations — Settlement of Treaty claims — Whether decisions reviewable — Whether plaintiff’s rights over land proposed for settlement superior — Plaintiff not consulted in decision-making — Whether decisions by Minister involved political considerations or related solely to legality and rights of plaintiff — Principles of comity — Settlement conditional on passing of legislation — Passive or normative declarations — United Nations Declaration on the Rights of Indigenous Peoples, arts 2 19, 37.

Constitutional law — Treaty of Waitangi — Whether decisions by Minister in negotiating settlement claims involved political considerations — Principles of comity — Settlement conditional on passing of legislation.

Māori and Māori land — Treaty of Waitangi — Treaty settlements — Whether plaintiff having superior rights over land proposed for settlement — Whether decision making of Minister in settling claims susceptible to judicial review.