Ngāti Whātua Ōrākei Trust v Attorney-General - [2018] 2 NZLR 648

Constitutional law — Treaty of Waitangi — Whether decisions by Minister in negotiating settlement claims involved political considerations — Principle of comity — Settlement conditional on passing of legislation — Principle of non-interference by courts in parliamentary proceedings — Proper time to challenge an Act — Treaty of Waitangi Act 1975.

Judicial review — Declaratory relief — Treaty of Waitangi negotiations — Proposal to transfer land between parties conditional on passing of new legislation — Strike-out application — Whether High Court could dispute factual matters in claim — Whether factual matters relevant when assessing claim — Availability of declaratory judgments — Whether claim justiciable — Principle of non-interference by courts in parliamentary proceedings — Proper time to challenge an Act — Treaty of Waitangi Act 1975.