Court of Appeal Wellington
19, 20, 21 October; 3 November 1992
Cooke P, Richardson and Gault JJ
19, 20, 21 October; 3 November 1992
Cooke P, Richardson and Gault JJ
Courts — Jurisdiction — Parliament — Deed between Crown and Maori settling Maori fishing claims under Treaty of Waitangi — Provision for Minister to introduce legislation giving effect to deed — Whether such clause had legal validity — Whether Court could interfere so as to prevent Minister from introducing legislation — Requirements of public policy.
Fishing and fisheries — Maori fishing rights under Treaty of Waitangi — Deed between Crown and negotiators for some iwi and interested fishing groups — Deed purporting to settle Maori fishing claims — Crown agreeing to assist financially in purchase of shares in fishing company — Whether settlement of Treaty rights could be achieved by assisting with investment — Whether deed could permanently settle Maori fishing rights under treaty — Fisheries Act 1983, s 88(2) - Maori Fisheries Act 1989.
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