Wairarapa Moana Ki Pouākani Inc v Mercury NZ Ltd - [2022] 1 NZLR 767

Bill of Rights Act — Right to be heard — Whether presumption of right displaced — Entity whose land subject to resumption regime — Statute preventing affected entity from being heard — Role of statutory history in interpretation — Treaty of Waitangi Act 1975 ss 8A and 8C.

Māori and Māori land — Waitangi Tribunal — Procedure — Delays — Whether Crown had used best endeavours to progress claims — Whether Crown’s general policies and funding of Tribunal breach of “best endeavours” requirement — Whether Crown’s interest-free period to be extended — Crown Forest Assets Act 1989 sch 1, cl 6.

Māori and Māori land — Waitangi Tribunal — Resumption regime — Whether available only to holders of mana whenua to remedy Treaty breaches in respect of land in question — “Return to Māori ownership” — “Relates to” — Treaty of Waitangi Act 1975 ss 8A and 8C.

Tikanga Māori — Mana whenua — Rights to land subject to resumption regime — Whether groups that are not mana whenua can claim resumption — Tikanga as a principle-based system subject to context — Rigid approach to priority of mana whenua not appropriate — Treaty of Waitangi Act 1975 ss 8A and 8C.