Māori lawyers have urgently contacted the Prime Minister to express their concerns about recent statements made by Shane Jones regarding the Waitangi Tribunal, which they believe are out of bounds.
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The Tribunal is actively investigating the government’s decision to eliminate Section 7AA of the Oranga Tamariki Act. In an unusual step, the Tribunal has issued a summons for Children’s Minister Karen Chhour to testify.
Shane Jones had criticized the Tribunal’s actions, stating, “The Waitangi Tribunal has no business running its operations as some sort of star chamber delivering summons for ministers to rock up and be cross-examined or grilled.”
Jones also mentioned his anticipation of reviewing the Tribunal’s powers as outlined in the coalition agreement.
The Māori Law Society’s letter to Prime Minister Christopher Luxon argued that Jones’ remarks were “inappropriate” and “unconstitutional,” violating the principles outlined in the Cabinet Manual. According to the manual, ministers should refrain from commenting on ongoing judicial matters or on the performance of the courts.
The letter highlighted that Jones’ comments directly challenge the integrity of the Waitangi Tribunal, an independent legislative Commission of Inquiry overseen by a judge, which functions similarly to a court.
The Māori Law Society warned that his statements, combined with hints of an executive review, could negatively influence future Tribunal decisions and potentially violate the separation of powers.
Crown lawyers are currently contesting the Tribunal’s summons of Minister Chhour in the High Court, the Māori Law Society noted that Jones’ comments could undermine this legal challenge.
They emphasized that it is the High Court’s role to determine if the Tribunal has exceeded its authority with the summons. They argued that ministerial commentary on judicial matters currently under legal review constitutes an unconstitutional abuse of power, undermining the integrity of the legal system.
