High Court rules in favour of Chhour in Waitangi Tribunal subpoena case

In a significant legal development the High Court has sided with the Government in a dispute arising from the Waitangi Tribunal’s unprecedented subpoena of Children’s Minister Karen Chhour.

Last week the tribunal issued a subpoena to Chhour in anticipation of the Government’s efforts to repeal a section of the Oranga Tamariki Act.

Chhour had declined to voluntarily engage with the tribunal or address its inquiries, prompting the Government to challenge the tribunal’s actions in court. The focus of case revolved around the planned repeal of section 7aa of the Oranga Tamariki Act, a provision requiring consideration of ‘tamariki’s whakapapa and mana’ in placement decisions.

The ACT Party had campaigned on the repeal of this section.

Justice Andru Isac, in his Wednesday night ruling, set aside the tribunal’s summons.

Justice Isac clarified that the ruling did not reflect an endorsement of the minister’s stance towards the tribunal nor a criticism of the tribunal’s decision. Rather, it underscored a crucial constitutional principle applicable in this case. He affirmed the tribunal’s power to compel a serving minister to testify if deemed essential.

Regarding the resolution of the case, the judge noted the unsuitability of invoking tikanga and reserved his decision on costs.

Chhour’s office issued a statement but offered limited commentary on the decision due to a potential appeal. She highlighted the Crown’s transparency in providing evidence to the Tribunal regarding the Cabinet’s decision to prioritise child safety by repealing Section 7AA of the Oranga Tamariki Act.