High Court reserves decision on Waitangi Tribunal summons to Minister for Children Karen Chhour

A judicial review into a Waitangi Tribunal summons issued to the Minister for Children has concluded at the High Court in Wellington.

Lawyers representing the Crown and Waitangi Tribunal claimants presented arguments for and against a tribunal summons ordering Minister Karen Chhour to provide evidence at its urgent inquiry into the repeal of Section 7AA of the Oranga Tamariki Act.

Section 7AA legally binds Oranga Tamariki to improve outcomes for tamariki Māori and demonstrate adherence to Treaty principles.

Crown lawyers filed papers with the High Court late last week in a bid to block the order and the hearing kicked off on Monday at 10am.

The Crown claimed the Tribunal had acted in an unlawful and coercive manner, despite having the authority to summons the minister.

It also described the summons as “unorthodox and unprecedented “, and Oranga Tamariki officials had already provided enough evidence to the Tribunal.

Lawyers representing Tribunal claimants told the court the minister had consistently refused to provide evidence in person or via affidavit.

They also pointed out that no public consultation on the planned repeal had been conducted and the reasoning behind the planned repeal was based on anecdotal information.

Evidence submitted to the Tribunal included a draft Cabinet paper and advice provided to the minister by Oranga Tamariki.

The minister was advised the repeal would draw strong reaction from Māori and there was no robust evidence to prove section 7AA had directly caused the safety and wellbeing of tamariki in state care to be compromised.

The High Court judge has reserved a decision until Wednesday afternoon.