Procedure in the Waitangi Tribunal after Haronga

Abstract

The New Zealand Supreme Court’s 2011 decision in Haronga v Waitangi Tribunal [2011] NZSC 53 overturned the Waitangi Tribunal’s decision to not grant an urgent hearing sought by Alan Haronga (on behalf of the shareholders of the Mangatū Incorporation) to address remedies for Treaty breaches in relation to the Mangatū Forest. The decision had potentially significant implications for Waitangi Tribunal procedure, particularly the way that the Tribunal decides applications for urgent hearings. This article considers how the Waitangi Tribunal has applied Haronga.

Keywords: Waitangi Tribunal, Urgent Hearing, Adjunctory Jurisdiction, Right To Be Heard

JEL Classification: K39, K40