Supreme Court to hear Maori Council water-rights appeal

The New Zealand Maori Council has got leave to appeal its water rights case straight to the Supreme Court for a full-court hearing on January 31 and February 1.

The Supreme Court says the single ground for appeal is whether the High Court and Justice Ron Young were right to dismiss the application for review.

Respondents, including the Attorney-General, finance minister Bill English and state services minister Tony Ryall, have been given until the end of this week to file their case on appeal.

The Maori Council and the Waikato River and Dams Claim Trust have been given until January 18 to file their written submissions on the appeal.

Justice Young released his decision last week, rejecting every part of the application.

He said he was satisfied the Crown’s commencement decision; amendment to the constitution of the Mighty River Power decision; and the sale of Mighty River shares were not reviewable.

He has also found there are no grounds to review the government’s moves to transfer all four state owed enterprises, including Mighty River Power, from an SOE to a mixed ownership model.

Mr Young said there was also no breach of the Waikato-Tainui Raupatu Claims (Waikato River) Settlement Act 2010 and the sale of shares was not a sale which required the crown to engage with Waikato-Tainui.

Maori Council co-chairman Maanu Paul had always hinted at an appeal, having earlier told NBR ONLINE the issue ought to be appealed to the Supreme Court.

bcunningham@nbr.co.nz

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Given her client background I hope that the Chief Justice was not involved in this decision and will not be there when any case gets heard by the "full bench" - otherwise we will have another judicial scandal on our hands

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Who is paying all the legals
Taxpayer for both sides ?????

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Absolutely ,the taxpayer pays both sets of legals , Donna Hall and her mates are making a packet.

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I am of Mori Ori descent and the water belonged to my ancestors before the Maori ate them. Given that we are what we eat, I effectively own the Maori and will be making a claim on all of them.

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Did you not get the flax skirts we made for you as trade for the land?

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Can someone please explain how the taxpayers are responsible for payung the legal bills. The tribes have been paid hundreds of millions and we the taxpayer are still paying the legal bills. When will this gravy train stop and how can this be justified?

Come on Key, the country is broke and you are letting this happen under your watch, stop giving people reasons to vote Labour, make some tough calls, i can assure you this one would be popular and you can smile and get alot of photos which seems to be your mandate.....

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Of course Sian Elias Chief Justice ,believes in truth justice and NZ way.She is, and has been a long time friend of Maori and Waitangi grievances.She even blocked the Police in the alleged Terrorist Plot in the Ureweras,when they attempted to introduce some evidence for the Police Prosecution.Would certainly would be a travesty of justice if she failed to RECUSE herself from Maori claims,as being heard on January 31 2013,in NZ Supreme Court.

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Like the TOW, Sian Ellias is long past her use-by-date. God help us all if she gets to chime in and perpetuate this cancer, thats sucking the life from this once proud little nation

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on the other hand if she sat and upheld the high court decision that would add strength to the judgment which Maori must acknowledge and reflect on critically. I would be a little surprised if the appellants are taxpayer funded/legally aided.

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Sian Elias loves to keep the legal buffet table fully replenished.

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