Raglan decision- was ‘cursory treatment’

Press, 23 July 1980, Page 26

Raglan decision- was ‘cursory treatment’

NZPA Auckland The High Court decision to validate the lease'; of the Raglan Golf Club involved cursory treatment of Maori values, according to the convener of the Presbyterian Church’s race relations committee. • The Rev. Dr Bruce Hucker questioned the argument on which Mr Justice Bisson ruled that the playing of golf was not a desecration of sacred ground. His Honour bad said that playing golf did not constitute desecration because Maori golf tournaments had been held on the course. “This is a statement about the behaviour of particular individuals and not about the status of an urupa itself,’’ said Dr Hucker. . “It would be like arguing that the . Hall .of Memories at the AuckWar Memorial Museum was not consecrated ground simply because

some individuals did not display reverence or respect when they entered it.” Dr Hucker said the committee was also critical of the “narrow” conception of the public interest evident in the judgment. Under the Illegal Coptracts Act, he said, the court did x not have to grant relief if it considered that to do so would not be in the public interest. ?. land “No consideration i s e v ident, however, of how the Raglan question relates to the broader issues of Maori land alienation or its likely effect on Maori confidence in the legal system or on its relationship to law and order and the encouragement of civil disobedience,” said .Dr Hucker. “Mr Justice Bisson is right in his analysis of the unfortunate damaging role of the Government.

“The Crown did not even file a statement of defence to the case of the Raglan Golf Club, neither has it offered adequate relocation assistance to the chib, in the form of compensation for improvements already made on the land.” Dr Hucker said this represented a neglect- of duty' that ensured that Maori groups would bear the burden of the resolution of the dispute.