Court seeks system for land claims

Press, 23 April 1987, Page 6

Court seeks system for land claims

PA Wellington The Court of Appeal says it wants to Know if the Crown has established any system to consider claims of breach of the principles of the Treaty of Waitangi in relation to an asset passing to a Stateowned enterprise.

The Court ordered on April 1 that New Zealand lands and a range of other assets not be transferred to the new Government corporations until the Court held a hearing on the matter. The Court’s actions were the result of a request by the Maori Council to stop the transfer of disputed lands to the new State-owned enterprises.

The Maori Council is the first applicant and Sir Graham Latimer, its chairman, the second applicant

The Attorney-General, Mr Palmer, is first respondent. Second respondents are the Min-

ister of Finance, Mr Douglas, Minister of Energy, Mr Tizard, and Minister of Lands and Forests, Mr Wetere. The Governor-General, Sir Paul Reeves, is third respondent The Court comprises Mr Justice Cooke (president), Mr Justice Richardson, Mr Justice Somers, Mr Justice Casey, and Mr Justice Bisson.

The Court, at a judicial conference, determined in order to enable the hearing of the case to begin on May 4 that:

• The available schedules of lands to be transferred to Stateowned enterprises under the State-Owned Enterprises Act 1986, be made available by the respondents to the applicants. • On or before April 27, the applicants give notice to the respondents of three examples of parcels of land selected by the applicants to illustrate

their contention that transfers of lands will be inconsistent with the principles of the Treaty ■of Waitangi and section nine of the 1986 act, together with reasonable particulars specifying how, in the contention of the applicant, the principles will be contravened by transfers. • On or before April 29 the respondents file their statements of defence. • The AttorneyGeneral and the other respondent ministers answer the following question by way of interrogatory: Did the Crown establish any, and if so what, system to, consider in relation to each asset passing to a State-owned enterprise whether any claim by Maori claimants of breach of the principle of the Treaty of Waitangi existed?