Crown: Waitangi Tribunal's summons of children's minister 'coercive'

The Crown has called the summoning of the Minister for Children to the Waitangi Tribunal "coercive" and an "unlawful exercise of expression".

"This is an unorthodox and actually unprecedented event for a statutory tribunal to summons a minister to attend it," Una Jagose KC said in her opening remarks.

The High Court judicial review is underway in Wellington, with the Crown in attendance on behalf of Minister for Children Karen Chhour.

Lawyers for the Waitangi Tribunal, Māori Women's Welfare League, Ngā Pōtiki, Ngāti Hine and Waikato Tainui were also set to give arguments.

The judicial review was sought by the Crown to block the Minister's attendance at an urgent inquiry being held by the Waitangi Tribunal into the coalition Government's plan to repeal Section 7AA of the Oranga Tamariki Act.

The minister was summonsed to attend by Friday this week.

Section 7AA compels Oranga Tamariki, the Ministry for Children, to publicly report on the agency's process in improving outcomes for Māori children in state care.

The Crown said all relevant material has been provided by the Crown and it's not constructive for the minister to attend.

"The Tribunal is asking for the minister to fill gaps that can't be filled," Jagose said.

She said while ministers have given evidence before the Tribunal previously, this has never been done because a summons was ordered.

"Our challenge, our issue is with the coercive aspect of the summons – not with the minister's attendance on its own," the Crown lawyer said. She said a summons required a very high threshold, arguing this hasn't been met in this case.

Jagose acknowledged the Tribunal has wide powers, but said all statutory powers have limits.

The Waitangi Tribunal's summons asked for the minister to provide a range of evidence, including what problem the proposed repeal addresses, if the minister has taken legal advice on the proposed repeal and if the Crown has consulted with Māori – and if not, whether it intends to.

Oranga Tamariki's official advice to the minister has previously suggested Section 7AA is making a positive difference.

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