Children's Minister won't have to appear at Waitangi Tribunal

The High Court has overturned a summons order for Children's Minister Karen Chhour to attend the Waitangi Tribunal.

Justice Andru Isac said: "The mana of the Tribunal and the importance of its work is not diminished by this decision."

The summons was for the minister to appear by midday Friday.

In a statement following the decision, Chhour said she welcomed the decision.

It read: "Minister Chhour acknowledges today's decision from the High Court regarding the Waitangi Tribunal's summons for her to appear.

"The parties have rights of appeal. The minister is therefore limited in what further comment she can make at this time.

"The minister believes the Crown has been very open in providing a considerable amount of evidence to the Tribunal, within its urgent timeframes, about the Cabinet decision to repeal Section 7AA of the Oranga Tamariki Act 1989, to prioritise the safety of children.

"The decision of a tribunal or court to summons a Minister is extremely rare.

"The minister welcomes this important decision, not for her own sake, but for the constitutional clarity it provides for New Zealand."

It comes after a judicial review was held on Monday with the Crown attempting to block the minister's attendance at an urgent inquiry.

The Tribunal is hearing a legal challenge to the coalition Government's plan to repeal Section 7AA of the Oranga Tamariki Act.

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.

As a commission of inquiry, the Tribunal has legal power to summon witnesses.

The 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.

It's the first time a sitting minister has been summoned to appear.

Solicitor-General Una Jagose KC earlier called the summoning "coercive" and an "unlawful exercise of expression" in the judicial review.

Jagose KC said information had been provided and the minister was being asked to "fill gaps that can't be filled".

Lawyers for the Waitangi Tribunal, Māori Women's Welfare League, Ngāti Pikiao, Ngāti Hine and Waikato Tainui responded in the judicial review.

Matthew Smith, lawyer for Ngāti Pikiao, said the Tribunal had tried to maintain respectful relations. The minister was first asked for voluntary evidence.

"'Til eleven days ago we had a nice workable state of constitutional balance and mutual respect and restraint.

"That state of equilibrium has been shattered by the conduct of this minister, necessitating the tribunal to the tool of a summons," he said.

He argued speaking to Chhour is important because she wrote the Cabinet paper seeking approval for the repeal and needs to answer questions on why it's required.

Smith said he wanted to find out why there was an attempt to set out a policy case that conflicted with official advice.

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