The New Zealand Court of Appeal on Monday unanimously overturned a High Court ruling that blocked a summons order for Minister for Children Karen Chhour to provide evidence before the Waitangi Tribunal under section 6(1)(c) of the Treaty of Waitangi Act 1975. The court found that the tribunal has a statutory duty to inquire into claims under section 6(1) of the Treaty of Waitangi Act, which includes summoning a minister to provide relevant evidence.

The appeal arises from an urgent inquiry launched by the tribunal concerning the imminent repeal of section 7AA of the Children’s and Young People’s Well-being Act 1989, which imparts on the Chief Executive of the Ministry for Children obligations to ensure the ministry pursues policies that improve outcomes for Māori children and recognize the principles of the Treaty of Waitangi.

The court wrote that the tribunal “is a critical part of [New Zealand’s] constitutional architecture”. The court found that it was within the scope of the tribunal to issue summons to witnesses and that the tribunal possessed the powers of a commission of inquiry, pursuant to section 4D of the Commissions of Inquiry Act 1908. Additionally, the court deemed that the information sought from Chhour may be relevant and necessary to the tribunal’s inquiry. The court also stated that issues such as cabinet responsibility and legal privilege were considered.

While the court agreed with the High Court’s finding that Chhour had evidence relevant to the tribunal’s inquiry, it departed from the lower court’s view that the principle of comity, which seeks to preserve the independence of the judicial and legislative branches of government in New Zealand, necessarily limited the powers of the tribunal. The court noted that the tribunal was not “easily located within the judicial branch.”

A bill was tabled to repeal section 7AA during a parliamentary recess on Monday. This extinguished the tribunal’s jurisdiction on the issue. No orders quashing the High Court’s ruling to set aside the summons were made.

The Māori are the indigenous Polynesian people of mainland New Zealand and make up 17.3 percent of the country’s population. Previously, on February 27, New Zealand Health Minister Shane Reti said that the Māori Health Authority would be shut down by the end of June this year. This move came amid protests and legal action by the Māori indigenous population, who believe the government’s policies undermine their rights.