Crown plan to remove Māori Land Court PSGE jurisdiction slammed as ‘denial of justice’

The Crown’s plan to strip the Māori Land Court of jurisdiction over iwi post-settlement governance entities (PSGEs) will deny Māori applicants access to justice, a move that critics say overrides a recent Supreme Court ruling. The proposal, revealed in an online Cabinet decision, comes just months after Te Kaunihera Kaumātua o Tūhoe won a landmark 2024 Supreme Court case that confirmed the Māori Land Court’s jurisdiction over their PSGE, Te Uru Taumatua. Despite this, documents show 42 of the country’s 73 PSGEs have agreed to the removal of the court’s jurisdiction.

Paul Harman, counsel for Te Kaunihera Kaumātua o Tūhoe, sharply criticised the proposed Bill, stating it overrules the Supreme Court decision and demonstrated how far the Crown and Te Uru Taumatua were “prepared to go to override access to justice for my client.” He lamented the process, saying, “After six years of litigation, the proposed Bill also shows how far the Crown and perhaps the Tūhoe PSGE, Te Uru Taumatua, are prepared to go to override access to justice for my client,” adding that it “weakens the rule of law when Governments make legislation in such haste.”

Mr Harman argued that the change is critical because his client went to the Māori Land Court due to Te Uru Taumatua having “no meaningful dispute resolution process,” citing its election processes as another failure of its Trust Deed. With the Māori Land Court removed, only a High Court application remains, which Mr Harman suggested is “too expensive for most Māori.” He concluded that the proposed Bill will “effectively remove independent judicial oversight and deny my client and other Māori due process and legal recourse.” He also raised concern over the government’s lack of communication or public consultation on the Bill, which he said should worry Māori seeking to hold their PSGEs to account.

The Cabinet paper does note that disputes with PSGEs can still be referred to the Māori Land Court for formal mediation if all parties agree under existing legislation. It also acknowledges that the legislative change is happening ahead of a review of the Treaty of Waitangi Act 1975 and Te Ture Whenua Māori Act, which may propose further changes to the PSGE framework. However, the Bill’s passage will not be delayed for the reviews to conclude, as the government claims this could “heighten tensions among PSGEs” who desire urgent action. Consultation with PSGEs is understood to end on March 4.