The High Court is ruling in favour of the Government over the Waitangi Tribunal's unprecedented move to subpoena Children's Minister Karen Chhour.
Last week, the tribunal subpoenaed Chhour ahead of the Government's move to repeal a section of the Oranga Tamariki Act.
Chhour had refused to voluntarily appear before the tribunal or respond to questions. The Government subsequently took the tribunal to court.
The Coalition planned to repeal section 7aa of the Oranga Tamariki Act, a clause that required consideration of tamariki's whakapapa and mana when deciding where to place them.
ACT, Chhour's party, campaigned on repealing that section.
Justice Andru Isac on Wednesday night released his decision - saying the summons issued by the tribunal is set aside.
He pointed out the court's decision did not diminish the "mana of the tribunal and the importance of its work".
"This conclusion should not be taken as an endorsement of the minister's approach to the tribunal, or a criticism of the tribunal's decision. It is simply the result of an important constitutional principle and its application in the circumstances of this case," Justice Isac said.
"Had I concluded that the lack of evidence would affect the tribunal's ability to discharge its statutory functions, I would have dismissed the application for judicial review.
"It goes without saying, then, that the power of the tribunal to summons a serving minister to attend and give evidence under compulsion, if clearly necessary, is very much alive.
"Finally, both the minister and the second respondents made submissions in relation to the role tikanga might have in resolving the grounds of review. Unfortunately, this case is unsuitable for resolution of the question given the need for mature consideration.
"I mean no disrespect to the parties in reaching this view."
The judge reserved his decision on costs.
Chhour's office said in a statement the minister could make limited comments on the decision given "the parties have rights of appeal".
"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 statement said. "The minister welcomes this important decision, not for her own sake, but for the constitutional clarity it provides for New Zealand."
