The Court of Appeal has overturned a High Court decision which blocked a summons order from the Waitangi Tribunal for Children's Minister Karen Chhour.
The court released its decision on Monday.
At the same time, a bill proposing the repeal of section 7AA from the Oranga Tamariki Act has been introduced to Parliament, meaning the Tribunal no longer has jurisdiction over the case.
In its ruling, the court acknowledged the importance of the Waitangi Tribunal's role in inquiry into legislation that is inconsistent with the principles of the Treaty of Waitangi and that the minister had relevant evidence to give to the Tribunal.
It disagreed with the High Court's ruling that the principle of comity, or legal reciprocity, applied to the Tribunal.
Given the Tribunal had already released a report and the minister answered their questions in writing, it was unlikely she would need to give evidence to the Tribunal.
In its final report released last week, the tribunal said there were clear breaches of the guarantee to Māori self determination and the Treaty principles of partnership and active protection.
It said prejudice would arise from the rushed and arbitrary repeal of the section of the Act.
RNZ
