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Some Maori have expressed anger that a Waitangi Tribunal claim has been lodged by a woman who wants her Tongan husband to escape expulsion from the country.
They say that if a judge were to hear the case it would turn the tribunal process into a joke.
Rosina Hauiti's husband, Mofuike Fonua, has not been granted residency after his work permit expired last November. He must leave next week or he will be issued with a removal notice.
Ms Hauiti is seeking an urgent tribunal hearing - claiming that under article two of the Treaty Mr Fonua is a taonga and should be allowed to stay in New Zealand.
But the claim has some angry that it could clog up an already slowmoving tribunal process. Ngapuhi leader David Rankin said government ministers should step in when "vexatious" claims arose.
"If it is allowed to proceed then we will be setting back the credibility of the claims process by a couple of decades, and all for one person's nonsense.
"We have laws covering immigration in this country and so Ms Hauiti should work through those and not try to hijack the process for her love-life.
"The next thing we know we'll be calling Ahmed Zaoui a taonga."
Ms Hauiti said her claim would not affect others on the tribunal's books.
"I don't take anything from the claims that are already there about our whenua, but Mofuike is my taonga and I'm entitled to be happy with him."
Judge Carrie Wainwright has not decided whether she will hear the case.
Immigration officials would not talk about the details of Mr Fonua's case yesterday but Labour Department spokeswoman Mary Anne Thompson said being married to a New Zealander did not give spouses automatic entitlement to residency.
However, if a couple were married it would be considered when assessing whether the relationship was genuine.
Other factors included relationship duration, whether the couple lived together, financial dependence, property, common care of children, household duties and whether friends and family regarded them as a couple.
Standard health and character eligibility criteria were also part of the decision-making process.
The couple's lawyer, Tuariki Delamere, said that if the tribunal declined to hear the application, the next stop would be the High Court.
