Government wary of judges' two hats

By RUTH BERRY political reporter

Deputy Prime Minister Michael Cullen yesterday indicated the Government might move to prevent Maori Land Court judges presiding over Waitangi Tribunal hearings as well.

Attorney-General Margaret Wilson later suggested the issue was tied to ensuring the Land Court was properly resourced to cope with plans to extend its jurisdiction to cater for fisheries disputes and foreshore and seabed cases.

But other Government sources suggested there might be other concerns within the Government about judges moving between the two jurisdictions.

All eight of the Land Court's judges work part-time as presiding officers on tribunal inquiries.

Dr Cullen, answering questions in Parliament yesterday on behalf of Margaret Wilson, was asked by Act MP Stephen Franks whether the Government still intended to enable the court to hear foreshore and seabed claims.

"And if so how will the principle of certainty sit with the bias that appears when the same judges are wearing their Waitangi Tribunal hats?" Mr Franks asked.

Dr Cullen replied: "I think the member raises a very interesting issue about people wearing two hats, one in the tribunal and one in the Maori Land Court, and I suspect this is an issue the Government may want to look at in the near future."

Mr Franks said the Government was growing mistrustful of the Land Court, as it was beginning to realise it would take a much broader view of whanau and hapu entitlement to claim customary title of foreshore and seabed than the Court of Appeal had indicated was likely.

The tribunal's judgments increasingly revealed that those writing its reports had adopted an "advocacy" role.

As the tribunal's reports were non-binding, this was more possible than in a court - but it created problems when judges crossing between the two had already made it very clear "where they want the law to go".

"It's very hard to say that they are not biased," Mr Franks said.

The tribunal has already made it clear it believes there is a wealth of evidence to support foreshore and seabed customary title claims.