12 Dec 2013

Review of ruling against use of te reo at Tribunal

7:33 pm on 12 December 2013

A judicial review took place in the High Court in Wellington on Thursday over a judge's decision to stop a lawyer speaking te reo Maori at the Waitangi Tribunal.

The Maori Language Act 1987 grants people the right to speak Maori in any Courts of Law and Tribunals.

The review was brought by a claimant in the Tribunal's King Country inquiry, Liane Green, whose counsel at that hearing, Alex Hope, was told he could not cross examine witnesses in te reo Maori.

A year ago, the presiding officer of the Tribunal's King Country inquiry, Judge David Ambler, stopped Mr Hope from cross-examining English-speaking witnesses in te reo Maori.

Judge Ambler said the witnesses were English speakers and questioning them in Maori would not enhance the hearing, and would cause delays in the process.

Liane Green's lawyer, Karen Feint, told the court that ruling goes against the law, which gives people the absolute right to speak te reo Maori in court.

She said it undermines the mana of the Maori language, and fails to recognise it as a taonga under the principles of the Treaty of Waitangi.

Judge's refusal of te reo 'belittles' language

The Maori Language Commission says the judge's decision belittles the language's status.

The lawyer for the Maori Language Commission, Mai Chen, told the High Court, the ruling creates a dangerous precedent and signals te reo Maori doesn't have equal status as other official languages.

Ms Chen said the role of the commission is to promote the use of te reo Maori as a living language, and its use in the courts is pertinent to that.

The lawyer who was told not to cross-examine Pakeha witnesses in te reo Maori, Alex Hope, said he felt the mana of the language had been trampled.

Mr Hope said he was shocked at the judge's decision and could do nothing but sit there gobsmacked.

He said he was fortunate to have support around him, but soon felt a strong urge to right the injustice, saying te reo Maori must be respected and promoted.

Justice MacKenzie has reserved his decision.