Crown decides against appealing latest foreshore and seabed decision
4 Jun, 2021 04:31 PM
“The Crown has decided not to lodge an appeal in the first major foreshore and seabed decision under the current law which awarded customary title in three parts of Eastern Bay of Plenty to six hapu of Whakatohea. Instead, the Crown has applied to be an “intervenor” in the case.” See full article… https://www.nzherald.co.nz/nz/crown-decides-against-appealing-latest-foreshore-and-seabed-decision/SV3JXYO6ZPU42MAXOFQCFGOVFI/
Although the Herald has stated the Crown has not appealed the case, the office of the Attorney General will play an important role in the Appeal as an “intervenor”. The Law Commission describes that role as: “The role of an intervener is closely related to that of an amicus curiae. Interveners are also not parties to the case but they can be permitted to participate in the proceedings if it is in the public interest or, less commonly, for their own private interest”.
An Amicus curiae, (Latin for “friend of the court”) is one who assists the court by furnishing information or advice regarding questions of law or fact.
That is an important role in this case as there are key questions of law that arise from the judgment that directly affects the public. The case has particular importance as it is the first of hundreds of claims for title to the foreshore and seabed and acts as a precedent.