John Key, to 3 News, 31 January 2012 [video]:
I would point out that section 9 is largely symbolic. It's been the law since it was established in 1986, but the Government can't find an example of where it's been used.New Zealand Treasury, Extension of the Mixed Ownership Model: A proposal to change legislation in relation to: Genesis Power, Meridian Energy, Mighty River Power, Solid Energy New Zealand: Consultation with Māori, 1 February 2012 [PDF]:
The Government recognises the historic significance of section 9 of the SOE Act and the role it has played in the development of the place of the Treaty in modern New Zealand and the relationship between the Crown and Māori. Litigation brought under section 9 in the Lands case, led to the articulation of Treaty principles by the Court of Appeal. The same case led to the section 27A-D memorials regime that protects specific Māori interests in land transferred by the Crown to SOEs. These provisions require the Crown to resume ownership of the land where the Waitangi Tribunal has recommended its return to Māori ownership. They also enable the Governor-General, by order in council, to require the Crown to resume ownership of land that is wāhi tapu.Conclusion: Key hadn't bothered to read his own discussion document. What a lightweight.
