Ngambri land rights Supreme Court case against ACT government to move to mediation

Paul Girrawah House and other members of the Ngambri filed a claim in 2022 against the government's "one-tribe policy", which states Ngunnawal people are the only traditional custodians.

They allege the government has violated their human rights by failing to recognise the Ngambri people as traditional owners of the Canberra area.

In the ACT Supreme Court on Friday, the plaintiffs' barrister, Brodie Buckland, consented to mediation despite telling the court "the parties were at a deadlock".

Houda Younan SC, representing the ACT government, said debate about whether the Ngambri people were recognised among Aboriginal people as "being of the land" should happen outside court.

"The court is being asked, essentially, to participate in a political question," Ms Younan said.

"It's not an appropriate debate for this court to weigh into."

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Chief Justice Lucy McCallum ordered for mediation to occur, allowing the parties the opportunity to come to an agreement outside of court.

However, she said upcoming hearing dates in May would not be vacated at this stage.

"The question of connection to country is one that should be answered from Indigenous people, not colonial lawyers," Chief Justice McCallum said.

Mr House previously told The Canberra Times he and other Ngambri people were seeking recognition and bringing the case to stop the government's "blatant" discrimination and hypocrisy.

He said he firmly believed the government's "one-tribe policy" of recognising only the Ngunnawal people as traditional owners contravened provisions of the ACT's Human Rights Act.

The legislation says "Aboriginal and Torres Strait Islander peoples hold distinct cultural rights" and must not be denied the right "to have their material and economic relationships with the land and waters and other resources with which they have a connection under traditional laws and customs recognised and valued".

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