Kaipara District Council says it should not have to rescind its decision to abolish its Māori ward if the High Court finds it has breached consultation requirements.
Yesterday the council was fighting for the future of its August 7 decision to abolish its Te Moananui o Kaipara Māori Ward – this decision under fire from Te Rūnanga o Ngāti Whātua in a judicial review application hearing at the High Court at Auckland.
About 100 people, mostly from Northland, packed the courtroom and took part in a rally outside the court ahead of the hearing.
Justice Neil Campbell reserved his decision, which Local Democracy Reporting Northland understands is to be delivered later this week.
In Kaipara District Council (KDC)’s 67-page statement of response prepared for yesterday’s hearing, it defended the processes it had undertaken to abolish its Te Moananui o Kaipara Māori ward, saying it had not breached the consultation required in making that decision.
However, KDC said at the end of its document that should the judge decide the council had breached consultation process requirements in making that decision, “it did not follow the decision (to abolish its Māori ward) should be set aside”.
Te Rūnanga o Ngāti Whātua sees things differently.
In the rūnanga’s 37-page statement of claim filed for yesterday’s hearing by prominent lawyer Mai Chen and two other lawyers, it says the council breached its consultation requirements as part of its August 7 decision.
It had failed to balance obligations to properly engage face to face with local iwi and hapū under the Local Government Act and the deadlines of the government’s August 1 changes to this legislation.
The rūnanga is pushing for KDC’s August 7 decision to be overturned as a result, and the council to instead continue with its Te Moananui o Kaipara Māori ward for the next local elections in October 2025.
It is making its High Court application on behalf of Ngāti Whātua iwi including Te Uri o Hau and with support of the iwi, hapū groupings of Kaipara including Te Roroa, Te Kuihi Kai Raupo and Ngāti Wai.
KDC’s statement of response said there was no requirement under the Local Government Act or Local Electoral Act to consult before making the Māori ward decision.
It said the Local Government Act’s consultation requirements did not apply when the council’s engagement with its community took a form other than what is known formally in local government as consultation.
It said its Māori ward councillor had been actively involved in the decision.
“The council also gave to Kaipara mana whenua the opportunity to provide written feedback which would be considered by the council’s elected members who would be making the Māori ward decision: an opportunity not made available to other groups in the community,” it said.
The rūnanga said mana whenua had not been properly consulted. The council had hurried its Māori ward decision, moving its originally planned August 28 date for this forward to August 7.
The rūnanga has applied for a court order setting aside the August 7 resolution, and costs.
It said local mana whenua had been given only four working days to provide consultation feedback towards the meeting decision after the new government decision on August 1.
KDC is the only council in New Zealand to have canned its already-in-place Māori ward under new August 1 government rules affecting 45 councils nationally.
If the council ends up still having its Māori ward at the next election, it will also have to poll its almost 18,500 electors for their binding say on that decision.
Just one vote more than the required 50% majority of polled electors would see the ward either canned then or kept.
Local Democracy Reporting is local body journalism funded by RNZ and NZ On Air
