Taranaki Regional Council faces a High Court challenge after blocking debate on the Treaty Principles Bill but hopes an internal review might stave off the case.
At December’s meeting conservative councillors used a little-known rule to halt discussion of a council submission on the contentious Government bill, sparking a fierce response from the TRC’s Māori ward councillor and iwi committee members.
The six iwi-selected representatives declared no confidence in TRC, and councillor Bonita Bigham told the powerful Policy and Planning Committee that quashing such crucial kōrero had trampled mana, causing widespread anger in Māori communities.
Now Taranaki iwi rep Peter Moeahu wants a High Court judge to take a look as he doesn’t trust the council to investigate “impartially and without prejudice”.
Moeahu’s son – New Plymouth District Councillor Dinnie Moeahu – was unceremoniously shut down despite being approved to make a deputation on the Treaty bill submission.
Peter Moeahu claims TRC “wilfully abandoned its legal obligations and denied open and transparent discussion.”
His judicial review application alleges pre-determination, bias, and failure to comply with Local Government laws, the Treaty of Waitangi, council standing orders and code of conduct, natural justice, and recent Ombudsman directives.
Councillor of 25 years Neil Walker led the blocking action saying the Treaty bill was “too divisive” and “not appropriate” and suddenly declaring the council “not a political body”.
He didn’t want to be sending the Government “political messages about various things” and in cahoots with farmer-councillor of 16 years Donald McIntyre used a closure motion to end debate.
“Councillors acted in an unfair, premeditated, deliberate, determined, divisive, concerted, disrespectful, biased, unlawful and mutually-contrived way to subvert the democratic process,” said Moeahu’s complaint.
Staff had drafted a submission at the request of TRC’s then-chair Charlotte Littlewood, who subsequently stepped down and will be replaced on Tuesday.
A report from staff concludes the December meeting deviated from established council procedures, from legal requirements, and from expectations of good governance – potentially undermining public confidence.
“The Bill is a matter of some significance to iwi, the wider community and the Council itself, given the statutory obligations that it has to work with iwi, and Māori more generally.”
The draft submission set out how the Treaty Principles Bill could affect work TRC was doing with iwi and hapū, was progressing in a way that undermined the Treaty, was inconsistent with te Tiriti, and had implications for resource management.
Under the Local Government Act all councils are obliged to enable Māori to take part in decision-making.
TRC has similar but specific duties under the Te Atiawa Claims Settlement Act, Taranaki Iwi Claims Settlement Act and Ngāruahine Claims Settlement Act.
“The proposals in the Bill are of strategic importance to the work of Council and the relationships that it has with iwi Māori.
“This is why it was considered important that Council consider lodging a submission on the Bill.”
A new report on the silencing of the debate is up for discussion at 2025’s first full council meeting on Tuesday.
Officers have suggested three options:
• establish a Conduct Review Committee,
• appoint an external reviewer, or
• initiate an internal review led by the chief executive.
The report said TRC had already admitted to Peter Moeahu that council processes were deficient, apologised for those failings and found improvements which were “seen to represent a practical way forward”.
Staff also recommended TRC apologise to Dinnie Moeahu, the iwi representatives, the Taranaki community and councillors blocked from talking about the Treaty bill.
The aim was to address the complaint, improve future governance, and rebuild community trust – and staff recommended an internal review as most cost-effective.
Tuesday’s meeting may indicate whether that’s acceptable to Māori at the council table.
They’ve called for concrete measures to end ignorance about the Te Tiriti o Waitangi, with Tokomaru waka rep Mitchell Ritai saying the way councillors treated Dinnie Moeahu was appalling.
“Honestly, it has affected the relationship [of Māori] with the Council. It has taken a couple of steps backwards.”
LDR is local body journalism co-funded by RNZ and NZ on Air
