Post by Kiwi Frontline on May 7, 2022 4:08:21 GMT 12
HIGH COURT CONTRADICTS MĀORI APPELLATE COURT ON IWI REPRESENTATION
In December 2020, the Māori Appellate Court (MAC) handed down its judgment in a case involving Ngāti Paoa, the MAC found that s30 representation orders issued by the Māori Land Court (MLC) are binding on Councils. The Māori Appellate Court went on to find that “as a matter of law” Auckland Council acted unlawfully in failing to comply with a s30 order that granted the Ngāti Paoa Trust Board (the Trust Board) mandate to represent Ngāti Paoa. The finding of the specialist jurisdiction Māori court gave clear guidance to Councils throughout Aotearoa, and sent a strong message as to the “binding” effect of a s30 order on Councils.
That clarity and certainty has been thrown into disarray, following a decision of the High Court in Auckland on Friday, 29 April 2022 by Her Honour Justice Anne Hinton. The High Court case also involving Ngāti Paoa was a Judicial Review in relation to the controversial marina being developed by Kennedy Point Boatharbour Ltd (KPBL) at Pūtiki, Waiheke Island. Contrary to the finding of the MAC, Justice Hinton found that Auckland Council had not acted unreasonably or unlawfully despite Auckland Council’s failure to comply with the s30 Order. Her Honour went on to find that an iwi authority is able to transfer its representation status - although the Trust Board denies ever having transferred its s30 mandate to any other entity....
www.scoop.co.nz/stories/AK2205/S00117/high-court-contradicts-maori-appellate-court-on-iwi-representation.htm
In December 2020, the Māori Appellate Court (MAC) handed down its judgment in a case involving Ngāti Paoa, the MAC found that s30 representation orders issued by the Māori Land Court (MLC) are binding on Councils. The Māori Appellate Court went on to find that “as a matter of law” Auckland Council acted unlawfully in failing to comply with a s30 order that granted the Ngāti Paoa Trust Board (the Trust Board) mandate to represent Ngāti Paoa. The finding of the specialist jurisdiction Māori court gave clear guidance to Councils throughout Aotearoa, and sent a strong message as to the “binding” effect of a s30 order on Councils.
That clarity and certainty has been thrown into disarray, following a decision of the High Court in Auckland on Friday, 29 April 2022 by Her Honour Justice Anne Hinton. The High Court case also involving Ngāti Paoa was a Judicial Review in relation to the controversial marina being developed by Kennedy Point Boatharbour Ltd (KPBL) at Pūtiki, Waiheke Island. Contrary to the finding of the MAC, Justice Hinton found that Auckland Council had not acted unreasonably or unlawfully despite Auckland Council’s failure to comply with the s30 Order. Her Honour went on to find that an iwi authority is able to transfer its representation status - although the Trust Board denies ever having transferred its s30 mandate to any other entity....
www.scoop.co.nz/stories/AK2205/S00117/high-court-contradicts-maori-appellate-court-on-iwi-representation.htm