Rainey Collins Lawyers

High Court Warning to Councils: Council Must Consult with Tangata Whenua

Monday, 28 June, 2010

Waikato-Tainui (Tainui) has succeeded in an application for judicial review against the Hamilton City Council (the Council).
Judicial review was sought by Tainui following a decision by the Council not to consult with Tainui prior to publically notifying a variation to a district plan.

In his decision, High Court Judge Allan found that the Council was required to consult with Tainui:

1. partly by way of recognition of the rights of Maori under the Treaty of Waitangi; and,
2. partly so that the Council may obtain appropriate and accurate information on the effects of a proposed plan, variation or change on Maori interests.

The implications of this decision are crucial for both local authorities and iwi.  In the present case the High Court:

1. found that the proposed variation was unlawful, invalid and of no effect; and,
2. ordered the Council to consult with Tainui with respect to any proposed variation before it is approved and publicly notified.