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High Court Warning to Councils: Council Must Consult with Tangata Whenua
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:
- Partly by way of recognition of the rights of Maori under the Treaty of Waitangi; and,
- 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:
- Found that the proposed variation was unlawful, invalid and of no effect; and,
- Ordered the Council to consult with Tainui with respect to any proposed variation before it is approved and publicly notified.