A WIN FOR DEMOCRACY BASED ON ABILITY NOT ANCESTRY
https://www.nzherald.co.nz/northern-advocate/news/high-court-challenge-over-kaipara-district-council-abolishing-its-maori-ward-fails/CUBZZRMIHRET3GUIE242O26R4Q/
"The Kaipara District Council’s decision to controversially can its Māori ward has survived a High Court challenge by Te Rūnanga o Ngāti Whātua.
Justice Neil Campbell rejected the rūnanga’s legal challenge of the council’s August decision.
In September Te Rūnanga o Ngāti Whātua applied for a judicial review of the process the council used in its decision at a meeting on August 7 to scrap its Te Moananui o Kaipara Māori ward.
The rūnanga alleged the Kaipara District Council (KDC) made its disestablishment decision without consulting iwi and hapū, including Te Uri o Hau, Te Roroa, Ngāti Whātua, Ngātiwai, and Te Kuihi.
It said this breached the council’s legal obligations under the Local Government Act.
Contrary to high-profile lawyer Mai Chen’s argument for the rūnanga that there should have been a consultation process, Justice Campbell said in his December 18 decision that no precedent was created by the KDC’s past practice to require this.
“The council has consulted only once in the past on a Māori ward question.
“This was not a practice that was settled in the sense of being ‘regular and well established,” Justice Campbell said."
https://www.nzherald.co.nz/northern-advocate/news/high-court-challenge-over-kaipara-district-council-abolishing-its-maori-ward-fails/CUBZZRMIHRET3GUIE242O26R4Q/
"The Kaipara District Council’s decision to controversially can its Māori ward has survived a High Court challenge by Te Rūnanga o Ngāti Whātua.
Justice Neil Campbell rejected the rūnanga’s legal challenge of the council’s August decision.
In September Te Rūnanga o Ngāti Whātua applied for a judicial review of the process the council used in its decision at a meeting on August 7 to scrap its Te Moananui o Kaipara Māori ward.
The rūnanga alleged the Kaipara District Council (KDC) made its disestablishment decision without consulting iwi and hapū, including Te Uri o Hau, Te Roroa, Ngāti Whātua, Ngātiwai, and Te Kuihi.
It said this breached the council’s legal obligations under the Local Government Act.
Contrary to high-profile lawyer Mai Chen’s argument for the rūnanga that there should have been a consultation process, Justice Campbell said in his December 18 decision that no precedent was created by the KDC’s past practice to require this.
“The council has consulted only once in the past on a Māori ward question.
“This was not a practice that was settled in the sense of being ‘regular and well established,” Justice Campbell said."