Introduction
The future of Kaipara District Council’s Te Moananui o Kaipara Māori ward hangs in the balance, awaiting a High Court decision on a legal challenge brought by Te Rūnanga o Ngāti Whātua. At the heart of the case lies a fundamental question: did the council adequately consult with Māori before abolishing the ward?
The rūnanga argues that the council’s decision was made without proper consultation with iwi and hapū, a violation of the Local Government Act. The council, however, maintains that an email sent a week before the August vote, seeking feedback on the proposal, fulfilled its legal obligations.
This discrepancy highlights a crucial point: what constitutes meaningful consultation? The rūnanga emphasizes the need for deeper engagement, beyond a single email, advocating for kanohi ki te kanohi (face-to-face) discussions with iwi representatives.
Rūnanga chief executive Alan Riwaka underscores the importance of genuine understanding, stating, “There were numerous opportunities to sit down with iwi, to have workshops, to truly understand their perspectives. We believe that a more robust consultation process would have led to a different outcome.”
The High Court, after hearing extensive arguments from both sides, has reserved its decision. The rūnanga’s lawyer, Mai Chen, raised crucial questions about the council’s consultation process, questioning whether the outcome was predetermined and whether some councillors might have voted differently if they had been given the chance for a kanohi ki te kanohi (face-to-face) discussion with iwi.
“I think along the way there were lots of opportunities to actually sit down with iwi and as Mai (Chen) said, they had a workshop, they could easily have sat down for a couple of hours, three hours with iwi and had a workshop and we would probably have better then understood what was going on and would have given a response,” Mr Riwaka says.
The court’s decision will have far-reaching consequences, not only for the future of the Māori ward but also for the broader issue of Māori representation in local government. The case raises critical questions about the meaning of meaningful consultation and the importance of incorporating diverse perspectives in decision-making processes.
The outcome of the court case could significantly impact the council’s plans for a new political structure for the upcoming 2025 local elections. The council must submit its proposed structure to the Local Government Commission by Friday, and the court’s decision could influence this process.
Conclusion
This legal battle underscores the ongoing struggle for Māori voices to be heard and respected in local government. The High Court’s decision will have a profound impact on the future of Māori representation in Kaipara and potentially set a precedent for other councils grappling with similar issues.
