04 March 2016

Maori: Ngati Whatua v. Attorney-General

Claiming Maori customary law sits over Crown prerogative, Ngati Whatua is creating constutional waves by asserting governance and control within its rohe in what is the first iwi challenge to government conduct subsequent to a Treaty settlement.
Ngati Whatua Orakei in Auckland is challenging the manner in which government is settling Treaty grievances with neighbouring iwi across the Auckland isthmus.  It claims government must get Ngati Whatua consent before offering Auckland land to other iwi as part of their Treaty settlements.
Litigation was triggered by government offers to transfer land in Auckland at 71 Grafton Road and 136 Dominion Road to Ngati Paoa as part of an iwi specific Treaty settlement.  Ngati Whatua alleges this breaches its 2006 Treaty settlement.  It claims rights of first refusal to the land and says its consent is required if the land is to be offered elsewhere.  Government says the 2006 settlement was an agreement in principle only and was superseded by subsequent agreements covering multi-iwi claims across the Auckland isthmus.
What on the surface looks to be no more than a boundary dispute between two iwi has explosive consequences within Maoridom: Ngati Whatua is claiming rights of Maori customary law over all Treaty issues in the central Auckland region.  Treaty settlements with neighbouring iwi are being delayed.
Justice Wylie ruled this was too big an issue to be decided in a preliminary hearing between the primary litigants.  He ordered all neighbouring iwi with a potential interest in the outcome be served with notice of the case.
Ngati Whatua v. Attorney-General – High Court (4.03.16)

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