Māori Chairman Challenges Independent Statutory Board Decision in High Court
In a significant legal development, Raymond Hall, Chairman of Te Whānau o Waipareira, has taken the Independent Māori Statutory Board (IMSB) to the High Court at Auckland. Hall’s legal action stems from the board’s rejection of his application for a position on the IMSB in October 2022.
Hall had applied for one of the Mataawaka representative positions on the IMSB. Mataawaka refers to Māori residing in the Auckland region who do not belong to a mana whenua (Māori tribal) group.
The Independent Māori Statutory Board is an independent body that collaborates with the Auckland Council to enhance Māori outcomes by making decisions, carrying out functions, and exercising powers. They can have up to two representatives on each council committee to advocate for cultural, economic, environmental, and social issues of importance to Māori. Moreover, the board ensures that the Auckland Council adheres to statutory provisions related to Te Tiriti o Waitangi (the Treaty of Waitangi).
Hall’s application stated that he does not belong to a mana whenua group. However, the board’s Selection Body determined that Hall is a member of the mana whenua group Ngāti Whātua, rendering him ineligible for the Independent Māori Statutory Board.
Consequently, Hall has initiated judicial review proceedings in the High Court to challenge this decision. In today’s hearing, he seeks to prevent the law firm Atkins Holm Majurey from representing the IMSB and the members of the Selection Body, arguing a conflict of interest due to their previous role as lawyers for the Selection Body.
The IMSB, on the other hand, argues for the dismissal of Hall’s application for a judicial review and requests costs.
Justice Matthew Muir has tabled the judicial review, expressing the need for more evidence to clarify the processes involved in the IMSB’s appointment of board members.
Hall’s legal team has requested affidavits containing internet searches and emails from October 1 to October 31, 2022, to shed light on the procedures undertaken by Atkins Holm Majurey for all IMSB board applicants. These affidavits must be submitted by November 29, 2023, with a pre-trial teleconference scheduled for December 8.
This legal tussle highlights the intricacies of ensuring fair representation on the Independent Māori Statutory Board and the importance of transparency in the selection process. As the case progresses, a resolution could have far-reaching implications for Māori representation within the Auckland Council’s decision-making framework.
