October 19, 2015
Sloppy selection gets Maori statutory board member thrown out
Representatives of Auckland’s mana whenua iwi have been slammed for the slipshod way they went about choosing two people to represent other tribes on the super city’s Independent Maori Statutory Board.
The Court of Appeal has dismissed an appeal by the board’s appointment committee against a High court decision that it acted unlawfully in appointing Tony Kake as a mataawaka representative.
It says the appointment of the other mataawaka rep, Waipareira chief executive John Tamihere, was also unlawful but the court can’t set it aside because he wasn’t named in the proceedings.
The case was bought by Manukau Urban Maori Authority chief executive Willie Jackson, whose nomination was accompanied by endorsements from several mataawaka groups.
However, the judges said that’s just part of what the selection body needed to take into account, and its decision cannot be dictated by a numerical contest based on letters of support.
Where it went wrong was proceeding to vote a directly after a lunch break, without discussing as a group the merits of the various candidates.
While it’s a moral victory for Mr Jackson, who will get his costs paid, it doesn’t mean he can step into the empty spot.
The court indicated the selection body needs to take advice on what it now needs to do to fulfil its statutory mandate.
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