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March 07, 2022
Ōwairaka judgement test for treaty settlements
Adam Gifford
Posted On March 7, 2022
Download AudioThe chair of Auckland’s Tūpuna Maunga Authority says a Court of Appeal decision blocking, for now, the removal of exotic trees from Owairaka Mount Albert may need to go to the Supreme Court for a final say.
Paul Majurey says the judgement upheld the authority’s right to manage the maunga, including removing the trees and replanting with native species.
But it said the authority had not carried out the consultation required by the Reserves Act, and its intentions should have been more clearly spelt out in its 2016 Integrated Management Plan.
“Management plans typically last for about 10 years so it’s a pretty important point here in terms of in a management plan in say year one of that plan. A proposal comes along in five, six or seven years that no one thought of at the time, how do you signal that when that activity is formulated down the track?” Mr Majurey says.
The judgement has implications for every council and every iwi which gets reserve land back in a treaty settlement.
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