October 29, 2020
Orakei opposing one size fits all pou
A spokesperson for Ngāti Whātua Ōrākei says a new High Court ruling will help the hapū fend off other tribal groups wandering opportunistically into its backyard.
Ōrākei had challenged the way Auckland Council's development arm Panuku consulted over extending Westhaven Marina, including erecting 19 pou to represent the 19 mana whenua iwi and hapū in the super city.
The High Court ruled the Environment Court does not have jurisdiction to confer, declare or affirm tikanga based rights, but it can consider evidence and make findings about such rights where relevant to the Resource Management Act.
Kingi Makoare says Auckland Council wrongly treated all iwi as if they had equal interests in conducting a one size fits all consultation process.
"We acknowledge all 19 iwi but where council failed in this process is to stipulate where the respective mana lies in terms of the landscape," he says
Mr Makoare says the decision means councils will now have to receive and evaluate expert evidence on the relative strengths of mana whenua relationships.
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