Are councils' Treaty partners?

 

An article appearing in the May issue of Local Government magazine, written by two lawyers specialising in local government law, says, No.

They say the decision issued by McQueen J [Hart v Marlborough District Council [2025] NZHC 47] “has confirmed the long-standing (but perhaps little-understood) legal position: councils are not directly subject to the Treaty and its principles because local authorities are not part of the Crown, and thus not party to the Treaty. The Courts, therefore, traditionally have not recognised local authorities as subject to a common law obligation under Article 2 of the Treaty.”

Sources: LGNZ article HERE >>>