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 >>>