The Kaipara District Council has engaged Franks Ogilvie to provide a legal opinion on local government obligations to Maori, arising from the Treaty of Waitangi. They did this to inform elected councillors and council officers of their obligations and how these may be performed.
Here are extracts from the summary of that legal opinion.
SUMMARY
(1) This opinion outlines local government’s obligations to Māori, in distinction to its obligations to residents and the community generally. Local authorities are not the Crown and therefore do not have duties as a signatory to the Treaty of Waitangi. However, Parliament has provided, mainly through the LGA, that local government must address the Crown’s responsibility to take account of the principles of the Treaty of Waitangi, and in turn address particular obligations to Māori.
(3) As stated recently by the High Court, there are few concrete privileges of Māori with respect to local government. Where there are obligations owed, these are generally considered to be limited to those expressly stated in applicable legislation (as identified above).
(4) Most of these obligations can be characterised as process requirements. Local authorities are statutorily obligated to establish and maintain processes for Māori to contribute to decision making processes. They are not guaranteed a right of consultation, an outcome, nor can they veto a decision. Ultimately, local government must uphold democracy that executes the will of the people, represented through elected officials.
View full legal opinion HERE >>>