Lake Horowhenua Accord welcomes High Court judgment

Lake Horowhenua Accord members have welcomed a High Court judgment rejecting a challenge as to the validity of the Accord.

Claimant Colin Paki, a member of the Muaupoko Iwi and one of the many beneficial owners of the Lake, alleged that two Accord members - the Lake Horowhenua Trust and the Lake Horowhenua Domain Board - did not have the power to enter into the Accord. This been rejected by the Court.

Mr Paki had sought an injunction in the High Court, claiming that the Maori Land Court had erred in approving the appointment of the current trustees and in declaring the terms under which the Board would operate, therefore making the Board's Accord membership invalid.

Mr Paki also claimed that the Lake Domain Board acted unlawfully when it decided to enter into the Accord because it did not act in accordance with the provisions for there to be four Muaupoko representatives on the Board. There had been four, but one representative resigned and had not yet been replaced.

In its judgment, the High Court ruled that the Maori Land Court lawfully made an order in 2012 appointing the Lake Horowhenua Trust's trustees and imposing terms to govern the Trust's administration. The decision confirmed that the Trustees could continue to make lawful decisions according to those Trust terms.

The Court also ruled that the Lake Horowhenua Domain Board acted lawfully in committing to the Accord. The Doman Board followed rules around quorum and voting set out in the Reserves Act 1977.

Matt Sword, who chairs both the Lake Horowhenua Trust and the Accord, welcomed the High Court judgment.

“This absolutely answers any questions about the validity of the Lake Horowhenua Trust, the terms under which we operate and whether we have the mandate to act on behalf of the beneficial owners. It follows then, as the judgment also made plain, that our decision to enter into the Accord was absolutely valid. This decision confirms what we already knew from the beginning.”

Mr Sword said the judgment also noted that the Domain Board decision was made unanimously, with the three Muaupoko representatives joining Horizons Regional Council, Horowhenua District Council and DOC representatives in agreeing that the Accord was the way to bring key partners together to begin the Lake clean-up process.

“Collectively, the judgments against all points of the injunction application adds weight to the Trust’s strong support for the current Resource Consent applications made by Horizons Regional Council on behalf of the Accord," he said.

“They revolve around three key steps being taken as part of the Lake clean up - operating a weed harvester on the Lake and building launching ramps for it; constructing a sediment trap at the entrance of the Arawhata stream; and building a fish pass where the Lake exits into the Hokio Stream."

Mr Sword reiterated that the Accord was about five parties, each with separate responsibilities, coming together to plan the actions needed to be undertaken jointly and separately to restore the environmental health of Lake Horowhenua.

“The High Court judgment is an important clarification and step along the road, however we need to all start working together and support the Accord initiatives that will make a measurable difference to the condition of the Lake. By getting on with these projects we can make an excellent start on the long-term journey to clean up the Lake,” he said.

ENDS

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