Today, the Court of Appeal granted the appeal opposing the Tūpuna Maunga Authority’s integrated native vegetation restoration programme. In doing so, it overturned the High Court’s decision rejecting the appeal.

The Authority will take advice and consider its options, including seeking the guidance of the Supreme Court.

Paul Majurey, Chair of the Tūpuna Maunga Authority, says “on first glance that while the Court of Appeal found in favour of the Authority and Auckland Council on many of the legal issues raised by the Appellant, the Court relied on its assessment of the operation of the Treaty settlement co-governance regime and Reserves Act. The Court’s decision raises real questions as to the relationship of Treaty settlements and the outdated Reserves Act.”

He also said “Councils will be reviewing this decision very closely to consider the implications of their management of reserves.”

The Authority continues to recognise the importance of Treaty settlements and the kaitiakitanga of the Tūpuna Maunga by the tribes of Waiōhua, Ngāti Whātua and Marutūāhu.

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