Kaipara District Council has successfully defended an application for judicial review brought by Te Rūnanga o Ngāti Whātua concerning its decision to disestablish its Māori ward.

Council acknowledges the decision handed down by Justice Neil Campbell yesterday, Wednesday 18 December 2024.

The application concerned the processes followed by Kaipara District Council before it decided, on 7 August 2024, to disestablish its Te Moananui o Kaipara Māori Ward.

The Local Government (Electoral Legislation and Māori Wards and Māori Constituencies) Amendment Act 2024 was enacted on 30 July 2024. Under this Act, councils had to decide by 6 September 2024 whether to retain or disestablish their Māori ward. Kaipara District Council resolved to disestablish its Māori ward, Te Moananui o Kaipara, at an extraordinary council meeting held on 7 August.

Kaipara District Council argued in Court that the engagement and decision-making processes it followed before elected members decided to disestablish the Te Moananui o Kaipara Māori Ward were undertaken in a compressed timeframe, but still followed legislative requirements. The Court has found that the Council did meet legislative requirements.

Kaipara District Council Chief Executive Jason Marris says that in the last three months since the Court hearing in September, Council has completed the shortened representation review that was triggered by the 7 August council decision.

“We continued to make sure we met all our legislative requirements and followed proper process, as required by central government.”

The court action has come at significant cost to the Kaipara ratepayers. To date, Kaipara District Council has spent more than $180,000 to defend itself against the challenge.

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