28 Apr 2022
NGĀTI WHĀTUA ŌRĀKEI TRUST v ATTORNEY-GENERAL [2022] NZHC 843
- Citation
- [2022] NZHC 843
- Court
- High Court
The Court declined to grant the broad declarations sought by Ngāti Whātua Ōrākei because the nature and scope of mana whenua and ahi kā in Tāmaki Makaurau is contested between multiple iwi, the Court must be cautious in adjudicating disputed tikanga beyond the tikanga and tribal narrative of the claimant, and while tikanga and Treaty principles inform Crown obligations in Treaty settlement negotiations the Crown is not bound to apply one iwi's tikanga as determinative; the Crown must, however, take reasonable steps to understand, recognise and actively protect tikanga in the Treaty settlement…