2 May 2023
HART & ORS v DIRECTOR-GENERAL OF CONSERVATION [2023] NZHC 1011
- Citation
- [2023] NZHC 1011
- Court
- High Court
The Director-General's allocation and delivery of the whale jawbones to Ngāti Kuri/Ngāi Tahu was unlawful: the allocation was inconsistent with the Marine Mammals Protection Act 1978 (possession required a permit), was effected in breach of procedural fairness and legitimate expectation owed to Rangitāne, and breached Treaty obligations under s 4 of the Conservation Act 1987 by failing to follow tikanga-consistent iwi-to-iwi processes; the decision is set aside and the jawbones are to be held pending further orders.