21 Oct 2020
NGĀTI MARU TRUST v NGĀTI WHĀTUA ŌRĀKEI WHAIA MAIA LIMITED [2020] NZHC 2768 [21 October 2020]
- Citation
- (2020) 22 ELRNZ110
- Court
- High Court
The High Court held that while resource management decision-makers under the RMA do not have jurisdiction to confer, declare or affirm tikanga-based rights or primary mana whenua status as a matter of State law, consent authorities including the Environment Court do have jurisdiction to make evidential findings about the relative strength of iwi/hapū relationships where such findings are necessary and relevant to assessing cultural effects and to the formulation of lawful consent conditions; however such claims must be clearly grounded and defined according to tikanga and linked to specific r…