23 Jun 2022
TE WHĀNAU A KAI TRUST v GISBORNE DISTRICT COUNCIL [2022] NZHC 1462
- Citation
- (2022) 23 ELRNZ 991
- Court
- High Court
The Environment Court correctly held it lacked jurisdiction under the Resource Management Act to recognise and provide for tikanga-based proprietary/native title interests in freshwater by RMA plan provisions; even if such recognition were within scope, the evidence presented was insufficient to establish unextinguished customary proprietary rights across the asserted rohe; the RMA does not empower regional plans to require the Council to provide funding or technical resourcing to iwi (those mechanisms fall within the Local Government Act and council decision-making); proposed plan wording th…