A prominent figure in the Te Ao Māori world, Te Whānau o Waipareira chairman Raymond Hall, has instigated proceedings against the Independent Māori Statutory Board in the High Court at Auckland today.
The legal stoush relates to Hall’s individual claim his application for a position on the Independent Māori Statutory Board (IMSB) on October 7, 2022 was declined.
Hall had applied for one of two Mataawaka representative positions that sit on the IMSB. Mataawaka are Māori who reside in the Auckland region who are not in a mana whenua (Māori tribal) group.
The IMSB are an independent body that helps Auckland Council make decisions, perform functions and exercise powers that improve outcomes for Māori. They can have up to two members sit on each council committee to promote cultural, economic, environmental and social issues of significance to Māori.
The board also ensures that Auckland Council acts in accordance with statutory provisions relating to Te Tiriti o Waitangi.
On his application, Hall wrote that he was not a member of a mana whenua group.
But the board’s “Selection Body” found he was a member of a mana whenua group - Ngāti Whātua - and was therefore not eligible for the Independent Māori Statutory Board.
Hall launched judicial review proceedings in the High Court seeking to challenge that decision.
Today’s hearing in the High Court relates to an application by Hall to try to prevent law firm Atkins Holm Majurey from acting for the respondents in his judicial review application, namely the IMSB and the members of the Selection Body.
Hall is arguing they have a conflict of interest and should not be able to act.
He says the firm acted as lawyers for the Selection Body before he filed his judicial review.
The IMSB wants Hall’s application for a judicial review to be dismissed, and costs.
Justice Matthew Muir tabled the judicial review, citing more evidence to alleviate surrounding processes for the IMSB to appoint members to the board.
Hall’s lawyers have requested affidavits- including all internet searches and emails from October 1 to October 31 2022, for transparency on the processes undertaken by Atkins Holm Majurey on all applicants for the IMSB board.
Those affidavits must be filed November 29, 2023 for a pre-trial teleconference on December 8.