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Waikato-Tainui has been told it cannot restructure tribal bodies collectively worth $570 million unless it gets the nod from its parliament, Te Kauhanganui.
The tribe's executive body, Te Arataura, was taken to the High Court at Hamilton last week by Te Kauhanganui's chairman, Tom Roa.
He said that by pushing ahead with restructuring proposals deleting one layer of tribal bureaucracy and creating a new super chief executive with wide-ranging commercial, social and cultural responsibilities, Te Arataura was "usurping" parliamentary powers.
Lawyers for Te Arataura argued its wide powers of management, coupled with an 86 per cent majority support for restructuring in April, gave it authority to develop and finalise restructuring.
In his decision released yesterday, Justice Paul Heath said he did not want to criticise the 11-member board on its stance but restructuring could not be implemented, unless first approved by Te Kauhanganui. The parliament has nearly 200 members from more than 60 marae.
"Debate is required among delegates to Te Kauhanganui to determine whether, as a matter of policy, such changes are in the best interests of Waikato-Tainui.
"The elected representatives may or may not approve the proposed restructuring. But it is their decision to make."
He said it was unfortunate that tribal staff, six of whose jobs could be disestablished, would be left in limbo in the interim, but that was "largely the fault of those responsible for the speed with which Te Arataura elected to proceed, on a mistaken view of the legal position".
Te Arataura will meet on Monday to decide when a parliamentary meeting could be scheduled but it will not be until the New Year.
The restructuring's timing has prompted disquiet in the tribe.
The practical steps were set in train as the board finishes a three-year term, with some members having no chance of being re-elected to Te Arataura because they failed to win enough support to return to the parliament.
Executive chairman Tuku Morgan said he did not want to comment on what he termed "personality politics".
Instead it was a priority to make sure Te Kauhanganui was fully informed, he said.
"I'm confident that in the light of the full facts the restructuring will continue."
