Simpson Grierson clarifies role in Kaipara council’s controversial Māori document

Kaipara Mayor Craig Jepson says the document is a single point of reference for New Zealand councils to use when considering their legal obligations to Māori. Photo / NZME

Top law firm Simpson Grierson says it did not endorse a controversial document circulated nationwide by Kaipara District Council (KDC).

The document, which attempts to spell out local government’s legal obligations to Māori, was produced for KDC’s remuneration and development committee by Wellington law firm Franks Ogilvie. It was narrowly adopted by the council in July in a 5:4 vote.

KDC spent an unplanned $52,000 on producing the document for the committee chaired by Mayor Craig Jepson, who sent it out across New Zealand shortly after the council adoption.

He said the Local Government Legal Obligations to Māori document would save the council money, but some councillors slammed it as “anti-Māori” and “bulls***”.

The document was circulated with the assurance it had been peer reviewed by KDC’s lawyer Simpson Grierson. Councillors at the July meeting who were unfamiliar with the document, were similarly reassured.

But Simpson Grierson has hit back at this representation.

It has also taken the step of sending a nationwide follow-up letter to New Zealand councils, clarifying its peer reviewing role.

A Simpson Grierson spokesperson said it did not endorse the content of the July 22 final opinion adopted by the council and then distributed around New Zealand.

The spokesperson said the firm’s limited role in relation to the opinion had been to peer review an earlier draft version in May.

“There remain several matters on which we disagree with Franks Ogilvie, including statements about Treaty obligations, domestic law interpretations and the application of Local Government Act provisions,” they said.

The spokesperson said the firm’s role was in a high-level review only, as had been requested by KDC chief executive Jason Marris, and was provided to the council on June 18.

Simpson Grierson said its peer review included specific qualifying statements about its scope and limitations.

“We expressly did not review political commentary, criticism of judges and courts, or advocacy statements contained in the final opinion.”

Nor had the firm reviewed discussions of Government policy or proposed legislative reforms that had not yet reached the preliminary, or bill, stage of the Parliamentary legislative process.

Simpson Grierson’s nationwide letter said the firm would be happy for its review of the draft it had worked on to be circulated, so it could be read alongside the final opinion, if its client KDC approved.

Mayor Jepson, Deputy Mayor Jonathan Larsen and councillors Mike Howard, Gordon Lambeth and Rachael Williams voted to adopt the document.

The five pro-adoption voters are all members of the remuneration and development committee, under whose direction the document was sought by Marris.

Jepson said he had suggested the Wellington law firm for the document’s production.

Councillors Ash Nayyar, Pera Paniora, Mark Vincent and Eryn Wilson-Collins voted against the tabled legal opinion being adopted by the council on July 30.

The four predominantly said there had been no briefing around the 127-page legal opinion ahead of the meeting, and not enough time between receiving the document and the meeting to adequately inform themselves of its contents.

Jepson said the document was a one-stop shop, single point of reference for New Zealand councils to use when considering their legal obligations to Māori.

– LDR is local body journalism co-funded by RNZ and NZ On Air.