Various documents relating to the TMA are collected here. For documents relating to individual maunga (volcanic cones) head over to the Maunga Documents page.
TMA and Auckland Council’s legal costs in relation to Ōwairaka judicial review, judicial review appeal.
This is the LGOIMA document for Auckland Council. Note: on October 1 2021, Auckland Council added “The council’s total legal costs for the Mt Albert/Ōwairaka judicial review in the Court of Appeal, billed to date are now $71,751.23 (excluding GST). This is not yet the full and final cost.”
This is an extract from an email received on 30 September 2021 from TMA:
"The legal costs reflect a wide ranging judicial review challenge against Auckland Council and the Authority exacerbated by a late substantial amendment to the applicants’ claim which caused significant consequential additional work.
As at today’s date, the total legal costs incurred by the Authority before the High Court is $455,286.04 plus GST (including legal fees, disbursements and witness costs). This amount includes the various costs applications following the High Court decision.
As at today’s date, the total legal costs incurred by the Authority in the Court of Appeal proceeding are $158,781.30 plus GST (including legal fees, disbursements and witness costs). Please note the appeal was made by the applicants (not the Authority) as the applicants’ claim was completely rejected by the High Court."
We asked for copies of any guidance, training, directions or instructions whatsoever given to these Auckland Council appointees. In addition to the 2014 Act and the TMA Integrated Management Plan and Strategies (here’s the link to the page containing these), the members received this Handbook (the first any of us have seen this was 30 September 2021).
Some extracts from the Handbook:
"The human occupation of Tāmaki Makaurau spans almost 1000 years. Settlement pre-dates the arrival of the migration of Māori ancestral waka from the pacific (stet)..."
"The Ngā Mana Whenua ō Tāmaki Makarau Settlement is an outcome of the Mana Whenua and the Crown settling historical Treaty of Waitangi breeches. (stet). ..." (We think they mean 'breaches'.)
"The Act states that in exercising its powers and carrying out its functions, the Maunga Authority must have regard to: ... the fact that the tūpuna maunga are held by the trustee of the Tūpuna Taonga o Tāmaki Makaurau Trust for the common benefit of Ngā Mana Whenua o Tāmaki Makaurau and the other people of Auckland."
See pp.18-20 Key Legislation applying to Maunga Authority and judge for yourself the extent to which TMA are fulfilling their obligations to statutes designed to promote accountability to communities, ensuring survival of flora and fauna, promoting sustainable management of natural resources, and so on.
Correspondence relating to establishment of TMA prior to September 2015
Some very important information are in the Auckland Council Governing Body papers. See p.13 where Council objects to the use of the word 'other' in the clause stating the maunga is held by the trustee for common benefit:
"The inclusion of the word "other is considered incorrect. The correct wording is "and the people of Auckland". ... the word "other" is incorect ... There is also the potential for the word "other" to be considered divisive. This would be unfortunate given the broad, inclusive nature of this particular Bill. For correctness and to take account of other relevant considerations, the reference should be to "the people of Auckland".
A document analysing how Treaty settlements are acknowledged in the Unitary Plan. Interesting bit: see p.17:
1. Where a proposal affects land or resources subject to a Treaty Settlement, the following matters must be recognised and provided for in resource management processes:
a. the historical association of the claimant group with the area, and any historical, cultural or spiritual values associated with the site or area
b. any relevant memorandum of understanding between the council and the claimant group c. any joint management and co-governance arrangements established under Treaty Settlement legislation
d. any other specific requirements of Treaty Settlement legislation.
2. Where Mana Whenua propose an activity on Treaty Settlement land, consideration should be given to the benefits for the wider community and environment provided by any property specific protection mechanism. …”
This memo made recommendations regarding the setting up of the TMA and its Council members. An item on p.2 is worth noting as it appears to have been totally ignored:
“Local Board Advocacy group
An opportunity exists to create an additional advocacy group consisting of local boards where maunga are located to provide knowledge and advice on issues relating to Auckland’s maunga. The advocacy group will consist of eight members (one member per local board) and may also include governing members appoint to the Maunga Authority. Their inclusion will also ensure the views of the advocacy group can be considered and reflected at the Maunga Authority meetings”
The memo recommented that the Treaty Settlements Political Working Party "endorse the creation of the Local Advocacy Group (to) provide knowledte and advice on issues relating to Auckland's maunga."