Independent Maori Statutory Board
MEDIA RELEASE
Monday 14 February 2011
FOR IMMEDIATE RELEASE

Funding Issue To Move To High Court

The question of funding of the Independent Maori Statutory Board for Auckland will move to the courts tomorrow following this evening's decision by the Auckland Council not to support a Funding Agreement with the Board that would reasonably allow it to carry out its statutory obligations effectively and efficiently.

The Auckland Council also voted tonight to write to the Government to ask it to interpret the meaning of the legislation setting up the Council and the Board.

The Board's chairman, David Taipari, said only the courts could interpret the law and they were the proper and responsible place to seek clarification over any legislation.

"In our view, the legislation that set up the Board was quite clear: the Council must reach a Funding Agreement with the Board by 15 February and meet the reasonable costs of the Board's operations, secretariat, and independent advisors," Mr Taipari said.

"Our reading of the law is that, if our proposed costs are reasonable, the Council has no discretion about meeting those costs, so that tonight's Council decision is most probably in breach of the law."

Mr Taipari said the Board had taken significant steps to ensure its cost estimates were reasonable.

He said the Board sought the help of an independent consultant, who has worked with Council officers since mid-December to identify the reasonable level of funding needed for the Board to meet its statutory obligations.

"Further evidence of the reasonableness of the Board's estimated costs is that the Council's Strategy and Finance Committee, which includes all members of the Council, voted unanimously last week in favour of our Funding Agreement," Mr Taipari said.

Mr Taipari said the Board had no intention of acting in a manner which risked being seen as confrontational with a Council it was committed to working with in good faith. It therefore preferred not to seek a judicial review of tonight's Council vote but preferred the more responsible approach of asking the courts for a declaratory judgment on the matters the Council believed it was uncertain about.

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