Independent Māori Statutory Board appointments under review

Maori Development Minister Willie Jackson challenged the Independent Māori Statutory Board selection in 2014. Photo / NZME

Just one day after announcing the reappointment of David Taipari as the Chair and Tau Henare deputy, the Herald can reveal the appointment process and selection of Independent Māori Statutory Board members will be challenged in court.

National Urban Māori Authority sources said there are at least three legal disputes which will be lodged over the IMSB selection process and possible conflicts of interest.

The Independent Māori Statutory Board, according to its web page, is an independent body of nine members based in Auckland. The Board has specific responsibilities and powers under the Local Government (Auckland Council) Act 2009 to promote issues of significance to Māori to the Auckland Council.

Two IMSB members sit with voting rights on each of the council's committees that deal with the management and stewardship of natural and physical resources. The IMSB also provides direction and guidance to the Auckland Council and the Mayor's office on issues affecting Māori to help improve council responsiveness to Māori.

Tau Henare was appointed deputy chair of the Independent Māori Statutory Board yesterday. Photo / NZME

A source said the disputes are centred around the selection of the seven members who represent mana whenua and two members representing mātāwaka - Māori living in the Auckland rohe who are not mana whenua.

It is understood a person nominated on behalf of mātāwaka was declined because the selection panel said he had whakapapa to Ngāti Whatua. He was disqualified, despite never holding a position within that iwi and actually applying for a seat on behalf of Urban Māori.

The Herald understands Ngāti Whātua Ōrakei are also not happy about the IMSB selection panel process and were not even notified about yesterday's hui.

The source said members also had concerns over the registrar who runs the election process, Paul Majurey, as he holds several influential positions.

The election processes were administered by Majurey's legal firm.

Majurey is the lawyer and Treaty Negotiator for the Marutūāhu group - who also have two seats on the IMSB - and he is currently being investigated by PwC for conflict of interest at Panuku, where he is Chair.

This is not the first time the IMSB has been taken to court by Urban Māori.

In 2013 when the now Māori Development Minister Willie Jackson was not chosen as one of the Auckland Independent Maori Statutory Board's two mātāwaka (urban) representatives, Urban Māori lodged court proceedings.

They sought a judicial review of the appointment of Tony Kake who was named as the second mātāwaka representative, alongside John Tamihere.

In 2015, the High Court found the selection process was flawed and ordered the selection body for the board to stand Kake aside, before holding a new election.

"As a consequence, the entire selection process was unlawful and the judge correctly set aside Mr Kake's appointment to the board. Our conclusion has obvious implications for Mr Tamihere since his appointment suffered from the same defect in that it was a consequence of an unlawful process," the Court of Appeal judgment said.

"However, we cannot set aside his appointment."

The Court of Appeal decided the board did not follow the legally required process of taking into account mātāwaka views.

But by the time a new election process was put in place, the three-year term had passed and Jackson had viewed a return to politics.