We are challenging here the Crowns ability to make agreements with Maori exclusively

MEMORANDUM – REQUEST FOR

CLARIFICATION OF AUTHORITY,

MANDATE, AND RECOGNITION

This memorandum is provided for the purpose of clarifying the lawful basis upon which

decisions affecting land and persons within the district are made.

The questions set out below are directed to ensuring that all materially affected persons are

properly considered, and that decision-making processes comply with statutory authority,

procedural fairness, and principles of lawful administration.

INTERPRETATION

For the purposes of this memorandum:

(a) “persons” includes natural persons born within and enduringly connected to the land,

whose interests are materially affected by decisions relating to that land;

(b) “land” refers to the physical land to which such persons are directly connected and

affected, and is not limited to its administrative description, title, or record;

(c) references to “tangata whenua” and “tangatawhenua” are used for the purpose of

requiring clarification as to their definition, scope, and application within the Council’s

decision-making framework;

(d) the above definitions are provided to ensure clarity of meaning, and do not displace any

statutory definition, but require that any differing interpretation relied upon be clearly

identified and justified.

LEAD QUESTION

Please identify the lawful basis upon which persons born of and enduringly connected to the

land are not expressly recognised within the Council’s decision-making and consultation

framework, and specify the point at which such persons are excluded, whether in law, policy,

or practice.A. SOURCE OF AUTHORITY

1. Identify the statutory provisions relied upon for the decisions in question.

2. Confirm how those provisions authorise decisions affecting persons beyond those who

have expressly consented or contracted.

B. RECOGNITION FRAMEWORK

3. Define all categories of recognised participants (including iwi and Mā ori entities).

4. Provide the legal basis for recognition of each category.

C. STATUS OF PERSONS BORN OF THE LAND

5. Confirm whether persons born of and enduringly connected to the land are recognised.

6. If not, identify the lawful basis for their exclusion.

D. STANDING AND INCLUSION

7. Identify any process by which a person may establish standing based on birth, connection,

or occupation.

8. If no such process exists, explain how this aligns with procedural fairness.

E. AGREEMENTS AND EFFECT

9. Confirm whether agreements with recognised entities are treated as binding upon others.

10. Provide the lawful basis and any mechanism for consent or objection.

F. SCOPE OF MANDATE

11. Clarify whether decisions are made for the entire district or derived from specific

groups.

12. Explain how equitable consideration is ensured.

G. DEFINITION AND APPLICATION OF TANGATA WHENUA /

TANGATAWHENUA

13. Define the term tangata whenua as applied in this matter, including its statutory, policy,

or customary basis.14. Define the term tangatawhenua (one word) as distinguished from tangata whenua,

including:

–

whether it is recognised within any statutory or administrative framework,

–

whether it carries a different or broader meaning,

–

and the authority (if any) upon which such definition relies.

15. Identify the criteria, authority, and scope of recognition for tangata whenua and/or

tangatawhenua.

16. Explain how the application of either term:

–

includes or excludes persons born of and enduringly connected to the land,

–

and how such application is consistent with principles of fairness and lawful

administration.

Requested timeframe for response: 10th April 2026

Signed:

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