Protesters gathered in Kaipara as Te Rūnanga o Ngāti Whātua served the Kaipara District Council with an injunction to stop a planned vote on Maori wards. Photo: Layla Bailey-McDowell / RNZ
A legal challenge against a Northland council that voted to abolish its Māori ward last month is due to get underway on Wednesday morning.
Ngāti Whātua iwi is calling on the High Court to overturn Kaipara District Council's decision, saying it breached two sections of the Local Government Act by failing to ensure Māori involvement in the decision-making process.
The iwi is also planning a peaceful rally outside the Auckland High Court from 9.30am.
Kaipara District Council was the first local authority in the country to use a new law to abolish its Māori Ward, during a fiery meeting in Mangawhai on 7 August.
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The council told RNZ it would defend its decision.
The two sides have only today to put their arguments, with the judge expected to deliver a decision later this week.
Ngāti Whātua maintains it should have been consulted about the move to scrap Te Moananui o Kaipara Māori Ward, held by councillor Pera Paniora, along with other iwi and and hapū including Te Uri o Hau, Te Roroa, Ngātiwai and Te Kuihi.
Under the Local Government (Electoral Legislation and Māori Wards and Māori Constituencies) Amendment Act 2024, councils that had introduced Māori Wards without a referendum were required to either abolish the wards from the 2025 local elections, or hold a binding poll alongside the election to decide whether to retain the wards in 2028 and 2031.
The new law came into force on 30 July.
Of the more than 40 councils with Māori wards, only two - Kaipara District and Upper Hutt City - voted to disestablish the wards by last Friday's deadline.