New Zealand Māori Council v Minister for Māori Development - [2026] NZHC 3244

District Māori Councils (DMCs), and by extension the applicant, have exclusive power and authority to control and supervise the activities of Māori Wardens in their districts (Māori Community Development Act, ss 16(5) and s 7(5)). The power is not confined to controlling and supervising the exercise of powers conferred on Māori Wardens under ss 31 to 35 of the Act to manage disorder and

alcohol consumption. The funding is for the Trust to govern, manage and deliver the general statutory duties and functions of Māori Wardens without the involvement of the applicant or the DMCs. The Crown has exercised a degree of control over the Trust's activities by providing the funding required to undertake them, and imposing obligations on how they must be performed as a condition of that

funding. The funding agreement is contrary to the Act as it encroaches on the applicant's/OM Cs' exclusive power and authority to control and supervise Māori Wardens carrying out their general duties under the Act.

Application granted. Order declaring decision to enter funding agreement as unlawful.