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Norman v Tūpuna Maunga o Tāmaki Makaurau Authority is a judicial review of the Tūpuna Maunga o Tāmaki Makaurau Authority's decision to fell and remove all the exotic (non-native) trees on Ōwairaka/Mt Albert. Whilst the High Court dismissed the review and allowed the operation to proceed, that decision was overturned by the Court ofAppeal because the Maunga Authority failed to consult in accordance with statutory requirements. The Norman litigation has implications and lessons for all co-governance arrangements in Aotearoa New Zealand. This article argues that whilst the relevant Treaty of Waitangi settlement legislation allows for meaningful power-sharing within the Maunga Authority, and the co-governance partners sought to meaningfully share power, the Maunga Authority could have done more to consult and act in good faith. It also contends that tikanga Māori gives rise to a duty to consult and ought to be contemplated by counsel as a basis for a duty to consult in the future.
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Starting with the whakapapa of the Waikeria Prison Uprising in 2020/21, this article examines what the suppression of prisoners’ freedom of speech tells us about the struggle to defeat the far right. Drawing on the authors’ personal experience of censorship at the hands of the Crown, the article demonstrates the futility of relying on the capitalist state to achieve the liberation of exploited and oppressed people. The article critiques liberal ‘safetyism’ as a demobilising force, which prioritises fear for personal safety over the necessity of struggle. In contrast, the authors argue that it is only through mass struggle that we can defeat the far right and liberate ourselves.
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New Zealand was one of a handful of countries that held a national election in the midst of the Covid-19 pandemic.
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