The High Court has declared a Crown funding agreement for Māori Wardens unlawful, confirming that District Māori Councils hold exclusive statutory authority over the supervision and control of Māori Wardens.
In a judgment delivered on Oct 22, 2026, Justice La Hood found in favor of the New Zealand Māori Council in its case against the Ministry of Māori Development. The Court determined that the Crown acted unlawfully by attempting to bypass the New Zealand Māori Council and District Māori Councils to divert operational funding directly to a newly established trust.
New Zealand Māori Council co-chair Anne-Marie Kendall QSM welcomed the ruling, noting that it aligns with long-standing positions held by the Council and supported by the Waitangi Tribunal in 2014.
“This judgment confirms what the Māori Council has been telling the Crown for many years,” Kendall said. “The Act is about Māori communities governing themselves through the committees and councils they elect. Wardens have been part of that tradition since the days of the village rūnanga. The Court has recognised that.”
Kendall emphasized that the legal action was not intended to disrupt support for the wardens.
“This case was never about the Wardens or their funding,” she said. “Māori Wardens do outstanding work in our communities, and we have always wanted their funding to continue. The Court recorded that no one disputes it should.”
According to the decision, government funding can proceed lawfully provided it includes the involvement and consent of the New Zealand Māori Council and District Māori Councils. Kendall called on the Crown to work collaboratively with the Council and Wardens to establish a long-term framework and modernize the Māori Community Development Act 1962.