Hart v Director-General of Conservation - [2023] 3 NZLR 42

Judicial review — Illegality — ­Allocation decision of whale jaws — Required permit not issued — Not limited to live animals — Jaw bones not separated naturally — Exception did not apply — Permit not applied for or given — Decision in conflict with Marine Mammals Protection Act 1978, s 6.

Judicial review — Procedural unfairness — Breach of natural justice — Legitimate expectation — Failure in advising only one party of proposal or decision — Department of Conservation would behave in accordance with promise — Breach of legitimate expectation — New Zealand Bill of Rights Act 1990 s 27.

Judicial review — Treaty of Waitangi — Breach of good faith obligation — Actions not transparent — No tikanga-consistent process used to resolve conflicting claims — Ngāi Tahu had no entitlement to the jawbones — Treaty settlement did not promise them possession of the whale bones — Requirement to consider competing claims by other iwi — Rangitāne’s treaty settlement recognised the area as an “area of interest” for Rangitāne — Rangitāne had legitimate cultural interests — Court not in position to evaluate — Conservation Act 1987 s 4.

Judicial review — Breaches not merely technical — Tikanga-consistent process required — Appropriate to hold Department of Conservation to its original promises.