New Zealand Law/System/Huakina Development Trust v Waikato Valley Authority

  • Did a local council have to consider Maori spiritual values when allocating water rights for effluent
  • The relevant legislation did not refer to the principles of the Treaty, or spell out relevant considerations

Held:

  1. Principles of the Treaty and Maori beliefs on purity of water were relevant considerations
  2. unlikely this outcome would be the same if a list of considerations existed)).