The Taxpayers’ Union is supporting the Three Waters litigation being led by the ‘Water Users’ Group’.
The Government has now responded to the Statement of Claim and are desperately trying to avoid fronting up with the advice Ministers received on Three Waters. Remember that Ms Mahuta still claims that her Three Waters co-governance model is needed to comply with the Treaty. The legal advice we have from multiple senior lawyers and QCs is that this is highly unlikely.
One of the key issues of this case is whether Ms Mahuta’s claims are an accurate reflection of the advice received by the Cabinet, and if it is, whether it is correct (we say it’s a radical departure from what the Courts have previously said the ‘partnership principle’ actually is).
The media appear to be deliberately ignoring this awkward litigation for the Government. We would have thought it newsworthy that Nanaia Mahuta’s lawyers are playing games with the proceedings, in that they don’t want the Court to see what advice the Ministers actually received.