The Maori Statutory Board, part of the new Auckland Council under a local authority revamp, is arguing with the council over its funding.
It decided yesterday it would go to the High Court at Auckland for judicial clarification.
The council had originally agreed to a funding package of just over $2 million for this financial year and $3.4 million for next financial year. On Monday after a public outcry, it cut this year's budget to $950,000 and next year's budget to $1.9m.
Board chairman David Taipari said the council had no grounds to cut the budget and the board was being used as a political football.
The board has argued the council is obliged to fund it, under legislation which set up the Auckland super city.
A spokesman for Mr Brown's office told NZPA today the council was waiting for a letter from the board -- if that included an invitation to join in the court action, that would be considered.
"We are determined to work with the Maori board very closely to work through the issues, issues which are not of our making," the spokesman said.
He said the dispute did not mean there would be a legal fight between the council and the board, but would not elaborate.
Mr Taipari said if the council wanted to join the board to get the High Court clarification, the board would welcome that as a way forward.
But Local Government Minister Rodney Hide said yesterday that the funding conflict showed why the board should never have been legally required.
When setting up the new council the Government ruled out separate seats for Maori, after Mr Hide threatened to resign.
Instead the statutory board was set up in legislation to advise on committees dealing with the management and stewardship of natural and physical resources. The board said it would make appointments to 11 of the council's 18 committees.
"My concerns about having this board in statute have been borne out because it is inherently divisive and controversial," Mr Hide told reporters.
But the council still retained control over how money was spent.
"I made it very clear that I wouldn't introduce legislation that would put seats around the council because then those un-elected members would be controlling the budget," Mr Hide told reporters.
"As it stands the council controls the budget and only elected members are on the council so ultimately the responsibility is with the council."
Maori Party co-leader Pita Sharples said people needed to accept the board had legal powers and Mr Hide should resign if he could not accept the situation.
"A major slashing of the board's budget is not an auspicious start to the relationship. Before matters get worse, there should be urgent and open negotiations for a funding agreement, as the Act intends.
"I also hope the board's appeal to the court for a declaratory judgement is simply a way of clarifying uncertainty, and does not set a pattern of adversarial relationships between the council and the board in future," Dr Sharples said.
Mr Hide said Cabinet made the choice to include the board and he was not responsible so would not resign.
"It never occurred to me that the National Party would agree to put people on the committee with voting rights."
It would be up to National voters to assess the decision but Mr Hide said the party had not adhered to its philosophy of one law for all.
However he said the council's move to reduce the budget was democracy in action and the council could constrain the board by having fewer committees dealing with natural resource issues.
