The chief executive of Cobowra Local Aboriginal Land Council has lost his application for a stay on a disciplinary action decision after he alleged misconduct against NSW Aboriginal Land Council staff.
Hika Tekowhai faced dismissal after he was found to have engaged in misconduct as the chief executive of the Cobowra Local Aboriginal Land Council.
In an interim hearing, which took place on 15 January 2025, NSW Civil and Administrative Tribunal principal member in the occupational division, Dr Juliet Lucy, rejected Tekowhai’s application to request a stay on the registrar’s decision for disciplinary action on the basis of his misconduct.
Alleged racist, derogatory, and abusive language
On 19 September 2025, the registrar to the board of the Cobowra Local Aboriginal Land Council recommended that Tekowhai be removed from his post as chief executive after he allegedly engaged in multiple acts of misconduct.
Following this recommendation, on 16 October 2025, the Minister for Aboriginal Affairs and the Treaty appointed Richard Callaghan as administrator of the Cobowra Local Aboriginal Land Council.
On 27 October 2025, the principal member found that Tekowhai engaged in further misconduct over a phone conversation with an operations manager at the NSW Aboriginal Land Council. During the conversation, Tekowhai allegedly used racist, derogatory, and abusive language against council staff, made a threat towards a councillor and made a threat towards Callaghan.
On 10 November 2025, the registrar informed Tekowhai that she had received a formal complaint about his misconduct and that she was, as a result, launching an investigation into his behaviour.
On the same day, Callaghan wrote to Tekowhai informing him that he had decided to terminate his employment as chief executive of the Cobowra Local Aboriginal Land Council, effective immediately.
Appeal and request for a stay
In a 9 December 2025 decision following a hearing on 2 December 2025, Justice Sarah Pritchard of the Land and Environment Court ruled that disciplinary action be taken against Tekowhai, disqualifying him from holding office as a board member or chief executive on the Cobowra Local Aboriginal Land Council for two years – on the basis that Tekowhai had engaged in misconduct.
On 22 December 2025, Tekowhai launched an appeal, requesting for a stay to pause the registrar’s disciplinary decision until the tribunal determines the appeal.
In his case, Tekowhai said that “serious questions, including breach of natural justice” have been raised by his appeal, the principal member, Dr Lucy, found.
Tekowhai claimed that there was no evidence in support of the allegations of misconduct and that he “categorically denied” the alleged misconduct.
In addition, he stated that his two-year disqualification from the Cobowra Local Aboriginal Land Council would cause “irreparable harm to his reputation” as well as the “effective functioning” of the council.
Nothing to demonstrate prejudice or damage suffered
Lucy ruled that, despite the registrar providing Tekowhai with the opportunity to provide submissions to argue his case against the allegations, he did not file any submissions to support his appeal, and she was “not satisfied that arguable grounds of appeal were demonstrated”.
In addition, the principal member found that the fact that the former chief executive “categorically denies” the allegations and said that there was “no evidence” to support the registrar’s findings of alleged misconduct does not serve as sufficient evidence to support his appeal.
Thus, the principal member dismissed Tekowhai’s application for a stay and listed the proceeding for hearing for 10am on 19 March 2026 at Parramatta for two days.
The case citation: Tekowhai v Registrar, Aboriginal Land Rights Act [2026] NSWCATOD 11.
Carlos Tse is a graduate journalist writing for Accountants Daily, HR Leader, Lawyers Weekly.
