- The Government's proposed reforms to restrict voting rights to elected councillors exclude the Auckland Council’s Independent Māori Statutory Board (IMSB) and the Canterbury Regional Council.
- Legal advice suggests the loophole can be closed immediately. We call on the Government to act immediately and pass the necessary legislation now, rather than waiting until after the general election.
The Government's proposed reforms to ensure that only elected councillors have voting rights on council committees are a crucial step towards restoring democratic accountability in local government.
Unfortunately, Auckland Council's Independent Māori Statutory Board (IMSB) remains exempt from these reforms, allowing its unelected members to continue voting on key council committees. The Canterbury Regional Council is also excluded, where Ngāi Tahu-appointed members retain voting rights under separate legislation.
A simple legislative fix is available
Recent legal advice obtained by the Auckland Ratepayers' Alliance has revealed that the Government can remove the IMSB's voting rights now through a straightforward amendment to legislation already before Parliament.
The legal opinion from Franks Ogilvie concludes that the Government could simply amend the Local Government (System Improvements) Bill, currently before Parliament, to remove the IMSB voting provisions. According to the opinion, there is no need for separate legislation.
This contradicts suggestions that the issue cannot be addressed until after the next general election.
Prime Minister Christopher Luxon has previously stated that the IMSB should not retain voting rights. The legal opinion indicates there is now a practical mechanism for implementing that position immediately.
Equal democratic standards should apply everywhere
The principle that only elected representatives should vote on council committees should also apply to Auckland, the country's largest local authority, serving around one-third of New Zealand's population.
There is no democratic justification for Aucklanders receiving weaker protections than ratepayers elsewhere.
Momentum is building
Support for closing this democratic loophole continues to grow.
- The Auckland Ratepayers' Alliance has launched a campaign calling on the Government to amend the Bill immediately.
· ACT has publicly called for the legislation to be expanded to remove IMSB voting rights as well.
Democracy Action's position
Democracy Action has consistently supported the principle that voting power in local government should rest with elected representatives.
Unelected advisers, technical experts, and community representatives can make valuable contributions to council discussions. However, decisions involving public spending and council policy should be made only by those directly accountable to voters through elections.
What you can do
If you believe Auckland should receive the same democratic protections as every other council, please consider taking the following actions:
-
Sign the Auckland Ratepayers' Alliance petition calling on the Government to remove IMSB voting rights before the election:
http://www.ratepayers.nz/ban_imsb_from_voting?recruiter_id=316314 - Write to Local Government Minister Simon Watts asking him to introduce a Supplementary Order Paper to amend the Local Government (System Improvements) Bill before it is passed. (See example letter below).
- Contact your local MP, regardless of party, and urge them to support equal democratic standards across all councils.
- Share this campaign with friends, family, and community groups.
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About the Independent Māori Statutory Board
The Independent Māori Statutory Board (IMSB) is one of the least understood parts of Auckland Council's governance structure.
Established under the Local Government (Auckland Council) Act 2009, the Board's members are appointed through a process involving local iwi and mātāawaka* organisations rather than being elected by Auckland voters.
*Mātāawaka means Māori who live in Auckland and are not part of a local iwi.
Despite not being democratically elected, IMSB representatives have voting rights on most Auckland Council committees, including the Finance and Performance Committee. The Board also has statutory functions, including monitoring the council's performance on Māori outcomes and influencing policy development.
Many Aucklanders remain unaware that unelected members continue to participate in council decision-making in this way.
Democracy depends on equal political rights
New Zealand's democracy is founded on a simple principle: those who exercise public decision-making powers should be accountable to the people through elections.
Councillors can be voted out.
Mayors must answer to the electorate.
Governments face voters every three years.
The members of the Independent Māori Statutory Board do not.
Reference
Legal Advice on Proposed amendment to Local Government (Auckland Council) Act 2009
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Below is a draft letter you can personalise and send. Individual messages from constituents can help demonstrate the level of public support for this reform.
Hon Simon Watts
Minister of Local Government
Private Bag 18041
Parliament Buildings
Wellington 6160
Email: [email protected]
Subject: Please amend the Local Government (System Improvements) Bill to remove IMSB voting rights
Dear Minister Watts,
I am writing to urge you to support an amendment to the Local Government (System Improvements) Bill to remove the voting rights of the Auckland Council's Independent Māori Statutory Board (IMSB).
I welcome the Government's decision to restore the principle that only elected councillors should exercise voting rights on council committees. This is an important reform that strengthens democratic accountability.
However, leaving the IMSB outside these reforms creates an unnecessary and unjustifiable inconsistency. Aucklanders deserve the same democratic protections as ratepayers in every other part of New Zealand.
Recent legal advice commissioned by the Auckland Ratepayers' Alliance concludes that this issue can be resolved through a straightforward amendment to the Bill already before Parliament. According to the legal opinion, there is no need for separate legislation or to wait until after the next general election.
If that advice is correct, there appears to be no practical reason for delaying action.
The principle is simple: those who exercise voting power over council decisions should be directly accountable to the people through elections. Unelected advisers and representatives can make valuable contributions to committee discussions, but voting rights should rest with elected councillors.
Prime Minister Christopher Luxon has previously indicated that the IMSB should not retain voting rights. I therefore encourage you to act now by introducing the necessary amendment before the Bill completes its passage through Parliament.
Thank you for considering my request. I look forward to your response.
Yours sincerely,
[Your Name]
[Your Address]
[Your Email]
[Your Phone Number]