Do your Council’s representation arrangements fail the equal rights test?

Susan @DEMOCRACYACTION
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Sep 03, 2021
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< September 2021 newsletter

Do your Council’s representation arrangements fail the equal rights test?

Councils owe a duty of fair representation to all the citizens they represent, yet this fundamental principle of democratic governance is being ignored by councils as they build “Treaty partnerships” with their Māori citizens. This is very apparent at Rotorua Lakes Council, where undemocratic arrangements have been introduced to “strengthen the voice of Māori in our decision making”.

Te Arawa, the predominant iwi in the Rotorua area, has a great deal of influence over council decision making through the Te Arawa Partnership Agreement and Te Tatau o Te Arawa, an organisation representing iwi which works in partnership with the Council. It is more than an advisory board - it is seen by some as an expression of tino rangatiratanga and is regarded as such by the Council.

An illustration of how much power Te Arawa wields can be seen in the establishment of a co-governance committee tasked with providing recommendations to Council on the Three Waters Reforms. This committee comprises of the Mayor, Deputy Mayor and three Councillors (all Te Arawa affiliated), and five Te Arawa leaders. The Mayor and a Te Arawa representative to co-chair the committee.

Reynold Macpherson, one of the few Rotorua councillors willing to stand up to defend democratic principles, writes in his commentary Rotorua’s Gerrymander for the 2022 Local Elections: “Mayor Steve Chadwick and at least four current Councilors are affiliated with Te Arawa and are supportive of Te Arawa's Vision 2050, which includes a vision of co-governance with the Rotorua Lakes Council. Several other Councilors are at least sympathetic towards Te Arawa's aspirations for co-governance and have recently voted accordingly. With a Te Arawa-affiliated Mayor or just one more Te Arawa-friendly Councilor, Te Arawa would have full control of Council and right-of-veto over any issue”.

Currently the Rotorua Lakes Council, as well as several other councils around the country, is undertaking a representation review, which councils are required to do at least once every six years, or if a council decides to establish a Māori ward/s. A representation review addresses the total number of councillors there should be for the district or region and the way they are elected. A review also covers the boundaries of wards and constituencies. For more details see Local Government Commission Representation Reviews.

Rotorua Lakes Council, as well as Nelson City Council and possibly others, appear to be taking the opportunity during their reviews to consider ways to further create political advantages for those on the Māori roll. Rotorua councillor Reynold Macpherson believes that Rotorua Lake Council’s initial proposal for public consultation is overly biased towards co-governance at potential cost to democratic values. The representation arrangement proposes a mixed model membership structure with 10 councillor seats and 1 Mayor. The proposed structure includes:

• 1 Mayor elected at large

• 1 Māori Ward with 2 seats

• 1 General Ward with 4 seats

• 4 “at large” seats

Under this model, those enrolled on the General Electoral Roll can vote for four ward members, and those enrolled on the Māori Electoral Roll vote for two ward members. Those enrolled on the General and Māori Electoral rolls can vote for the Mayor and four members ‘At Large’. To read more about this proposal see the Council’s website HERE.

Democratic principles and equal suffrage be damned!

Cr Macpherson points out that the proposed option doubles the voting power of those on the Māori Electoral Population, (which constitutes 28% of the total electoral population), to six votes while only increasing the voting power of General voters by one seventh to eight votes. “This appears to be a creative way of giving Māori voters disproportionate voting power which will be fundamentally undemocratic” he writes in his commentary Are the Mayor and Councilors trying to Rig the Election?

Another option the council considered consists of two wards: a General ward with seven elected members and a Māori ward with three elected members. Those enrolled on the General Electoral Roll vote for seven General ward members and those enrolled on the Māori Electoral Roll vote for three Māori ward members. Everyone would get one vote for Mayor.

This option meets democratic criteria, such as providing equal suffrage, because each vote has equal value. BUT this option is not being put forward for public consultation - thereby signifying that the council is seeking a predetermined outcome, as indicated by Cr Macpherson.

Have your say

Public consultation on Rotorua’s proposed model runs from 8 September to 8 October. Public hearings will be heard from 11 November. You can see further information and provide your feedback online at the council website HERE.

Media coverage

Rotorua Daily Post: Rotorua councillor Reynold Macpherson claims 'gerrymandering' in representation review debate

NELSON CITY COUNCIL

Nelson another local body which is proposing an arrangement to accommodate Māori wards which fails the equal suffrage test. There is a marked disparity in the proportion of residents per councillor in each ward. This is illustrated in the diagram below.

See: https://shape.nelson.govt.nz/representation-review

To be regarded as acceptable, the population per councillor in each ward must deviate less than 10 per cent from the average population per councillor.

Public consultation on the Nelson Council’s representation proposal is open, closing on 17 September.

NAPIER CITY COUNCIL

Meanwhile, Napier is still considering introducing Māori wards - making the decision whether to do so in November. They are currently seeking feedback from their citizens. See the Council website page ‘Māori Wards’ HERE. Submissions close on Friday 10 September.

BILL SEEKS TO ENTRENCH NGĀI TAHU REPRESENTATION FOR ECAN

The Canterbury Regional Council (Ngāi Tahu Representation) Bill is awaiting its second attempt at going through the legislative process, after previously being voted down on its first reading in 2019.

Should it be passed, the Bill will empower Te Rūnganga o Ngāi Tahu to appoint up to two members to the Canterbury Regional Council which is known as Environment Canterbury.

This Bill has been slammed as undemocratic by Waimate District Councillor Tom O'Connor. “These are not Māori wards, which are open to anyone on the Māori electoral roll,” O’Connor said. “These are one subset of an iwi having power, not by vote – but by appointment. It’s outrageously undemocratic”. See Stuff report: Ngāi Tahu representation bill slammed as 'undemocratic'

Local government Māori wards

Go back to the September 2021 newsletter

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A Ministerial review into the future for Local Government is underway “to consider how New Zealand’s system of local democracy and governance will need to evolve over the next 30 years, in order to improve the wellbeing of New Zealanders, and actively embody the Treaty partnership”. Ārewa ake te Kaupapa – Raising the platform Continue reading

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Submission on the Canterbury Regional Council (Ngāi Tahu Representation) Bill

Feb 03, 2022

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Māori wards update - May

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Local Body Elections 2019

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Last month we reported on the Horizons Regional Council vote to create a committee of councillors and iwi leaders to come up with strategies for managing Manawatū waterways. Continue reading

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Hastings District Council joins the Hall of Shame

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Good News - designated seats for Ngāi Tahu voted down

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The Waikato District Council Blueprint Project

Apr 08, 2019

It appears every act of special entitlement is simply used as a stepping stone to further power. We see an example of this in the Waikato District Council’s Blueprint project, with its pitch to build on the Joint Management Agreements and other agreements with iwi, and the proposal to appoint a ‘Maori Partnership Manager’ “to sit with the CE group, which will, appropriately, facilitate a “chief to chief” relationship” – with the assistance of an operational support person. There are only a few days left to have provide feedback. Go online to have your say by 5pm Monday 8 April. Continue reading

Democracy Action oral submission to Auckland Council re: designated Māori seats

Oct 02, 2023

Oral submission to the Auckland Council Governing Body on 2 October 2023 Good morning your worship Mayor Brown and Councillors. Thank you for this opportunity to share our views on the council’s proposal to introduce designated Māori seats. I am here representing Democracy Action – a group of citizens advocating for the protection of democracy and equality of citizenship. Continue reading

Auckland Council rejects Māori seat proposal

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After an impassioned debate, Auckland Council voted 11-9 against establishing Māori seats at the 2025 local body elections. Instead, they accepted a proposal put forward by Mayor Wayne Brown to look at Māori representation as part of a wider governance review to be undertaken by a working party made up of councillors and local board members. The working party has been asked to report back to the governing body by 31 December 2024, thereby missing the deadline to establish Māori seats for the 2025 election. Continue reading

Kāpiti Coast Council proposes Māori ward

Oct 01, 2023

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Māori seats for Auckland Council: Yes/No? Have your say

Sep 09, 2023

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Aucklanders' views to be sought on Māori wards

Aug 10, 2023

Following preliminary engagement with iwi and urban Māori in 2022, Auckland Council will shortly be asking Aucklanders for their feedback on whether they support - or do not support - the introduction of a dedicated Māori seat/s on Council. Public consultation will run from 21 August until 24 September. Continue reading

No intention to consult with Auckland citizens on Māori wards

Apr 06, 2022

Auckland Council is about to engage with mana whenua and mātāawaka about the creation of dedicated Māori seats but have made no plans to consult with the wider Auckland community - even though one of the two models under consideration does not comply with the important democratic principle of proportionality. The adoption of one of the models - the recommendation put forward by the Royal Commission when the supercity was established - would allow for three dedicated seats, thereby increasing Māori representation to a level greater than their proportion in the population. Continue reading

Rotorua Lakes Council pushing for Māori co-governance

Apr 06, 2022

The Rotorua Lakes Council no longer believes in one person one vote, each of equal value. Instead, it believes that if you are not Māori, your vote should be worth less. The Council is currently pursuing a law change to enable an undemocratic representation model to be implemented. The model it prefers would consist of three Māori ward seats, three general ward seats, and four at-large seats. However, adopting this arrangement would give the 19,791 citizens on the Māori roll 2.6 times the voting power of the 51,618 citizens on the general roll. Continue reading

Update on separate Māori representation on councils

Jun 04, 2021

Photo: Political lobbying - tikanga style Manawatū District Council chambers 20 May 2021 – how to turn a No to Māori wards vote to a Yes In a flurry of activity leading up to the final date to amend governance arrangements for the 2022 local body election, thirty-five councils have opted to establish Māori seats, some making an abrupt about-turn at the last minute after intense lobbying from iwi. Continue reading

Māori seats in local government a step to 50-50 power share

Jun 04, 2021

Photo: Andrew Judd hiding from a taniwha Before the ink has dried on the establishment of separate Māori seats on 38 councils, calls for "more equitable representation and a partnership with Māori" in a 50/50 power sharing model have arisen - not only from Māori sovereignty activists, but also from some councillors. Continue reading

Campaign to overturn direct democracy hots up

Nov 27, 2020

Local Government Minister Nanaia Mahuta is vowing to remove the public poll option when councils vote to create Māori wards. Mahuta, who retained the portfolio after the October general election, said she was "all ready to go once the government is formed". Continue reading

Compulsory Māori seats touted for Northland

Aug 03, 2019

Northland Māori are making a push for greater representation in local government, renewing calls for local Māori seats. Some say government intervention is necessary and that may include compulsory Māori seats. Pita Tipene of Ngāti Hine laments that local government legislation and processes are "shutting out our people". Continue reading

Maori wards for local authorities?

Dec 07, 2017

Four more councils have voted to foster racial division - councillors in Palmerston North, Manawatu, Whakatane and Western Bay of Plenty districts have voted to proceed with separate Maori wards, doing so without consulting their constituents. It is now over to locals to demand a vote. Help is being sought to collect signatures for petitions to spark polls in these areas. Continue reading

Maori wards supporters want to overturn the Māori ward poll law

Mar 08, 2018

In response to the binding poll in Palmerston North, a lobby group in the Palmerston North/Manawatu area has launched a campaign to promote the introduction of Maori wards, and to encourage voters to say "yes" to Māori wards in the upcoming referendums. A report on their campaign launch is available here. As well as campaigning to promote Māori wards, supporters want to overturn the law which enables voters to challenge any Māori ward decision through a binding poll. Continue reading

LGNZ's Campaign to Abolish the Poll Provision

May 04, 2018

Local Government NZ (LGNZ) is campaigning vigorously to abolish the sections the Local Electoral Act 2001 which relate to the rules for binding citizens initiated polls concerning the establishment of Maori wards. The members of National Council of LGNZ want its members to be able to impose Maori wards unchecked - thereby depriving members of local communities of an individual democratic right expressly written into law. For a comprehensive and well researched essay on this issue, please click HERE. This essay, authored by Michael Coote - a freelance writer and financial journalist - was published on the NZCPR website on 22nd April. Michael explains what LGNZ is seeking, and the reasons why. Continue reading

Citizens Get To Vote On Maori Wards - Congratulations To All Concerned!

Mar 08, 2018

Thanks to the hard work of locals, in some cases with the support of the people at Hobson’s Pledge, all five councils that voted to introduce Māori wards, (i.e. Manawatu, Whakatane, Western Bay of Plenty, Palmerston North and Kaikoura), will now be polling their citizens in a binding referendum as to whether they support Māori wards for their area. See Hobson’s Pledge media release here.

Countering The Campaign To Abolish The Poll Provision

Apr 04, 2018

Local Government New Zealand (LGNZ), along with the Green Party and ex-New Plymouth Mayor Andrew Judd, are agitating to remove those sections of the Local Electoral Act 2001 that allow for electors to vote on whether or not a city, district or region can establish Māori wards. Continue reading

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< September 2021 newsletter