< 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

rotorua_representation_review_Page_1.png

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.

ward_by_numbers.png

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'

Go back to the September 2021 newsletter


RELATED ARTICLES


Local Government Review Call for Submissions

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LGNZ has lost the plot!

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A recipe for ‘differentiated citizenship’

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GOVERNMENT SET TO ENDORSE RADICAL CHANGE TO ELECTORAL LAW

The Canterbury Regional Council (Ngāi Tahu) Bill, creating permanent Ngāi Tahu representation on Environment Canterbury (ECAN), undergoes its third reading this week. This legislation represents a significant shift away from two key principles of democracy: equal suffrage and accountability at the ballot box. Continue reading

Radical changes to local government afoot

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

ARE COUNCILLORS BEING SET UP TO FAIL?

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Taupō District Council throws democracy under the bus!

Are the current murmurings of Mt Ruapehu a sign that the gods are not happy with the new Taupō Council agreement?  Taupō District Council recently signed a Mana Whakahono ā Rohe agreement with Ngāti Tūrangitukua that has taken a statutory obligation under the RMA much further than required under the legislation - to a whole new level of co-governance. This agreement includes of a range of policy, planning and operational areas outside of the RMA. Continue reading

Council Codes of Conduct - a tool for muzzling councillors?

Former Prime Minister Sir Bill English described Codes of Conduct as a threat to democracy a good 15 years ago, but we didn't heed his warning. Today they are being used by Councils as a tool to silence our elected representatives - blocking criticism by councillors. This is undermining the democratic process.  Codes of Conduct are designed to ensure the reputation of the Council is upheld within the community. They are not meant to be used as a means of preventing elected members from expressing their views. However, it appears this is happening to an alarming degree. Continue reading

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

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Future for Local Government Review signals Treaty-based local governance

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Government plans to seize ratepayers’ assets - without compensation

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Local Government update

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Tauranga citizens to be further disenfranchised

The anti-democratic madness continues apace in Tauranga. Following the Government-appointed Commissioners recent decision to establish a Māori ward, they have also agreed to a new committee – the Strategy, Finance and Risk Committee - which embodies the 'Treaty partnership', but goes further than that, effectively shutting out the wider community. Continue reading

Māori wards update - May

Even though time and time again referenda have shown that most New Zealanders are opposed to race-based voting systems, 24 local authorities have recently either made the decision to proceed with Māori wards or have indicated an intention to do so. In addition to those mentioned in the April edition of the Democracy Action newsletter, the following have voted to proceed down this path: Continue reading

The cost to ratepayers of implementing the partnership principle

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Further Councils Considering Establishing Māori Wards

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Government legislates away a democratic right

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Step by step, the undermining of democracy continues……….

Maori wards are not the only avenue for separate local government representation for Māori. Continue reading

No respect for democracy - Government to muzzle citizens

In a shock announcement, the Government reveals it intends to use the extraordinary powers reserved for use when the nation is under threat to get rid of legislation that enables referenda on Māori wards. Continue reading

We want a vote on Māori wards!

The Local Electoral Act’s binding poll system is a form of direct democracy that enables local electors to choose for themselves by simple majority vote whether or not they support race-based council representation. However, to trigger a poll 5 percent of electors must support a petition to hold the referendum. Campaigns to do so have already started in several regions. Please offer your support and encouragement to those who are standing up for the right to have a say on whether we support designated race-based seats at the council table. Continue reading

Mayors seek law change to thwart citizens’ right to have a say on Māori wards

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More councils adopt racially-selected appointees

Despite constituents strongly opposing separate race-based representation, as shown in referenda held in 2018, the number of councils across New Zealand which have appointed unelected members with voting rights to council committees has grown exponentially over the last couple of years. The following are examples (by no means the total number) of councils who have recently taken the obligation to consult with Māori to an undemocratic level: Continue reading

Yahoo! A double win for democracy

We end the year with the welcome news that the bill making it harder to remove the Māori seats from Parliament has been voted down at the second reading, with New Zealand First opposing the change. Only Labour and the Green Party supported the legislation. The bill cleared its first hurdle in Parliament last year with the unlikely support of New Zealand First, which opposes the Māori seats. The party wanted to use the bill as a vehicle to hold a two-part referendum on the seats, asking whether they should be entrenched or done away with altogether. But no referendum was added after the select committee stage. Continue reading

Local Body Elections 2019

The Democracy Action working group is preparing a set of questions to ask candidates. Please take the opportunity to call radio shows with guest candidates, and attend public meetings, to ask a question or two. Continue reading

The undermining of our democracy continues apace

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‘Partnership’ - a way of heading off costly litigation?

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

Auckland Plan 2050 Adopted – With The Anti-Democratic Provisions

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Implementation of Treaty settlements creating significant cost pressures

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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

New Zealand First has scuppered Labour's bid to give Ngāi Tahu permanent seats on the Canterbury Regional Council, saying its special treatment for Māori. Shane Jones acknowledged the party's long-held position against separate seats for Māori on local body councils. Continue reading

Auckland Council’s ‘Our Water Future’ - Remember to have your say

Auckland Council recently released a discussion document on developing ‘a water strategy to ensure a secure, sustainable, and healthy future for water in Auckland’. We covered this issue in the March update, but to briefly recap, as to the advancement of a co-governance agenda, concerns centre on the following statements: Continue reading

The Waikato District Council Blueprint Project

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

The welcome reinstatement of a democratic right

A more democratic approach to Māori wards is being proposed by the government, one which would allow voters to challenge any decision made by councils regarding Māori wards through a binding poll. This proposal is outlined in the Local Government (Electoral Legislation & Maori Wards & Maori Constituencies) Amendment Bill. Continue reading

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

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

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

Kāpiti Coast District Council is seeking the community’s views on whether to establish a Māori ward. A Māori ward councillor would represent citizens on the Maori roll. Feedback closes at 5pm Friday 13 October. See: https://haveyoursay.kapiticoast.govt.nz/MaoriWard Continue reading

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

Citizens of Auckland - please take this opportunity to say whether you want the council to introduce Māori seats. Consultation closes at 11:59pm on Sunday 24 September 2023.  Auckland Council is currently seeking feedback on their proposal to introduce up to three dedicated Māori seats. Continue reading

Aucklanders' views to be sought on Māori wards

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

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

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

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

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

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

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

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

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.

Maori wards for local authorities?

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

Countering The Campaign To Abolish The Poll Provision

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

Maori wards supporters want to overturn the Māori ward poll law

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

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