GOVERNMENT SET TO ENDORSE RADICAL CHANGE TO ELECTORAL LAW

Susan @DEMOCRACYACTION
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Aug 01, 2022
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< August 2022 newsletter

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.

Accountability - and the ability to remove elected representatives at the next election - is a key element of democracy. But under this legislation accountability to the electorate would not apply to the representatives of Ngāi Tahu.

Furthermore, establishing a system that gives extraordinary governance privileges to Ngāi Tahu is incompatible with the principle of equality of citizens. Members of Ngāi Tahu who live in the Canterbury region will be represented twice – both by the person they vote for, and by those appointed by the iwi leaders.

THE GOVERNMENT SKIRTS THE BILL OF RIGHTS

Considering the recent report from the Attorney-General over the discriminatory nature of the Rotorua District Council (Representation Arrangements) Bill and how it contravenes our Bill of Rights, one would think this would also apply to the ECAN bill. But that’s not the way Crown Law sees it. In its convoluted advice to Attorney-General David Parker, Crown Law said the bill "proposes to confer rights on Māori that are not conferred on other people", and that the bill could "therefore be seen to draw distinctions on the basis of race or ethnic origins". But Crown law also said

"The extent to which the distinctions reflect the status of Māori as the Crown's Treaty partner, and the Crown's duties under Te Tiriti o Waitangi, we do not consider any other group is in a comparable position”.

Incredibly, Crown law advised this meant the bill did not breach the Bill of Rights!

For further comment on the proposed legislation, please see January newsletter article -

BILL RIDES ROUGHSHOD OVER NATION’S DEMOCRATIC PRINCIPLES

Also, click HERE for the link to both the Democracy Action written and oral submissions on the bill, which outline the reasons for our opposition.

Media coverage

National Party press release: National Will Restore Equal Voting Rights

NZ Herald: The next Rotorua? Govt likely to pass Ngāi Tahu bill

Local government Local Body

Go back to the August 2022 newsletter

Local Government Review Call for Submissions

Feb 18, 2023

The juggernaut advancing major constitutional changes to the way our country is governed continues to roll on, much of it flying under the radar. The Government’s radical restructuring agenda includes a review of local government, the purpose of which is “to identify how our system of local democracy and governance needs to evolve over the next 30 years, to improve the wellbeing of New Zealand communities and the environment, and actively embody Te Tiriti partnership”. Continue reading

Future for Local Government review proposes radical change

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LGNZ has lost the plot!

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Local Government New Zealand (LGNZ), an organisation that purportedly represents the interests of local authorities (and by extension local communities), appears to have changed its prime allegiance from local authorities to central government. Continue reading

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The Government’s radical plan to impose co-governance over all aspects of the New Zealand government came a step closer with the release of the Review into the Future for Local Government draft report. Read the report here. Continue reading

COUNCILS TO BE FORCED TO CONSIDER MĀORI WARDS EVERY SIX YEARS

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Local Government Minister Nanaia Mahuta wants to make it mandatory for councils to consider Māori wards. “Under the proposed changes, when councils undertake their regular Representation Review every six years, the first step must be a decision about whether to establish Māori wards or constituencies. Currently there is no obligation to consider Māori wards at all”, said Ms Mahuta. Continue reading

Radical changes to local government afoot

Jun 07, 2022

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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As local body elections loom in September/October, concerns are being expressed that councillors are insufficiently resourced to effectively represent their constituents. Continue reading

Taupō District Council throws democracy under the bus!

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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?

Apr 06, 2022

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

Feb 03, 2022

WRITTEN SUBMISSION Democracy Action does not support the Bill. We do not support establishing iwi-based power by appointment in our governance arrangements. Therefore, we oppose the purpose of the Act, that is, to enable Te Rūnanga o Ngāi Tahu to appoint up to 2 members to the Canterbury Regional Council. We urge the Government to reject the Bill in its entirety. Continue reading

Future for Local Government Review signals Treaty-based local governance

Nov 04, 2021

Local government is facing a wave of radical changes - such as the overhaul of the three waters sector and the resource management system - that will significantly affect their traditional roles and functions. Continue reading

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

Sep 03, 2021

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”. Continue reading

Government plans to seize ratepayers’ assets - without compensation

Aug 02, 2021

Local Government Minister Hon Nanaia Mahuta has announced further details of the Government's regulatory and structural reform of water service delivery in New Zealand. The plan is for an unprecedented transfer of billions of dollars of ratepayer-funded assets from local bodies to four entities. Continue reading

Local Government update

Aug 02, 2021

Government plans a local government system that actively embodies the Treaty partnership. On 23 April 2021 the Minister of Local Government established a review into the future for Local Government: “The overall purpose of the Review is, as a result of the cumulative changes being progressed as part of the Government’s reform agenda, to identify how our system of local democracy and governance needs to evolve over the next 30 years, to improve the wellbeing of New Zealand communities and the environment, and actively embody the Treaty partnership”. Continue reading

Tauranga citizens to be further disenfranchised

May 04, 2021

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

May 04, 2021

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

May 04, 2021

Photo: Penny Smart, Chair of Northland Regional Council The partnership-with-iwi provisions are creating significant cost pressures for councils. This includes large and on-going costs associated with implementing and maintaining the variety of ways Iwi/Māori are involved in local government and contribute to council decision making. Continue reading

Further Councils Considering Establishing Māori Wards

Apr 09, 2021

Councils: Waipa, Hawke’s Bay, Horizons, Horowhenua, Hamilton As mentioned in last month’s newsletter, the new Local Electoral (Māori Wards and Māori Constituencies) Amendment Act 2021 extended the deadline for councils to consider Māori wards for the 2022 triennial local government elections to 21 May 2021. This has brought forward a flurry of proposals and votes. Continue reading

Government legislates away a democratic right

Mar 16, 2021

“Labour will ensure that major decisions about local democracy involve full participation of the local population from the outset.” So pledged the Labour Party during the 2020 election campaign. Just four months later they have broken this promise in spectacular fashion, passing under urgency the Local Electoral (Māori Wards and Māori Constituencies) Amendment Act - thereby abolishing the right of local communities to petition for a referendum on Maori wards or constituencies. Continue reading

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

Feb 05, 2021

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

No respect for democracy - Government to muzzle citizens

Feb 05, 2021

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!

Nov 27, 2020

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

Oct 16, 2020

Every six years local bodies are obliged to review the ward system. We have seen a flurry of such activity over the past few months, with both New Plymouth and Tauranga acting to establish Māori wards, and others considering whether to follow suit. Continue reading

More councils adopt racially-selected appointees

Dec 12, 2019

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

Dec 12, 2019

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

Aug 03, 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

Jul 01, 2019

Please see below some examples from around the country: Earlier this year the Minister of Conservation signed a partnership agreement between the ministry, DOC and Auckland iwi Ngai Tai ki Tamaki, to share in the management of natural resources, and cultural and historical heritage. Ngai Tai ki Tamaki’s role is that of guardians and stewards. They are seeking to establish an ‘iwi conservancy’ over land and taonga species. They are based at Umupuia, just south of Maraetai, on the shores of the Hauraki Gulf. Yet they claim an area of interest, and therefore influence, that stretches from north of Auckland, down to Tauranga, including the whole of the Coromandel Peninsula; much of the Manukau Harbour in the west, and out past Gt. Barrier Island in the east, as shown below. Continue reading

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

Apr 08, 2019

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

Jun 06, 2018

The Auckland Plan 2050, the long-term strategy for Auckland’s growth and development, and which provides a framework to inform decisions, has been adopted by Auckland Council. Continue reading

Implementation of Treaty settlements creating significant cost pressures

Mar 04, 2019

The Waikato Regional Council’s draft submission to the Productivity Commission’s inquiry into Local Government Funding and Financing reveals that the implementation of Treaty of Waitangi settlements creates significant cost pressures for Council. The submission states that “the Council wishes to work with its iwi partners in partnership but notes that the costs to do so is significant to its ratepayers”. Continue reading

Hastings District Council joins the Hall of Shame

Apr 08, 2019

A big thank you to those who contacted Hasting District councillors to encourage them to vote against the proposal to enable four members of the Maori Joint Committee to sit and vote on the council’s four standing committees. Unfortunately, enough councillors (10-4) felt able to turn their back on democracy by appointing unelected Maori to all committees. Continue reading

Good News - designated seats for Ngāi Tahu voted down

Apr 08, 2019

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

Apr 08, 2019

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

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

IS POSTAL VOTING UP TO SCRATCH?

Jun 10, 2023

The integrity of our electoral system is critical to upholding our democratic system. However, the 2022 election exposed serious issues about the way we conduct local body elections. Continue reading

Proposed changes to our electoral system

Nov 06, 2022

The Ministry of Justice is currently reviewing our electoral law. The government-appointed Independent Electoral Review panel is inviting feedback on the future of our electoral system. Continue reading

Local body elections – backing democratic governance and political equality

Sep 02, 2022

Candidate nominations for this year's local body elections have closed, and campaigning for a place at the council table is well underway. Now is the time to ask the contenders the crucial questions – before casting our votes we need to know their intentions and their stance on issues of concern. Continue reading

Urgent judicial review of discriminatory Rotorua Council Bill

May 06, 2022

“It is premature to declare victory over the Rotorua District Council (Representation Arrangements) Bill”, writes Rotorua Councillor Reynold Macpherson. “It has not been withdrawn, only ‘paused’. If you want to defend democracy against co-governance, please submit an Affidavit in Support of a private citizen’s application for a judicial review”. Continue reading

Locals campaign to restore democracy at Tauranga City Council

Apr 06, 2022

The Government has decided to extend the stay of Tauranga City Council’s commissioners for a further two-and-a-half years. The dissolution of the elected council in February 2021 was always meant to be a temporary emergency measure with full local democracy restored in 2022. However, the Wellington-appointed commissioners asked the Government to delay local elections for at least another year, which the Minister of Local Government, Nanaia Mahuta, obligingly extended until July 2024. 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

Time to Vote - Local Body Elections 2019

Oct 04, 2019

Voting in local body elections is under way, with the poll closing noon 12 October. With the push for co-governance and partnership arrangements gathering speed, there’s a lot riding on our choices this election. The next three years will make a huge difference to our future. Continue reading

Vote for me! Local body elections 2019

Sep 04, 2019

The upcoming election gives us the opportunity to voice our opinions, to hold elected representatives to account, and to vote for what we believe in. So please take all opportunities to question those standing for office. You could also identify those candidates you can support and offer your help as they campaign. We at Democracy Action believe our representatives should be voted on merit, not race. As Gisborne Herald columnist, farmer, community worker, and heritage consultant Mr Clive Bibby writes in his article 'Diversity best achieved naturally' “The majority of people do not judge by colour, religion, age, sex or disability. They judge you by what you believe in, what you hope to do, what you bring to the table, whether you will work hard for them and represent their voices at the council or health board table.” Continue reading

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< August 2022 newsletter