< October 2020 newsletter


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

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. 

Some councils, such as Nelson and Waipā, voted against pursuing a Māori ward because of the prospect of having the decision voted down by the community. Instead, they are seeking a law change to thwart citizens’ right to have a say on whether they support Māori wards. Nelson Mayor Rachel Reese is to write to the Local Government Minister, asking for a change to the 2001 Local Electoral Act to remove this protection of what she calls a “discriminatory piece of legislation”.

Waipā District Council has opted instead to appoint iwi representatives – with voting rights - to each of its four committees, but Mayor Jim Mylchreest is reported as saying he hopes legislation will change to make it easier to introduce Māori wards in the near future.

N.B. Waipā District Council recently budgeted 8%, (i.e. more than $2M), of its shovel-ready projects for iwi engagement.

Bruce Moon, in his opinion piece Democracy in Peril, points out that “There are constitutional issues here in which the public voice has a fundamental right to be heard. The existing poll right with respect to a Maori ward is a constitutional right of all New Zealanders and any attempt to remove it should properly be put to a national referendum”.

And:

“We may ignore these danger signs at our peril or very soon we shall find ourselves accelerating down that slippery slope which already the Government’s fake “partnership” is propelling us until the day comes when the concepts of universal and equal suffrage are but a distant memory”

Too right, Bruce!

Media coverage

Stuff: Pressure on for law change to introduce Māori wards to councils 

Stuff: Why it appears Kiwis won't stand for Māori wards

Taranaki Daily News: Kaumātua repeatedly criticises Taranaki regional councillors at meeting over previous decision on Māori seat

Stuff: Greater Wellington Regional Council to discuss a Māori seat at its top table

Dominion Post: Māori representation on Wellington council a step closer

The Wanaka Sun: No Māori ward for Queenstown Lakes

Taranaki Daily News: Stratford council to start conversations with iwi after delaying Māori representation decision

Go back to the October 2020 newsletter


RELATED ARTICLES


Local Government Review Call for Submissions

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

As part of the Government’s wide-reaching reform agenda, (think education and health sectors, three waters, the conservation estate, the RMA replacement), a two-year ministerial review into the future for Local Government was launched in April 2021. The purpose of the review 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

LGNZ has lost the plot!

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

A recipe for ‘differentiated citizenship’

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

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

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?

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!

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

  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

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?

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

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

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

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

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

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

“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……….

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

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

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?

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

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

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

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

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

IS POSTAL VOTING UP TO SCRATCH?

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

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

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

“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

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

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

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

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

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

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

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

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

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 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

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