The Labour Government’s divisive legacy continues to influence government policy today. During her reign as Local Government Minister, Nanaia Mahuta — elected by the Māori electorate — introduced policies that were explicitly aimed at benefitting her constituency. One of these is reflected in the proposed introduction of a standardised code of conduct for elected members of council, which includes significantly expanded Treaty obligations. Another is the intention to empower the Secretary for Local Government (an unelected public servant) to issue a standardised code of conduct which would be binding on all councils.
The current government is progressing these plans.
As advocates for democracy and equal citizenship, we are concerned that the proposed code of conduct adopts an overly zealous interpretation of the Local Government Act. This comes despite the Government’s promise to review references to the principles of the Treaty of Waitangi in legislation — including the Local Government Act — and despite a recent High Court decision (Hart v Marlborough District Council [2025] NZHC 47). The Court confirmed that councils are not Treaty partners, noting: “Local authorities are not directly subject to the Treaty of Waitangi and its principles, as they are not part of the Crown and thus not party to the Treaty.”
Here is the Te Tiriti o Waitangi clause in the draft standard code of conduct
Te Tiriti o Waitangi
8. Members are expected to operate and make decisions in manner that recognises and respects the significance of Te Tiriti o Waitangi taking into account the following principles:
• Tino Rangatiratanga: The principle of self-determination provides for Māori self-determination and mana motuhake. This requires local authorities to be open to working with mana whenua partners in the design and delivery of their work programmes,
• Partnership: The principle of partnership implies that local authorities will seek to establish a strong and enduring relationship with iwi and Māori, within the context of iwi and Māori expectations. Kaunihera should identify opportunities, and develop and maintain ways for Māori to contribute to kaunihera decisions, and consider ways kaunihera can help build Māori capacity to contribute to council decision-making,
• Equity: The principle of equity requires local authorities to commit to achieving the equitable delivery of local public services,
• Active protection: The principle of active protection requires local authorities to be well informed on the wellbeing of iwi, hapū and whanau within their respective rohe,
• Options: The principle of options requires local authorities to ensure that its services are provided in a culturally appropriate way that recognises and supports the expression of te ao Māori.
Code of conduct risks muzzling councillors
There are differing views about obligations under the Treaty of Waitangi, and whether the Treaty created a partnership between Māori and the Crown. Elected council members — who are bound by a code of conduct — should not be forced, under threat of censure, to adopt a political position that is highly contested and one they may strongly oppose. Councillors must be allowed to speak freely and openly about this issue.
Have your say!
We recommend that the Local Government Commission remove Clause 8 - Te Tiriti o Waitangi - from the proposed Code of Conduct
The draft code is open for public feedback, but we have only a few days to submit - until Friday, 26 September 2025.
Please send your feedback directly to the Local Government Commission, via email to [email protected]
As well as making a submission, contact Local Government Minister Simon Watts to request the removal of Clause 8 from the draft code of conduct, reminding him that the Coalition Government pledged “to defend the principle that New Zealanders are equal before the law, with the same rights and obligations, and with the guarantee of the privileges and responsibilities of equal citizenship in New Zealand”. (Coalition Agreement New Zealand National Party & New Zealand First). His email address is: [email protected]
Reasons why the Te Tiriti o Waitangi clause is of concern include the following issues:
- The Treaty provisions are a threat to democratic principles. The call for closer engagement with iwi and Māori risks giving disproportionate weight to those interests rather than ensuring that policy reflects the interests of the whole community. This undermines the concept of equal representation, and contradicts the provision in the draft Code of Conduct, which states that members will:
“ensure that they are not under an obligation to those who might inappropriately try to influence them in the performance of their duties.”
- If iwi groups participate as co-designers and co-deliverers of council programmes, the line between providing input and making decisions can be unclear. This can reduce transparency and accountability, making it harder for the public to maintain confidence in council decisions. This undermines democracy.
- Iwi organisations have their own commercial interests. When they participate in resource management or council spending, there is a risk of perceived conflicts of interest if decisions favour iwi interests over those of the wider community.
- The requirement to “help build Māori capacity to contribute to council decision-making” puts a further financial and administrative burden on councils.
Secretary for Local Government to be granted powers to bind all councils
Of further concern is the provision in the Local Government (System Improvements) Amendment Bill, which empowers the Secretary for Local Government – an unelected public servant – the right to issue a standardised code of conduct which would be binding on all councils. It is already mandatory for councils to have a code of conduct, but Councils develop their own specific code of conduct for their elected members, a far more democratic process.
The opportunity to submit on the Bill has closed, but we can still send our views directly to the Local Government Minister, Simon Watts. His email: [email protected]