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”. 

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.

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”.

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:

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.

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.

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. 

There are several mechanisms to encourage Māori to participate in local government that are specific to Māori citizens. These are set out in a range of Local Government related Acts, the Resource Management Act and Treaty settlement legislation.

“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.

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.