Māori Representation

in Local Government

Dr Judith Pryor

Survey background

• Request sent to 83 local authorities (excl. EBOP) on 12 July 2010:

• Has your council ever considered dedicated Māori representation as set out in s. 19Z of the LEA 2001? If so, when?

• 73 of 83 responded by 20 August 2010 (a response rate of 87.95%)

Section 19Z of Local Electoral Act 2001

• Councils may resolve that a district, city or region be divided into Māori wards or constituencies OR

• A poll – either initiated by the Council or by 5% of the public – may be conducted and every elector can vote on whether or not to establish Māori wards or constituencies

Local Electoral Act 2001

• Neither option is compulsory – Councils also have the option to do nothing

• The formula for determining Māori members, wards, constituencies is in the Act and is not a decision made by Council

How many councils had considered the issue?

• Of the 63 territorial authorities that responded, 53 had considered it

• Of the 10 regional authorities that responded, 9 had considered it

How many had not?

• Of the 62 territorial authorities that responded, 10 had not considered establishing Māori wards

• Of the 10 regional authorities that responded, 1 had not considered establishing Māori constituencies

When was it considered?

• Many councils considered the issue during representation reviews (which also considered other issues).

• Sections 19H and 19I of the LEA 2001 concern representation reviews: at least one must be held every 6 years.

Territorial AuthoritiesResponse Number %Never considered 10 15.87%

Yes but not further information supplied 2 3.17%

Yes as part of representation review 35 55.56%

Yes as part of council business or council resolution

9 14.29%

Yes and included a specific consultation process with iwi or Māori organisations

13 20.64%

Yes and conducted a poll of electors 3 4.76%

Yes but low Māori population in area means that the formula does not add up to one seat

9 14.29%

Yes and plans to implement in the future 1 1.59%

Regional AuthoritiesResponse Number %Never considered 1 10%

Yes but not further information supplied 0 0

Yes as part of representation review 5 50%

Yes as part of council business or council resolution

3 30%

Yes and included a specific consultation process with iwi or Māori organisations

1 10%

Yes and conducted a poll of electors 1 10%

Yes but low Māori population in area means that the formula does not add up to one seat

1 10%

Yes and plans to implement in the future 0 0

Progress towards implementing Māori wards

• Example of Far North District Council• Council resolved in principle to have

Māori wards once it moved to become a unitary authority

• Some engagement by Waitakere City, Manukau City and Franklin District

Reasons for not having Māori representaion

• Council resolution to maintain the status quo:‘The establishment of specific Maori wards creates an electoral privilege which is not regarded as being in the best interests of the city’s cultural development. The establishment of Maori wards has the potential to create confusion for electors as to how and for who they can vote ... There is a preference to continue discussion with Maori individuals and Maori organisations to engage the Maori community within Council activities and decision-making.’

Reasons for not having Māori wards

• Outcome of representation review following consultation with Māori:

‘Initial points raised at the hui included: 1. There would be a perception that someone elected to a Maori ward would hold a ‘second class’ position; 2. People on the Maori Electoral Roll wanted to be able to vote for all the candidates available, not just those standing for a Maori ward; 3. Maori people wanted representation in their own right, on merit, against all comers.‘

Reasons for not having Māori wards

• Council resolutions following input from Māori advisory committees (committee reasons):‘The Maori committee does not support the establishment of Maori constituencies for the local government elections of 2007 for the following reasons: 1) non-tangata whenua could stand for election and deny tangata whenua their mana whenua in terms of regional council roles and functions; 2) the committee does not want to risk the demise of the Maori committee should constituencies be established.’

Reasons for not having Māori wards

• Outcome of representation review following public feedback:‘Some public feedback was received on the issue and whilst not a significant response thereon, those that did respond showed an overwhelming opposition to the establishment of such (73% were against). The results of the public feedback were conveyed to Council at a workshop on 17 October 2005 and Council ultimately agreed not to proceed any further with that option’.

Reasons for not having Māori wards

• Outcome of representation review following a poll of electors:‘As part of the review, the Council decided that this was an issue that affected all residents and therefore the community needed to determine whether separate Maori representation should be introduced. A referendum was subsequently held as part of the 2007 elections with the following outcome: I vote FOR the introduction of Maori wards - 2894. I vote AGAINST the introduction of Maori wards - 6762.’

Reasons for not having Māori wards

• Outcome of representation review, noting population characteristics:‘At both formal reviews, [the Council] decided not to use a ward system, instead all Councillors are elected at large. This in itself would not preclude the creation of a Maori ward, but it would be difficult to achieve this [in the city] where the Maori population would result in 0.8 councillor. Under the Electoral Act this would be rounded up to one seat but we note that territorial authorities within significantly higher proportion of Maori have not succeeded in introducing Maori wards.’

Reasons for not having Māori wards

• Never considered – low Māori population

‘The total general population is very small in our district ... and the Maori proportion of that is one of the lowest, if not the lowest, in the country. There does not appear to have been a call for this to be considered by either the council or the community.’

Reasons for not having Māori wards

• Never considered – Māori able to stand in general seats‘We have one Memorandum of understanding with one runanga and one further in development. There has not been any further request from either of these groups to consider the matter. Our view would be that if they seek representation, nominations for council elections are open currently and that avenue is open for all groups in the community.’

Issues arising

• How best to provide for the interests and participation of an (Indigenous) minority?

• Is proportion of the population an appropriate basis for determining Māori representation or is it dependent on Indigenous status?

• How best to provide for mana whenua and taura here groups?

Issues arising

• How best to proceed when there may be a lack of consensus among Māori groups in the area?

• Are dedicated Māori wards or constituencies the best vehicle for realising Māori aspirations in an area?

• Does putting Māori wards or constituencies on the agenda enhance existing engagement with Māori?

Role of central government

• Do dedicated Māori wards or constituencies need to be legislated?

• Local government has had nearly 10 years to address this issue

• The Crown not local government is the Treaty partner

• At present there is little compulsion for local government to act if they are not include to do so