Ordinary Meeting of Council - 18 October 2021 - Open Agenda Item 1
1. Consideration of the establishment of Māori wards for the 2025 local authority election in Napier
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Type of Report: |
Legal and Operational |
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Legal Reference: |
Local Government Act 2002 and Local Electoral Act 2001 |
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Document ID: |
1387230 |
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Reporting Officer/s & Unit: |
Mōrehu Te Tomo, Pou Whakarae Adele Henderson, Director Corporate Services |
1.1. Purpose of Report
This report:
· provides an overview of the Māori wards mechanism as provided by the Local Electoral Act 2001,
· gives a high-level background to the kōrero around Māori ward(s) for Napier City Council, and
· summarises the consultation activities in August and September 2021 and views expressed by the community about the establishment of Māori ward(s).
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That Council: a. Note central government’s changes to the Local Electoral (Māori Wards and Māori Constituencies) Amendment Act 2021 to facilitate Māori participation in Council decision making. b. Note the public feedback collected through Napier City Council’s Māori ward(s) consultation process which took place between April and September 2021. c. Note the feedback on Māori ward(s) does not constitute a binding poll as per Local Electoral (Māori Wards and Māori Constituencies) Amendment Act 2021. d. Adopt one of the following options in relation to Māori ward(s) ahead of the 2025 triennial election: i. Resolve to establish Māori ward(s) for the 2025 triennial election, noting that a representation review would then determine the total number of elected members, ward boundaries, and election structure. ii. Resolve to not establish Māori ward(s) for the 2025 triennial election, noting that such a decision could technically be consulted on again and reversed up until 23 November 2023. iii. Resolve to defer a decision on the establishment of Māori ward(s) for the 2025 election until no later than 23 November 2023, with the option to consider further engagement activity. e. Note that, irrespective of the decision about Māori ward(s), Napier City Council is legally required to conduct a representation review, and settle on a final outcome regarding representation arrangements for 2025 (e.g. number of elected members, number of wards, ward boundaries) by 20 November 2024. Recommendations about these arrangements will come back to Council. |
1.2. Māori wards and the Local Electoral Act 2001/Local Government Act 2002
1.2.1. What are Māori wards?
Councils have a statutory responsibility under the Local Government Act 2002 (the LGA) to facilitate participation by Māori in local authority decision-making[1] and to report regularly on the steps it is taking to meet this requirement.[2] The Local Electoral Act 2001 is another framework that encourages Māori participation.
The Local Electoral Act 2001 (the LEA) provides that councils may decide their own representation arrangements, including whether to establish Māori and/or general wards. Wards provide for the democratic representation of communities of interest within a council area. The option to establish one or more Māori wards aims to increase Māori representation and participation in local authority decision-making.
A Māori ward is one way Council may choose to define a community of interest. Instead
of grouping electors by geographic location, like other wards, all electors who are on the Māori electoral roll would be grouped into a Māori ward (or wards).
Electors on the Māori roll would vote for any candidates standing in the Māori ward(s), and the Mayor. If Napier had ‘at large’ seats, all electors would also vote for those candidates, regardless of which roll they were enrolled on. This is the same as for electors on the general roll in any of the other wards. The electors on the Māori roll simply vote for candidates standing in the Māori ward(s) instead of the relevant general ward. All other votes remain the same.
The number of members elected through a Māori ward(s) mechanism is set by a formula in the LEA. Should Napier establish Māori ward(s), based on current number of elected members, there would be two Māori ward members on Council. The final calculation would be conducted as part of a representation review, already scheduled to take place in 2024 irrespective of the decision about Māori ward(s). More information about the calculation, and the representation review process, is included as an appendix to this report.
To be eligible to stand for election in a Māori ward, a candidate must be:
• A New Zealand citizen (by birth or citizenship ceremony), and
• Enrolled as a Parliamentary elector, and
• Nominated by two electors whose names appear on the electoral roll within ward that a candidate is standing (in the case of Māori wards, the Māori electoral roll).
As such, a candidate does not have to be Māori to stand for election in a Māori ward.
1.2.2. Establishment process and 2021 amendments
The Local Electoral (Māori Wards and Māori Constituencies) Amendment Act 2021 (the Amendment Act) came into effect on 2 March 2021 and made some important changes to the way in which Māori ward(s) are established.
Particularly, the Amendment Act repealed the provisions that related to binding polls on the establishment of Māori ward(s).
Previously, local referendums (“polls”) could be held (or demanded by 5% of the electoral population), gauging whether a council should establish Māori ward(s). These polls were binding and regardless of the outcome, councils could not reconsider the issue of Māori representation until two triennial elections had passed. Historically, in New Zealand all polls but one have overturned councils’ attempts to create Māori ward(s), and had become an active deterrent to councils considering establishing Māori ward(s), due to the community division that was generated, and the expense that was incurred.
The Amendment Act removed these binding polls, and also established a transition period (which ended on 21 May 2021) during which any council could, regardless of any previous decisions or previous poll outcomes, reconsider whether Māori ward(s) should be established in their area in time for the 2022 local elections. By removing these polls, the Government intended to make it easier for councils to establish Māori ward(s), in order to help the Government and councils to meet their responsibilities under Te Tiriti o Waitangi, and strengthen the Māori−Crown relationship at a local level.
During the Act’s transitional period (1 March to 21 May 2021), 35 of the country’s 78 councils opted to establish Māori ward(s), including Hastings District Council and Hawke’s Bay Regional Council. Three councils already had Māori ward(s) before 2021. Ten are not eligible due to a low number of Māori voters in their area. Three councils, including Napier City Council, delayed the decision to enable public consultation on the matter. The remaining 27 councils chose not to consider the establishment of Māori wards at all.
The Amendment Act was identified as the first stage of a two-stage legislative process, with the second stage intended to improve the alignment of the Māori wards process with the general wards process. The initial amendment was primarily to allow councils to make decisions ahead of the 2022 local elections. At the time of writing, there are few details available about what the further legislative changes might entail.
1.2.3. The new process for establishing Māori ward(s)
The ability to establish Māori ward(s) in time for the 2022 elections has now passed. Under the amended LEA, any council may resolve to establish Māori ward(s) for the 2025 local elections at any time before 23 November 2023.
If a council resolves to establish Māori ward(s), this decision is final and will be factored into the next representation review, which must be finalised by 20 November 2024. The representation review process is explained in an appendix to this report. Any resolution to establish Māori ward(s) would stand for at least the next two local triennial elections (2025 and 2028), and any associated elections (by-elections, for example). After that, a council would continue to have Māori ward(s) unless the council resolved to disestablish them.
If a council chooses not to establish Māori ward(s) in time for a particular election, that decision can be reviewed in time for the following election, provided decisions are made, and a representation review conducted, within statutory timeframes. If Napier City Council decides not to establish Māori ward(s) now, technically that decision could be revisited and overridden provided a Council resolution to establish Māori ward(s) was made before 23 November 2023.
1.3. Discussion and decisions to date
Māori ward(s) have not featured in any previous Napier City Council election.
A report was taken to the then Community Service Committee on 25 October 2017 recommending that Council not establish Māori ward(s) for the 2019 and 2022 local elections. This report was prepared after public engagement on the question “should Napier City Council establish Māori wards?”, with a survey conducted via Survey Monkey following two adverts in the Napier Mail, two weeks of Facebook campaigns, and posters and information provided at libraries and Council’s Customer Service Centre. 78% of public feedback was against the establishment of Māori ward(s) at that time.
In addition to the online engagement, Council also approached leaders of mana whenua entities, who shared mixed views on the prospect of Māori ward(s) at the time. Some groups saw Māori ward(s) as a way of achieving greater Māori representation, while others didn’t think they were necessary as there were talented and capable Māori that could stand as general candidates.
On 8 November 2017, Napier City Council resolved not to establish Māori ward(s) for the 2019 and 2022 local elections.
As outlined above, the 2021 Amendment Act included a transitional period, whereby any council, regardless of any previous decisions or poll outcomes, could resolve to establish Māori ward(s) for the 2022 local elections, provided that resolution took place on or before 21 May 2021. This transitional arrangement brought the potential for Māori ward(s) into sharp focus, as other councils in Hawke’s Bay, including Hastings District and Hawke’s Bay Regional Councils, decided in favour of establishment.
An informal meeting was held between members of Council’s Māori Committee and elected members on 20 April 2021. At that meeting, Council’s Māori Committee noted they were fully supportive of Māori ward(s) being implemented with urgency, but stressed the importance of a fair and due process being completed. If a fair and due process was unable to be achieved, the Committee recommended Council make some firm commitment to ensure significant progress was made.
At the Council meeting on 22 April 2021, Napier City Council resolved not to proceed with urgent consultation in order to make a decision by the 21 May 2021 deadline. Instead, Council undertook to conduct thorough and standalone consultation about the prospect of establishing Māori ward(s) and committed to making a decision by November 2021. During that meeting, Council acknowledged the pain and frustration for mana whenua and tangata whenua caused by the deferral of this decision, but committed to working with all of the community in a collaborative and considered way.
1.4. Consultation process
Following the decision on 22 April 2021, Council immediately began engagement activities around the opportunity to establish Māori ward(s) for the 2025 triennial elections. Consultation was required based on assessment of the decision against Council’s Significance and Engagement Policy. The number of people affected, the community interest, and the relative irreversibility of the decision all led to a conclusion that this is a significant decision for Council.
Detail about the consultation approach can be found in a separate document appended to this report. As a summary, consultation included:
· Elected Members and Council officers available to attend hui held by organisations and community groups to discuss the prospect of Māori wards,
· A hui hosted by Council’s Kaumatua, Piri Prentice, held at Pukemokimoki Marae on July 26,
· A hui with Mayor Kirsten Wise and Council officers, broadcast live on Facebook due to COVID-19 restrictions,
· Kapu Tī drop-in sessions for the community held across the city, giving members of the public an opportunity to discuss Māori wards and ask questions,
· Social media, newspaper, radio and billboard advertising,
· A comprehensive suite of information about Māori wards and potential implications for Napier available online at www.sayitnapier.co.nz, and
· A public consultation open to all members of the public, where people could have their say online or via a postal submission, in both English and Te Reo Māori. Originally open for four weeks, the survey period was extended by an extra week, closing on Friday 17 September 2021. This was considered prudent as Hawke’s Bay was facing COVID-19 Level 4 and Level 3 restrictions at the time of consultation.
Only two options were proposed within the survey (which is not a binding poll); submitters were asked if they supported the establishment of Māori wards for the 2025 election. Submitters could choose “Yes” or “No” (or “Aē”/”Kāo”). Submitters were not asked specifics about ward boundaries or councillor distribution. Instead those matters will be consulted on as part of a representation review. Recommendations arising out of that review will come back to Council for consideration in 2024.
1.5. Consultation results
Council received a total of 1,314 submissions. Of those, 263 submitters (20%) identified as being enrolled on the Māori electoral roll, and 1,015 (77%) identified as being enrolled on the general electoral roll. 3% are not currently enrolled or did not share their enrolment status.
A vast majority of submissions were received online through sayitnapier.com, but 86 submissions (6.5%) were made in hard copy/through the mail.
Of the 1,314 total submissions, 45% (591) were in favour of establishment of Māori wards, with 54.4% (715) against. 0.6% (8) submitters answered “Don’t Know”. In the context of consultation, this is considered a relatively even split.
Of those 263 submitters who identified that they were on the Māori electoral roll, 95.1% (250) were in favour of establishment of Māori wards, with 4.9% (13) against. The views of Māori are considered significant in making a decision about Māori ward(s), with the vast majority of submissions from those most directly affected by the proposal in favour of establishment.
Of those 1,015 submitters who identified that they were on the general electoral roll, 30.8% (313) were in favour of establishment of Māori wards, with 68.4% (694) against. 0.8% (8) answered “Don’t Know”.
The distribution of responses aggregated by ward is as follows:
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Ward |
Proportion of overall responses |
Responses in favour of Māori wards |
Responses opposing Māori wards |
Don’t know responses |
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Ahuriri |
18.4% |
47.3% |
52.3% |
0.4% |
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Nelson Park |
19.7% |
67.2% |
32.8% |
- |
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Onekawa-Tamatea |
10.6% |
43.2% |
56.8% |
- |
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Taradale |
33.0% |
35.0% |
63.8% |
1.2% |
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Outside of Napier |
17.2% |
38.1% |
61.1% |
0.8% |
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Other |
1.1% |
33.3% |
66.7% |
- |
Overall, there were 1,073 submissions from Napier residents specifically (based on contact details provided). Compared to population estimates, Ahuriri ward was slightly over-represented through submissions, whereas Nelson Park and Onekawa-Tamatea wards were slightly under-represented. These differences were still within 5% of population estimates.
Based on electoral roll enrolment population estimates, Napier residents on the general roll were slightly under-represented, whereas residents on the Māori roll were over-represented. 9% of Napier’s population is enrolled on the Māori roll as of 2021, whereas 20% of submitters identified themselves as being enrolled on the Māori roll. This over-representation of voters on the Māori roll is expected, given the high interest in this issue from mana whenua and tangata whenua.
More information about the submissions analysis, conducted by external company SIL Research, can be found in an appendix to this report.
36 submissions were given on behalf of an organisation. Those organisations are listed as follows:
· Aww Yum Podcast
· Clean Earth Ltd
· David Turner Engineering
· Errol Lilley Electronics
· Heritage Services Hawke's Bay
· JLCTrust
· Mana Ahuriri Trust
· Maungaharuru-Tangitū Trust
· Mauvan Scott Architects Ltd
· McIntyre Plumbing and Drainlaying Ltd
· Napier Pilot City Trust
· Napier Youth Council
· National Council of Women Hawkes Bay Branch
· Ngā Mānukanuka o Te Iwi
· Ngāti Pāhauwera Development Trust
· Ngāti Pārau Hapū Trust
· Oenology Services Ltd.
· O'Reilly Ltd
· P & C Lampp Properties Ltd
· P&T Global Education
· Probert Signs
· Pukemokimoki Marae
· RBH Ltd
· SAECOWilson
· Tangoio Marae
· Taradale High School
· Te Ao Marama Te Kohanga
· Te Aratika Drilling Ltd
· Te Kohanga Reo o Waiohiki
· Te Kupenga Hauora
· Te Taiwhenua o Te Whanganui a Orotu
· Te Wai Mauri
· Te whānau o te whare o Maraenui
· Tū Tangata Maraenui
· Waiohiki Marae
· Waipareira Trust
66 submitters expressed interest in speaking in person at the Council meeting to support their written feedback.
Submitters were invited to enter a comment along with their answer to the consultation question. 64% of submitters chose to include a comment. Those comments have been analysed by themes, which are summarised below. All submissions are included in full in an appendix to this report.
Consultation on Māori wards does not constitute a binding poll, and therefore the result is not determined by the numbers for or against. What is of importance is the content and themes, with Council having the responsibility to maintain an open mind on the issues raised in the submissions.
1.5.1. Key themes in favour of establishing Māori wards
Key themes expressed in the 296 comments given in support of establishing Māori wards included:
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Theme |
Subtheme |
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Increased representation |
· We need to better guarantee representation for Māori/provide more fairness/more voice · More partnership required/greater unity · Need to better recognise Māori culture/Te Ao Māori generally, and in Council business · Needed to address inequity/disadvantage. Meet minority needs · Existing voting power limited by minority population |
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General support |
· Is the right thing to do/right direction · More diversity is better for the whole community · There should be increased Māori involvement in local issues/local decision making, noting Council’s statutory obligations
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Obligations under Te Tiriti o Waitangi |
· Time to properly recognise Tiriti obligations (eg the obligation to facilitation Māori participation per Section 4 of the Local Government Act 2002) |
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Decision making process |
· Decision should have been made in time for 2022 · Concerns about consultation process · Māori wards should already be in place/overdue |
1.5.2. Key themes opposing establishment of Māori wards
Key themes expressed in the 528 comments given in opposition of establishing Māori wards included:
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Theme |
Subtheme |
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Undemocratic |
· Māori can already stand for election in general wards · Election should be on merit, not ethnicity · Decision should be made after referendum · Forcing an agenda from central government |
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Unequal |
· Māori wards may create unnecessary division · We are/should be ‘one people’. Te Tiriti being interpreted wrongly. · Special treatment/giving disproportionate voice to minority · No discussion over wards for other ethnicities/communities of interest (Pasifika, Asian, European). · Multicultural, not bicultural society
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Unnecessary |
· Māori are already consulted/have influence · Unnecessary/significant change to voting arrangements · Elected members should just represent everyone |
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Decision making process |
· Concerns about consultation process |
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Other |
· Concerns about cost/bureaucracy · Demeaning/patronising to Māori · Oppose unelected Māori councilors · Oppose giving Māori more than one vote/chance of election |
Some of the concerns expressed in opposition are framed in a way that may have understated or disregarded Council’s statutory obligations to facilitate Māori participation and respect the constitutional status of tangata whenua. It is also important to note that the establishment of Māori ward(s) does not provide for ‘unelected Māori councillors’, or give those on the Māori roll more votes or more chance for election than any voter or candidate on the general roll. Ideas around election on ‘merit’ and not ‘ethnicity’ are perhaps an oversimplification of the Māori wards mechanism, given a candidate does not have to be Māori to stand for election in a Māori ward.[3]
1.6. Options Analysis
The following sections provide a summary of potential implications for each of the options.
1.6.1. Option One: establish Māori ward(s) for the 2025 triennial election
Potential implications of establishing Māori wards include:
· Increased representation: Having a representative (or representatives) elected directly to Council by those on the Māori electoral roll ensures that a specifically Māori perspective is brought to the Council chamber. Those representatives can directly influence and vote on all Council decisions.
· Consistent with Councils obligations under the LGA to enable pathways for Māori contribution to decision making: another avenue (alongside Ngā Mānukanuka o Te Iwi/Māori Committee and other mechanisms for Māori engagement and consultation) for a Te Ao Māori/mātauranga Māori lens to be applied across Council decisions. More ‘tools in the toolbox’.
· Leadership and partnership: this represents an opportunity for Napier City Council to be a leader in this area and move to realise mana whenua aspirations.
· Binding for two triennial elections: a decision to establish Māori ward(s) now will be binding for two election cycles, 2025 and 2028. That timeframe could be viewed positively or negatively, depending on support for Māori wards generally.
· May have a cooling effect on Māori standing in General wards: could create a perception that there is only space for a certain number of Māori on Council, or send the message that Māori shouldn’t stand for election in General wards as there is a specific mechanism to enable Māori representation.
1.6.2. Option Two: choose not to establish Māori ward(s) for the 2025 triennial election
Potential implications of deciding not to establish Māori wards:
· Can be revisited before 23 November 2023: a “no” decision now can be reviewed by Council up until November 2023, giving more time for consideration, and for wider conversations around Three Waters and the future of local government to progress. In contrast, a “yes” decision is immediately binding and takes effect until at least 2028.
· Allows time for the intent and impact of second tranche of legislative amendment to become clear: the Government has indicated that legislative reform to the process for establishing Māori wards would progress in two stages over the next three years (2021-2024).
· May miss the opportunity to add another avenue for Māori participation in decision making: may be viewed in future as ‘a lost opportunity’.
· May avoid creating a potential deterrent for Māori standing for election in General wards.
Note that, if the “no” decision is overridden before November 2023, the implications listed in Option One (above) would apply.
1.6.3. Option Three: defer a decision until no later than 23 November 2023, with the option for more public engagement
Potential implications of deferring a decision:
· Allows more time for Council to understand public opinion: the legislative framework does not require a decision on this issue until 23 November 2023. Deferral could allow for further engagement on this issue.
· Potential additional cost to the ratepayer: Council has already conducted quite an extensive consultation. Further engagement activity will cost the ratepayer, and might not result in any substantial difference in the split of opinion (i.e. additional cost to get the same consultation results).
1.7. Significance and Engagement
Establishment of Māori ward(s) for the 2025 Napier City Council triennial election is a significant decision for Council, as guided by its Significance and Engagement Policy. As outlined in this report, extensive public consultation has taken place on the matter in order to understand public opinion. This has included a five week survey period, during which any interested person or organisation could make an online or hard copy submission.
1.8. Implications
Financial
There are no significant financial implications for Napier City Council arising from this decision. Budget has already been set aside for a representation review to take place in 2024.
Social & Policy
As discussed, the mechanism for establishing Māori ward(s) is provided for in the LEA. Council’s consultation approach has been developed according to its Significance and Engagement policy, and to meet the requirements of the Local Government Act 2002.
The Local Government Act 2002 contains a number of provisions that relate to Māori and Te Tiriti o Waitangi. In summary, Council needs to provide Māori with opportunities to contribute to decision making processes, needs to develop and maintain avenues for those contributions, and needs to consider ways in which Council can help build Māori capacity to contribute to decision making. The Local Government Act 2002 also explicitly recognises “the Crown’s responsibility to take appropriate account of the principles of the Treaty of Waitangi” through section 4.
Council’s decision on this issue should be grounded in both a local and national context, key aspects of which are summarised as follows:
Ngā Mānukanuka o Te Iwi
Napier City Council has a formal relationship with Māori through Ngā Mānukanuka o Te Iwi (formerly known as the Māori Committee). Ngā Mānukanuka o Te Iwi provides a critical role in Council’s decision-making process; advocating on behalf of Ahuriri Māori, providing cultural leadership, facilitating wānanga with Council, and enabling wider relationships with Māori authorities. Ngā Mānukanuka o Te Iwi is one way Napier City Council fulfils its obligation to facilitate Māori participation in decision making.
It should be noted that in April, the Māori Committee advised it was fully supportive of Māori ward(s) being implemented with urgency, but stressed the importance of a fair and due process being completed. If a fair and due process was unable to be achieved, the Committee recommended Council make some firm commitment to ensure significant progress was made.
Discussions are currently underway to find opportunities to strengthen the Committee’s role and integrate Ngā Mānukanuka o Te Iwi further into Council’s governance structure and meeting cycle.
Public opinion
This is a matter of relatively high public interest which can expose polarised opinions, as demonstrated through the split of sentiment in submissions.
In 2021, local iwi entities have generally expressed strong support for the establishment of Māori ward(s), advocated for a decision before 21 May 2021, and were disappointed with the April 2021 decision to forgo urgent consultation in favour of a more collaborative approach.
Conversely, advocacy groups such as Hobson’s Pledge oppose the grouping of voters according to electoral roll.
Wider legislative reform
The decision comes at a time when central government is working towards a second tranche of legislative amendments, the details of which are not yet clear. The second stage of reform had been described as developing a ‘permanent mechanism’ for local authorities to establish Māori wards and constituencies.
Risk
The key risk regarding this decision centres on Council’s reputation and ongoing relationship building. As with a number of consultations, public opinion is divided and there will inevitably be people unhappy with whichever option is chosen. The potential risks of each option are outlined below. It should be noted that any of the three options is a legally valid option under the LEA; Council is statutorily entitled to make the decision (be it to establish or not, or to defer), and there is no obligation under that Act to come to any particular decision.
Option One: establish Māori ward(s) for the 2025 triennial election
Selecting an option that was not favoured by a majority of submitters could result in division in the community, or have consultation perceived as a ‘box ticking’ exercise. However, consultation is intended to inform the Council about the issues raised by the proposal and the community’s views and preferences about those. Consultation is not a poll, and there is clear judicial authority that it is principally the content of submissions which should inform the decision-makers, not the number of submissions for and against. Council has statutory obligations relevant to this decision, and so long as it considers the relevant matters and has an open mind to the issues raised by submitters, the legal risk associated with a “Yes” decision is negligible. Our legal counsel advise that there is very little prospect of judicial review successfully challenging such a decision.
Option Two: choose not to establish Māori ward(s) for the 2025 triennial election
Generally, mana whenua and Ahuriri iwi entities have voiced their support for the establishment of Māori ward(s) for 2025. Ongoing constructive relationships with mana whenua and iwi entities is vitally important to ensuring Council decisions are balanced, informed by a Māori voice, and contribute to the wellbeing of whenua and whānau. A decision not to establish Māori ward(s) could have a cooling effect on these relationships going forward, particularly when Hastings District Council and Hawke’s Bay Regional Council have both resolved to establish Māori wards for the 2022 election. A vote of “No” by our Council would impact on our relationships with Māori/iwi and see us as an outlier in the region
Council officers are currently exploring, alongside Ngā Mānukanuka o Te Iwi, ways to better integrate the committee into Council’s governance structure. A vote of “no” may inhibit us progressing with this work, and negatively affect participation in the committee.
Parties concerned about a decision not to establish Māori wards may take formal action against Council, perhaps by way of judicial review. Our legal advisers assess the risk of a successful judicial review of a “No” vote as materially higher than for a “Yes” vote. This could be particularly affected by the matters identified by councillors as reasons for their position on the issue.
A “No” vote would potentially damage relationships between Council and mana whenua/tangata whenua. It may have a powerful deterrent on Māori participation in all aspects of Council business going forward, which would result in less balanced and less robust decision making. It should be noted that a claim has been raised with the Waitangi Tribunal against the Crown, covering (among other things) Council’s decision to postpone considering Māori wards until later this year. A determination around an urgent hearing is still pending.
Option Three: defer a decision until no later than 23 November 2023, with the option for more public engagement
Council has publically committed to making a decision around the establishment of Māori ward(s) by November 2021. Deferral could result in loss of confidence by the community and specific stakeholder groups.
1.9. Options
The options available to Council are as follows:
a. Resolve to establish Māori ward(s) for the 2025 triennial election, noting that a representation review will need to be conducted by 2024, with recommendations coming back to Council around more detailed representation arrangements and election structure.
b. Resolve not to establish Māori ward(s) for the 2025 triennial election, noting that such a decision could technically be consulted on again and reversed up until 23 November 2023.
c. Defer a decision on the establishment of Māori ward(s) for the 2025 election until no later than 23 November 2023, with the option to consider further engagement activity.
1.10. Development of Preferred Option
There is no preferred option for this report. The decision whether or not to establish Māori ward(s) for the 2025 triennial election, or to defer the decision, is one appropriately made by elected members.
a Calculation of number of Māori wards, and summary of representation review
