Māori wards and constituencies

From Wikipedia, the free encyclopedia

Māori wards and constituencies refer to wards and constituencies on urban, district, and regional councils in New Zealand that represent local constituents registered on the Māori parliamentary electoral roll vote. Like Māori electorates within the New Zealand Parliament, the purpose of Māori wards and constituencies is to ensure that Māori are represented in local government decision making.[1][2]

Māori wards and constituencies were first introduced by the Bay of Plenty Regional Council in 2001.[3] Efforts to introduce them to other local and regional government bodies in New Zealand were complicated by a poll provision allowing referendums on the issue of introducing Māori wards and constituencies.[4] Consequently, attempts to introduce Māori wards and constituencies were defeated at several polls in New Plymouth, Palmerston North, the Western Bay of Plenty, Whakatāne, Manawatu, and Kaikōura.[5][6][7][8][9]

In late February 2021, the Sixth Labour Government passed the Local Electoral (Māori Wards and Māori Constituencies) Amendment Act 2021, which eliminated the poll provision for establishing Māori wards and constituencies.[10][11]

Background[]

Although in 2006 Māori formed 14.6% of New Zealand's population,[12] a Department of Internal Affairs (DIA) survey found that 12% of candidates not elected at the October 2007 local elections were Māori and only 8% of winning candidates were Māori. By contrast the 66% of the population who are European had an 84% chance of losing candidates and a 90% chance of winning.[13] The inequality was marginally smaller in 2016, with 89.8% of elected members being European and 10.1% Māori.[14]

A feature of New Zealand's parliamentary representation arrangements is the system of Māori electorates, which are for electors of Māori descent who choose to be registered on the Māori electoral roll and are intended to give Māori a more direct say in Parliament. Equivalent provisions for local government are set out in section 19Z (and following) of the . These provisions are opt-in and allow territorial authorities and regional councils to introduce Māori wards (in cities and districts) or constituencies (in regions) for electoral purposes.[15]

The number of members elected to a council through its Māori wards or constituencies is determined after determining the total number of councillors for the city or district or region, in proportion to the number of members elected to the council through its general wards and constituencies, such that:

The number of members excludes the mayor, who is elected separately. The total electoral population includes all electors in the city, district or region, regardless of whether they are on the general electoral roll or the Māori electoral roll. The number of Māori members is rounded to the nearest whole number. If the calculated number of Māori members is zero, the council must resolve against having separate Māori and general wards.[16]

Until the passage of the Local Electoral (Māori Wards and Māori Constituencies) Amendment Act 2021 into law, Māori wards and constituencies could be established by decision of the council, or through a local referendum (called, under the Act, a "poll"). If a council resolved to establish Māori wards or constituencies, it had to notify its residents of their right to demand a poll on the establishment of the wards and constituencies (the "poll provision"). If a petition signed by 5 percent of the electors of the city, district or region was presented to the council, the poll must be held within 89 days. All electors (not specifically electors of Māori descent or those on the Māori electoral roll) could demand and vote in a binding poll on Māori wards and constituencies. The result of the poll was binding for two local body elections, after which the council could choose to retain the status quo or adopt another change.[4][17]

History[]

Introduction[]

Māori wards and constituencies have proved contentious, as the poll provision (outlined above) has frequently overturned councils' decisions. While a general establishment provision has been available since 2002, the first Māori constituencies were established for the Bay of Plenty Regional Council in 2001 under a unique piece of legislation. Population ratios were such that the council was able to establish three Māori constituencies. The introduction of Māori wards and constituencies was supported by the Labour, Alliance, and Green parties, it was opposed by the conservative National Party, the populist New Zealand First Party, and the libertarian ACT Party.[3][18][19] (While he supported the 2002 amendment to the Local Electoral Act, the Green Party co-leader, Rod Donald, though not his Party, had opposed the Bay of Plenty legislation due to its compulsory nature and preferring Single Transferable Votes.[20][21])

In 2006, the National Party MP for Bay of Plenty, Tony Ryall (who had been Minister of Local Government for six months in 1998–1999), moved a private member's bill seeking the repeal of both pieces of Māori ward legislation, arguing that, since the opt-in provisions in the Local Electoral Act 2001 had not been used in four years, the wards were "unused... antiquated... not necessary [and] divisive." The motion failed.[22]

Initial expansion and resistance[]

In 2010, Māori Party MP Te Ururoa Flavell sought a law change to make it compulsory for all councils to have Māori seats. At that time, Bay of Plenty Regional Council was still the only local authority to have Māori representation. Flavell's proposal failed, but not before it was declared to be inconsistent with the New Zealand Bill of Rights Act 1990 due to using a different Māori representation formula that the Attorney-General Chris Finlayson stated would "lead to disparity in representation between Māori wards... and general wards."[23][24] The difference was that the formula used the number of people of Māori descent rather than the number of people on the Māori electoral roll.

In October 2011, the Waikato Regional Council voted 14–2 to establish two Māori seats in preparation for the 2013 local body elections.[25] A poll was not demanded and the constituencies were established.[26] In late October 2017, the Waikato Regional Council voted by a margin of 7-3 to retain both Maori constituencies Nga Hau e Wha and Nga Tai ki Uta.[27]

In 2014, the Mayor of New Plymouth Andrew Judd proposed introducing a Māori ward in the New Plymouth District Council. The council resolved to do so, but was defeated in a 2015 referendum by a margin of 83% to 17%. The backlash Judd experienced was an influence on his decision not to run for a second term during the 2016 local body elections.[28][5] In April 2016, Flavell, now a Māori Party co-leader, presented a petition to the New Zealand Parliament on behalf of Judd that advocated (as Flavell had done previously) the establishment of mandatory Māori wards on every district council in New Zealand.[29] In June 2017, a private members' bill in the name of Marama Davidson sought to remove the poll provision, but was defeated during its first reading.[30][31]

A poll on establishing Māori wards at Wairoa District Council was held alongside that council's October 2016 triennial election and was successful; elections for three Māori seats at that council were held in October 2019.[32] Following this result, five territorial authorities (Palmerston North City Council, Kaikōura District Council, Whakatāne District Council, Manawatu District Council, and Western Bay of Plenty District Council) approved, in separate decisions over late 2017, to introduce Māori wards for the 2019 local elections.[33][34][35][36][37]

In response, the lobby group Hobson's Pledge (fronted by former National Party and ACT New Zealand leader Don Brash) organised several petitions calling for local referendums on the matter of introducing Māori wards and constituencies, taking advantage of the poll provision.[38][39] These polls were granted and held in early 2018.[40][41][42] Each poll failed; Māori wards were rejected by voters in Palmerston North (68.8%), Western Bay of Plenty (78.2%), Whakatāne (56.4%), Manawatu (77%), and Kaikōura (55%) on 19 May 2018. The average voter turnout in those polls was about 40%.[6][7][8][9]

The rejection of Māori wards was welcomed by Brash and conservative broadcaster Mike Hosking.[43][44] By contrast, the referendum results were met with dismay by Whakatāne Mayor Tony Bonne and several Māori leaders including Labour MPs Willie Jackson and Tāmati Coffey, former Māori Party co-leader Te Ururoa Flavell, Bay of Plenty resident and activist Toni Boynton, and left-wing advocacy group national director Laura O'Connell Rapira.[9][45][46] In response, ActionStation organised a petition calling on the Minister of Local Government, Nanaia Mahuta, to change the law so that establishing a Māori ward uses the same process as establishing a general ward (general wards are not subject to the poll provision, but have a different appeals process through the Local Government Commission).[47]

The Labour Party has supported changes to the laws regarding Māori wards and constituencies; two bills were introduced by backbench Labour MP Rino Tirikatene in 2019 (the first a local bill seeking permanent representation for Ngāi Tahu on the Canterbury Regional Council; the second a member's bill to ensure that the repeal of legislation establishing Māori seats in Parliament must be subject to a 75% supermajority of Parliament), but both failed.[48][49]

Seven territorial authorities have determined to establish Māori wards ahead of the 2022 New Zealand local elections (Whangarei District Council, Kaipara District Council, Northland Regional Council, Tauranga City Council, Ruapehu District Council, New Plymouth District Council, and South Taranaki District Council).[50][51][52][53][54][55] While polls for some of those districts have been signalled,[56][57] Mahuta has stated that removing the poll provision is "on her list" for the Sixth Labour Government's second term.[51][58][59]

Legislative entrenchment[]

On 1 February 2021, Minister of Local Government Mahuta announced that the Government would establish a new law upholding local council decisions to establish Māori wards. This new law would also abolish an existing law allowing local referendums to veto decisions by councils to establish Māori wards. This law would come into effect before the scheduled 2022 local body elections.[60][61] On 25 February, Mahuta's Local Electoral (Māori Wards and Māori Constituencies) Amendment Act 2021, which eliminates mechanisms for holding referenda on the establishment of Māori wards and constituencies on local bodies, passed its third reading in Parliament with the support of the Labour, Green and Māori parties. The bill was unsuccessfully opposed by the National and ACT parties, with the former mounting a twelve hour filibuster challenging all of the Bill's ten clauses.[10][11]

In late October 2021, the Hawke's Bay Regional Council voted to establish two new Māori constituencies called "Māui ki te Raki" and "Māui ki te Tonga."[62]

Notes and references[]

  1. ^ "Māori Wards". Napier City Council. Archived from the original on 3 September 2021. Retrieved 16 November 2021.
  2. ^ "Māori constituencies for regional council". Northland Regional Council. Archived from the original on 20 February 2021. Retrieved 16 November 2021.
  3. ^ a b Janine Hayward (2002). The Treaty Challenge: Local Government and Maori (PDF) (Report). Crown Forestry Rental Trust. pp. 23–32. Archived (PDF) from the original on 23 May 2018. Retrieved 22 May 2018.
  4. ^ a b "Voting and becoming a councillor". localcouncils.govt.nz. Department of Internal Affairs. Archived from the original on 21 August 2021. Retrieved 22 May 2018.
  5. ^ a b Utiger, Taryn (15 May 2015). "Resounding no to a Maori ward for New Plymouth district". Taranaki Daily News. Stuff. Archived from the original on 3 March 2021. Retrieved 22 May 2018.
  6. ^ a b Hurihanganui, Te Aniwa (22 May 2018). "Rejection of Māori wards: 'This is wrong'". Radio New Zealand. Archived from the original on 28 August 2019. Retrieved 22 May 2018.
  7. ^ a b "Mayor 'gutted' after public votes against Māori wards". Radio New Zealand. 19 May 2018. Archived from the original on 16 November 2021. Retrieved 23 May 2018.
  8. ^ a b Kilmister, Sam; Rankin, Janine (15 May 2018). "Manawatū Māori wards vote a resounding 'no'". Stuff. Archived from the original on 7 July 2018. Retrieved 23 May 2018.
  9. ^ a b c Lee, Moana Makapelu (21 May 2018). "Four districts reject Maori wards". Māori Television. Archived from the original on 16 November 2021. Retrieved 23 May 2018.
  10. ^ a b Wade, Amelia (24 February 2021). "Bill to abolish local veto on Māori wards passes despite National's marathon opposition". The New Zealand Herald. Archived from the original on 24 February 2021. Retrieved 24 February 2021.
  11. ^ a b Scotcher, Katie (24 February 2021). "Māori wards amendment bill passes final reading in Parliament". Radio New Zealand. Archived from the original on 24 February 2021. Retrieved 24 February 2021.
  12. ^ "QuickStats About Māori" (PDF). Statistics New Zealand. 27 March 2007.{{cite web}}: CS1 maint: url-status (link)
  13. ^ "Local Authority candidates survey 2007" (PDF). Department of Internal Affairs. Archived (PDF) from the original on 20 October 2021.
  14. ^ "New Zealand's elected members" (PDF). Local Government NZ. Feb 2019. Archived (PDF) from the original on 10 February 2021.
  15. ^ "Local Electoral Act 2001 Section 19Z". New Zealand Legislation. Parliamentary Counsel Office. Archived from the original on 23 October 2020. Retrieved 22 May 2018.
  16. ^ "Local Electoral Act 2001 Schedule 1A Provisions relating to Māori wards and Māori constituencies". Legislation New Zealand. Parliamentary Counsel Office. 2 March 2021. Archived from the original on 17 April 2021. Retrieved 2021-04-15.
  17. ^ "Local Electoral (Māori Wards and Māori Constituencies) Amendment Bill". New Zealand Parliament. Retrieved 16 November 2021.{{cite web}}: CS1 maint: url-status (link)
  18. ^ "Maori seats". Bay of Plenty Regional Council. Archived from the original on 23 May 2018. Retrieved 22 May 2018.
  19. ^ Wood, Ray (13 May 2018). "The truth about Maori wards". SunLive. Archived from the original on 18 February 2021. Retrieved 22 May 2018.
  20. ^ Donald, Rod (2002). "Committee of the Whole House Debate on the Local Government Bill". Hansard. 605: 623.
  21. ^ Green Party of Aotearoa New Zealand. "Greens Support Bay Of Plenty Regional Bill". Scoop. Archived from the original on 25 December 2014. Retrieved 2020-11-14.
  22. ^ "Local Electoral (Repeal of Race-Based Representation) Amendment Bill — First Reading - New Zealand Parliament". New Zealand Parliament. Archived from the original on 16 November 2020. Retrieved 2020-11-14.
  23. ^ Finlayson, Christopher (2010). "Report of the Attorney-General under the New Zealand Bill of Rights Act 1990 on the Local Electoral (Māori Representation) Amendment Bill" (PDF). Ministry of Justice. Archived (PDF) from the original on 22 February 2021.
  24. ^ "Local Electoral (Māori Representation) Amendment Bill". New Zealand Parliament. Archived from the original on 20 November 2020. Retrieved 14 November 2020.
  25. ^ "Council votes to establish Maori seats". Waikato Regional Council. Archived from the original on 25 October 2021. Retrieved 23 May 2018.
  26. ^ "Waikato Regional Council Maori seats set". Radio New Zealand. 24 August 2012. Archived from the original on 18 November 2021. Retrieved 18 November 2021.
  27. ^ Waikato Regional Council (26 October 2017). "Maori seats to be retained at Waikato Regional Council". Scoop. Archived from the original on 25 October 2021. Retrieved 18 November 2021.
  28. ^ Utiger, Taryn (30 September 2016). "New Plymouth mayor Andrew Judd looks back on his three years as a 'recovering racist'". Taranaki Daily News. Stuff. Archived from the original on 10 April 2021. Retrieved 22 May 2018.
  29. ^ Backhouse, Matthew (10 April 2016). "Maori Party calls for law change". The New Zealand Herald. Archived from the original on 11 May 2021. Retrieved 23 May 2018.
  30. ^ Davidson, Marama. "Local Electoral (Equitable Process for Establishing Māori Wards and Māori Constituencies) Amendment Bill". New Zealand Parliament. Archived from the original on 23 May 2018. Retrieved 23 May 2018.
  31. ^ Davidson, Marama. "Local Electoral (Equitable Process for Establishing Māori Wards and Māori Constituencies) Amendment Bill". New Zealand Legislation. Parliamentary Counsel Office. Archived from the original on 23 May 2018. Retrieved 23 May 2018.
  32. ^ "Māori seat rules need to change - Wairoa mayor". Radio New Zealand. 18 November 2019. Archived from the original on 14 November 2021. Retrieved 16 November 2021.
  33. ^ Rankin, Janine (24 October 2017). "Palmerston North City councillors vote for Māori seats". Manawatu Standard. Stuff. Archived from the original on 8 April 2021. Retrieved 23 May 2018.
  34. ^ "The facts about Maori representation at Council" (PDF). Kaikōura District Council. Archived (PDF) from the original on 25 October 2021. Retrieved 22 May 2018.
  35. ^ "Whakatane votes for Māori wards". Newshub. 16 November 2017. Archived from the original on 7 July 2018. Retrieved 23 May 2018.
  36. ^ Kilmister, Sam (16 November 2017). "Manawatū District Council guarantees Māori seats at next election". Stuff. Archived from the original on 15 March 2021. Retrieved 23 May 2018.
  37. ^ "Western BOP Council votes for Māori ward". Radio New Zealand. 21 November 2017. Archived from the original on 7 July 2018. Retrieved 23 May 2018.
  38. ^ "Petitions to demand votes on separate Maori wards". Hobson's Pledge. Archived from the original on 6 February 2021. Retrieved 22 May 2018.
  39. ^ Timutimu, Ripeka (30 April 2018). "Fight for Māori wards like Nazi Germany – Hobson's Pledge supporter". Māori Television. Archived from the original on 9 November 2020. Retrieved 22 May 2018.
  40. ^ Tuckey, Karoline (25 April 2018). "Māori wards for Manawatū councils put to the vote in referendums". Manawatu Standard. Stuff. Retrieved 23 May 2018.
  41. ^ "Referendum hurdle for Maori wards". Radio Waatea. 19 February 2018. Archived from the original on 17 October 2020. Retrieved 23 May 2018.
  42. ^ "Western Bay Maori wards referendum going ahead". Bay of Plenty Times; The New Zealand Herald. 21 February 2018. Archived from the original on 7 July 2018. Retrieved 23 May 2018.
  43. ^ Butler, Michael. "Brash: Respect 'No' votes on Maori wards". Hobson's Pledge. Archived from the original on 16 November 2021. Retrieved 22 May 2018.
  44. ^ Hosking, Mike (21 May 2018). "Mike Hosking: Good riddance to Māori ward nonsense". The New Zealand Herald. Archived from the original on 9 November 2020. Retrieved 23 May 2018.
  45. ^ "Hobson's Pledge using 'scare tactics' to block Māori Wards – Te Ururoa Flavell". Newshub. 22 May 2018. Archived from the original on 16 November 2021. Retrieved 22 May 2018.
  46. ^ O'Connell Rapira, Laura (14 May 2018). "Why we need Māori wards". The Spinoff. Archived from the original on 16 November 2021. Retrieved 22 May 2018.
  47. ^ "Change the discriminatory law that enabled the Māori wards referenda". ActionStation. Archived from the original on 16 November 2021. Retrieved 22 May 2018.
  48. ^ "Ngāi Tahu Representation Bill voted down in Parliament". Radio New Zealand. 4 April 2019. Archived from the original on 16 November 2021. Retrieved 14 November 2020.
  49. ^ "Electoral (Entrenchment of Māori Seats) Amendment Bill — Second Reading". New Zealand Parliament. Archived from the original on 16 November 2021. Retrieved 14 November 2020.
  50. ^ "Whangārei District Council votes to introduce Māori wards". The New Zealand Herald. 3 November 2020. Archived from the original on 16 November 2020. Retrieved 14 November 2020.
  51. ^ a b "Plans for poll on Northland over Māori wards could be scuppered by Minister". The New Zealand Herald. 5 November 2020. Archived from the original on 16 November 2021. Retrieved 14 November 2021.
  52. ^ "Tauranga City Council votes for Māori ward". Radio New Zealand. 25 August 2020. Archived from the original on 19 October 2021. Retrieved 14 November 2020.
  53. ^ "Ruapehu District Council votes in favour of Māori wards for 2022". Stuff. 2 November 2020. Archived from the original on 16 November 2021. Retrieved 18 November 2021.
  54. ^ "New Plymouth councillors vote to establish Māori ward". Stuff. 21 July 2021. Archived from the original on 16 November 2021. Retrieved 18 November 2021.
  55. ^ "Unanimous South Taranaki District Council vote for Māori wards is welcomed". Stuff. 2020-11-12. Archived from the original on 16 November 2021. Retrieved 2020-11-14.
  56. ^ "Call for 'silent majority' to step up in New Plymouth Māori ward debate". Stuff. Archived from the original on 16 November 2021. Retrieved 14 November 2020.
  57. ^ "Tauranga Maori wards challenged". SunLive. 20 July 2020. Archived from the original on 16 November 2021. Retrieved 14 November 2020.
  58. ^ "Mahuta vows to clear obstacles to creating Māori council wards". Radio New Zealand. 6 November 2020. Archived from the original on 16 November 2021. Retrieved 14 November 2020.
  59. ^ "Maori seat veto set to go". Waatea News. 2 November 2020. Archived from the original on 16 November 2021. Retrieved 14 November 2020.
  60. ^ Young, Audrey (1 February 2021). "Govt set to abolish local veto on councils' Māori wards". The New Zealand Herald. Archived from the original on 1 February 2021. Retrieved 1 February 2021.
  61. ^ "Changes to 'fundamentally unfair' process to make way for Māori wards". Radio New Zealand. 1 February 2021. Archived from the original on 1 February 2021. Retrieved 1 February 2021.
  62. ^ "Two 'overdue' Māori constituencies for Hawke's Bay Regional Council". Hawke's Bay Today. The New Zealand Herald. 27 October 2021. Archived from the original on 2 November 2021. Retrieved 18 November 2021.
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