The Government has introduced legislation, the Local Electoral (Māori Wards and Māori Constituencies) Amendment Bill (Bill), to make the process for establishing Māori wards for local authorities the same as the process for establishing a general ward. This follows Minister for Local Government, Nanaia Mahuta’s announcement at the end of 2020 that addressing the current ‘petition to poll’ rules under the Local Electoral Act 2001 (LEA) was a priority (see here).

In this FYI we outline the existing process for creating Māori wards, and the key features of the new Bill.

Purpose of Māori wards

Māori wards are the local authority equivalent of Māori seats in Parliament: they create positions on a council’s governing body where the representatives are elected only by those on the Māori electoral roll.[1] Māori wards exist in addition to, and overlap with, the general wards which also cover the whole city, district or region.

The existing regime creates an almost “insurmountable barrier to councils trying to improve the democratic representation of Māori interests”[2]

Currently, council decisions establishing Māori wards can be challenged by a petition to initiate a binding poll on the matter. Only 5 percent of electors are required to initiate this process. A simple majority voting against a proposed Māori ward will stop it being established.

The establishment of Māori wards has been controversial. For example, tension among councillors as a result of the Tauranga City Council’s decision to introduce Māori wards without a poll, was one of the issues that preceded the resignation of the mayor and a councillor, and the subsequent appointment of commissioners.[3] Of the 24 local authorities who have previously resolved to introduce Māori wards only two (Waikato Regional Council and Wairoa District Council) have been successful following the poll process.

Uniquely, the introduction of no other ward can be challenged in this way. If a local authority proposes creating or amending a general ward the public is only able to object via the required submissions process, or by taking an appeal/objection to the Local Government Commission.

There has been longstanding criticism of the differential process for Māori wards with LGNZ describing the process as unfair, inconsistent and discriminatory in 2018.[4] Critics of the current regime also point to the disparity between the LEA and the requirement in the Local Government Act 2002 for local authorities maintain and improve opportunities for Māori to contribute to local government decision-making. When announcing the new legislation, Minister Mahuta noted that two petitions with more than 11,000 signatures have been presented to Parliament recently calling for the LEA to be amended.

Changes will be made in advance of the 2022 elections

The Bill represents makes immediate changes and establishes transitional measures to make the establishment of Māori wards easier ahead of the 2022 local elections, including:

• extending the deadline for councils to consider Māori wards to 21 May 2021 (rather those resolutions being required to have been made by 23 November 2020), which will provide councils with a fresh opportunity to make decisions on Māori representation and so that any Māori wards can be established in time for the 2022 local elections;
• removing the ability for electors to bring a petition requiring a poll on the introduction of Māori wards. Therefore, the only way Māori wards will not be established in those areas is if the council itself resolves to undo its decision; and
• providing that past polls, or council resolutions to hold binding polls, on whether to establish Māori wards cease to have any effect.

The Bill was introduced earlier this week and is being considered under urgency. It is currently before the Māori Affairs select committee, with submissions closing on 11 February 2021. Quick enactment is necessary to enable Council resolutions to be made in the period between the commencement of the Bill and 21 May 2021. This will then leave enough time for consequential representation review processes to be completed in time for the changes to take effect for the 2022 triennial local government elections. Under the provisions being repealed, a resolution made now (even if not overturned by a poll) would not have taken effect until the 2025 elections.

The Government had previously indicated that legislative reform to the process for establishing Māori wards would progress in two stages over the next three years.[5] The second stage of reform had been described as developing a permanent mechanism for local authorities to establish Māori wards and constituencies.

Next Steps

If you would like assistance in understanding what these changes could mean for you, please contact one of our experts above.