On behalf of Auraki Mai, we are pleased to submit our comments and recommendations regarding the Local Government (Electoral Legislation and Māori Wards and Māori Constituencies) Amendment Bill. Auraki Mai is dedicated to promoting equitable representation and enhancing the participation of Māori in local governance. This submission reflects our commitment to ensuring that the legislative framework supports fair and effective representation for Māori communities across Aotearoa New Zealand.
Electoral Legislation and Māori Wards and Māori Constituencies
Statement of Disagreement with the Proposed Bill on Māori Wards and Māori Constituencies
The proposed bill, which aims to reinstate the right to a local referendum on the establishment or ongoing use of Māori wards and Māori constituencies, including requiring a poll at the next local body elections on any Māori wards and Māori constituencies established without a poll, is fundamentally flawed and counterproductive for several reasons.
1. Dishonouring Te Tiriti o Waitangi
Te Tiriti o Waitangi written in te reo Māori, second to He Whakaputanga, is this country’s foundational document that outlines the distinct and special partnership between Māori and the Crown. Reinstating Māori Wards honours the principles of te Tiriti, particularly those of partnership between the Crown’s partners, that is Māori. Participation of Māori partners in the decision-making processes at the governance level; and protection of the distinct role of Māori as “Crown-Partner”. This move signifies the commitment of Crown and Government to upholding te Tiriti o Waitangi and recognising the sovereignty and rights of Māori as guaranteed by this country’s historic and foundational agreement and constitution.
2. Undermines Māori as “Partner” and Representation
Reinstating the right to a local referendum on Māori wards and Māori constituencies undermines Māori as “Partner” and the efforts to ensure equitable Māori representation in local government. Historically, referendums have often resulted in the rejection of Māori wards due to majority rule, effectively marginalising Māori voices and perpetuating their underrepresentation.
3. Hinders Progress Towards Inclusive Governance
The imposition of referendums creates unnecessary barriers to the establishment and maintenance of Māori wards, delaying progress towards a more inclusive and representative governance structure. This approach detracts from efforts to create councils that genuinely reflect the diversity and unique perspectives of their communities.
5. Ignores Historical Context and Present Realities
Requiring referendums fails to acknowledge the historical context of Māori disenfranchisement and the present-day realities of Māori underrepresentation in local government. It is crucial to address these systemic issues proactively rather than subjecting them to the whims of popular vote, which often overlooks the specific needs and rights of Māori.
6. Weakens Māori Self-Determination
Subjecting Māori wards to local referendums undermines Māori self-determination Tino Rangatiratanga asserted by he Whakaputanga and Te Tiriti o Waitangi by placing decisions about Māori representation in the hands of non-Māori voters. This approach ignores Māori as “Partner”, disempowers Māori communities and contradicts efforts to support Māori in determining their own governance and representation.
7. Contradicts Recent Legislative Advances
This bill reverses recent legislative advances designed to strengthen Māori representation and participation in local government. Instead of progressing towards a more inclusive and equitable system, reinstating referendums would mark a significant step backward, counteracting the progress made in recognizing and upholding Māori rights.
8. Rejects Equitable Representation
Māori Wards are essential for providing equitable representation of Māori within local government. Historically, Māori have been underrepresented in local government decision-making processes. By reinstating Māori Wards, local governments can ensure that the voices of Māori communities are heard, and their interests adequately represented.
9. Denies Cultural Competence and Inclusivity
Māori Wards contribute to enhancing the cultural competence and inclusivity of local governments. By having dedicated Māori representatives, councils can better understand and integrate Mātauranga Māori, Māori cultural perspectives and Māori values into their policies and initiatives. This leads to more culturally responsive governance that benefits all community members. As argued by many academics, what is good for Māori, is good for everyone.
10. Weakens Community Relationships
The requirement for local referendums on the establishment or ongoing use of Māori Wards hinders the development of stronger relationships between Māori entities at governance, corporate, and organizational levels with local and national communities, and local governments alike. This proposal discourages engagement and collaboration, undermining trust, and mutual respect. Weakening these relationships leads to less effective and meaningful partnerships, ultimately disadvantaging entire communities.
11. Unaddressed Historical Injustices
Requiring local referendums on the establishment or ongoing use of Māori Wards perpetuates historical injustices faced by Māori. It fails to acknowledge the marginalization and exclusion that Māori have experienced and avoids taking concrete action to rectify these wrongs. Instead of addressing breaches to Te Tiriti o Waitangi and the ongoing oppressive norms that contribute to the over-representation of negative social, health, economic, education, and justice outcomes for Māori, this proposal reinforces systemic inequities.
14. Supporting Local Decision-Making
Requiring local referendums on the establishment or ongoing use of Māori Wards disregards the unique impacts that local issues have on Māori communities, which require specific specialisations of knowledge, understanding, skills, and approaches. Without Māori Wards, local decision-making processes lack the intimate knowledge of Māori issues and perspectives that is crucial for effective and relevant governance. This generalized approach undermines the ability to address the specific needs of Māori communities effectively.
15. Rejection of Diversity in Governance
Requiring local referendums on the establishment or ongoing use of Māori Wards reduces the diversity of governance bodies, limiting their ability to make decisions that consider a wide range of perspectives and needs. Without Māori Wards, local councils lose a crucial element of diversity, leading to less innovative and comprehensive solutions to local issues. This lack of diversity fails to reflect the multicultural nature of modern New Zealand society.
16. Disempowering Māori and Communities
Requiring local referendums on the establishment or ongoing use of Māori Wards disempowers Māori and their communities by removing a formal mechanism to influence local governance. This disempowerment undermines self-determination and prevents Māori from actively participating in shaping the future of their communities. Without this empowerment, communities are less able to advocate effectively for their needs and aspirations.
Conclusion
The proposal to reinstate the right to a local referendum on the establishment or ongoing use of Māori wards and Māori constituencies is deeply problematic. It undermines Māori representation, contravenes the principles of the Treaty of Waitangi, facilitates majority tyranny, hinders progress towards inclusive governance, ignores historical and present realities, weakens Māori self-determination, and contradicts recent legislative advances. Therefore, this bill should not be supported, and efforts should instead focus on strengthening the mechanisms that ensure fair and equitable Māori representation in local government.