As part of the coalition agreements with ACT and NZ First, the Local Government (Electoral Legislation and Māori Wards and Māori Constituencies) Amendment Act 2024 (“Amendment Act”) was passed. This reintroduces the requirement that local government hold public polls to establish Māori Wards and Constituencies rather than being able to establish them by resolution. So, what are Māori Wards and Constituencies, what exactly is the change and what is the controversy surrounding the decision?
What are Māori Wards and Constituencies?
Wards refer to a geographical area within a district or city (territorial authorities). For example, Wellington City Council has five general wards; for the northern, eastern, southern, western, and central areas. Regional authorities have constituencies instead of wards which are the same concept. The Greater Wellington Regional Council has six constituencies for instance, including areas such as the Wairarapa and the Kapiti Coast.
The number of councillors for each ward or constituency depends on the resident population of each area in relation to the total population of the district, city or region.
A Māori ward (if established) comprises all persons on the Māori electoral roll within the territorial or regional area and the number of councillors is determined by a formula based on the proportion of the Māori electoral population to the total electoral population.
What has changed?
Under the Local Electoral Act 2001, if an authority decided to establish a Maori Ward, they had to notify the public of their right to demand a referendum. If 5 percent of electors agreed, a referendum was required. However, in 2021, the Labour Government removed these mechanisms so that authorities could not hold referendums and were able to establish Māori wards by resolution. National and ACT opposed this, and it was part of the coalition agreements that the 2021 changes would be repealed.
These agreements have been delivered through the passing of the Amendment Act in July 2024. Specifically, the Act provides that authorities that either established or resolved to establish Māori wards or constituencies without polling residents, would need to decide by 6 September 2024 whether to retain or dissolve them, or affirm or rescind the resolution. If they chose to retain them or affirm the resolution, the local authority is required to hold a referendum alongside the 2025 local elections. The poll is binding and local authorities cannot establish a Māori ward if more than 50% of the valid votes cast are “No” votes.
There are 45 local councils that this change applies to. Only the Kaipara District Council chose to disestablish its Māori ward, with the Upper Hutt City Council rescinding its resolution to establish at least one Māori Ward for the 2025 and2028 local elections. The other 43 local authorities will therefore be required to hold binding referendums at the next election to determine whether to establish Māori Wards.
If an authority, who does not yet have a Maori ward, wishes to establish one, they will need to hold a referendum.
What is the Controversy?
This decision has attracted political debate. A Waitangi Tribunal report released in May 2024 concluded that the Crown had breached its Treaty obligations, and that the pre-2021 process to establish Māori wards and constituencies was discriminatory and inconsistent with treaty principles.
Local government also have certain statutory obligations to include Māori in local decision-making. There is an argument that the use of Māori wards and constituencies is a mechanism to ensure such obligations are met. Further, there has been back lash from Council’s due to the requirement they cover the cost of holding a referendum.
The argument in favour of holding referendums places the unitary nature of New Zealand’s legal system at the forefront. Creating a specific ward or constituency for Māori may be seen as favouring Māori as a minority over that of the rest of the population. In some councils, the number of Māori enrolled to vote in a Māori ward might be significantly smaller than the number of general electors in a regular ward. This could lead to the perception that each Māori vote carries more weight, potentially giving Māori voters disproportionate influence in local council decisions. This goes against the notion of “majority rule” in a democracy. There is also an argument that Wards are not required for the fulfillment of obligations owed to Māori under the Treaty and under local government law.
For further information on this case or similar issues, please contact Director Brigitte Morten.
