Despite a Waitangi Tribunal Claim reporting that proposed Māori wards legislation is a breach of Te Tiriti o Waitangi,
the Coalition Government proceeded with introducing the Bill to Parliament on Monday 20th of May.
The Local Government (Electoral Legislation and Māori Wards and Māori Constituencies) Amendment Bill aims to reverse
legislation on Māori wards which was passed in 2021 to level the playing field for Māori to be represented on local
councils, by removing the ability to veto or disestablish Māori wards through local referendums.
Before the law was changed, 24 councils attempted to establish Māori wards but only three were successful in doing so.
Councils and communities report that the barrier to implementing Māori wards was the rise of small groups of organised
racists causing division and upheaval in local communities. Once the law was changed, the number jumped to 45 councils
planning to adopt Māori wards.
The Coalition Government has promised to reverse the 2021 change and force a number of councils to either scrap their
Māori wards or take them to a referendum in the 2025 election. Many councils have publicly stated their disagreement
with the proposed change and that referendums are expensive, divisive and a distraction from meaningful issues. Local
Government NZ says this decision is overreach from central government.
A Waitangi Tribunal claim granted urgency produced a report last Friday the 17th of May stating that the Bill proposed
by National MP Simeon Brown breaches the Crown’s obligations to Te Tiriti o Waitangi. The Department of Internal Affairs
also informed Brown that it could conflict with the Bill of Rights Act.
Despite this, the Coalition pushed ahead with introducing the Local Government (Electoral Legislation and Māori Wards
and Māori Constituencies) Amendment Bill yesterday.
ActionStation supported a number of local community groups to push for the 2021 change, and are disturbed by the
Coalition’s willingness to breach Te Tiriti o Waitangi.
“Māori wards have been positive additions to local councils around the country. We have incredible people contributing
to their communities, and making sure Māori voices are heard in local decision-making. But the Coalition Government
plans to force these roles to be scrapped, purely to advance an ideological agenda, instead of respecting what is best
for local communities. ” says Kassie Hartendorp, ActionStation Director.
The Waitangi Tribunal found that the Crown breached Te Tiriti o Waitangi on the basis of prioritising the coalition
agreement over its Te Tiriti obligations and refusing to consult with its treaty partners.
“The ease in which the Coalition Government is riding roughshod over their obligations to Te Tiriti is disturbing. The
Waitangi Tribunal is a key feature of our democracy that holds our governments to account on the agreement that our
country was founded on. To ignore the Tribunal is to start to unravel our social and legal fabric,” says Hartendorp.
She says that if the law passes, the Coalition Government will be deliberately enabling small groups of racists to cause
division and harm through referendums at local councils.
“This Government wants to drag us back into a racist past, and will ignore their treaty partners, local councils, their
legal obligations and democratic community processes to do it.”
Information is yet to be released about next steps for consultation.
Notes:
Please see attached Waitangi Tribunal report or online version here: https://forms.justice.govt.nz/search/Documents/WT/wt_DOC_213683858/Maori%20Wards%20W.pdf
The Bill can be found here: The Bill can be found here - https://www.legislation.govt.nz/bill/government/2024/0046/latest/whole.html?search=ad_bill______25_an%40bc%40rn%40dn%40apub%40aloc%40apri%40apro%40aimp%40bgov%40bloc%40bpri%40bmem%40rpub%40rimp_bc%40ainf%40anif%40bcur%40rinf%40rnif_y_aw_se_=1#d5650788e2