Local Government (Auckland Council) Bill
Second reading
Tuesday 15 September 2009; 4.20pm

Hon Tariana Turia, Co-leader of the Maori Party

I’d like to acknowledge the work of the officials, the members of the select committee and all of those who made submissions.

Over two decades ago, an esteemed group met in Auckland to hear the Orakei claim.

That group, consisting of Chief Judge Eddie Durie; the late Bishop Manuhuia Bennett, the late Sir Monita Delamere, Professor Gordon Orr, Professor Keith Sorrenson, and Georgina Te Heuheu met to consider why Ngati Whatua had lost its land.

And all sorts of explanations had been put forward – from ‘native inexperience’ to ‘modern technology’ to the suggestion that Ngati Whatua were a dying race and that they needed to 'divest themselves of their trappings' in order to progress.

None of these reasons satisfied this esteemed group, and in their report, the Waitangi Tribunal concluded, and I quote that Ngati Whatua was a

“a tribe that initiated and aided substantially the establishment of Auckland on its land, that stood by the Crown in moments of great crises, that held fast to law and order despite every vicissitude put upon it, and which suffered the most dreadful consequences … through no fault of its own – and great fault on the part of others”.

The Tribunal’s report is just one of a rich archival history that records the context surrounding the gift of Auckland to the Crown.

Ngati Whatua is reputed to be the first iwi to promote British settlement following Te Tiriti o Waitangi. They probably regret that now.

All of this was done on the basis that eventually Ngati Whatua would share in the economic benefits of the establishment of the head of state amongst their people.

That would be what one might think a partnership might bring with it, an honourable relationship.

Mr Speaker, the Local Government (Auckland Council) Bill would have provided a perfect opportunity for the honourable intentions of Ngati Whatua to at last be recognised.

The legislation, to establish the governance structure of the Auckland Council, could have provided for a specific mechanism to present and represent the values of mana whenua.

The Royal Commission handed this mechanism to the Government on a silver plate. Its recommendations sought to:

• establish a Treaty of Waitangi Standing Committee elected from the Māori roll for every local and regional council;
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• have specific numbers of seats for both mana whenua and non-mana whenua Māori on local and regional councils;
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• Māori being represented within the governance structure as well as an autonomous forum outside the governance structure (Regional Manawhenua Committee);
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• and ensuring there were tribal representatives who oversaw kaitiakitanga of their respective taonga.
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However as the record now well and truly shows, and Select Committee has endorsed, there will be no Maori seats be established on the Auckland Council, despite substantial support from submitters to the Select Committee – and indeed submitters to the Royal Commission of Inquiry into Auckland Governance.

Such a decision calls into serious question the fundamental basis of the parliamentary democratic process that is to reflect decision-making ‘of the people, for the people’.

Even though a substantial proportion of the 2538 submissions recommended it, and indeed the 3,537 submissions received by the Royal Commission on Auckland Governance - no provision is made for Maori representation.

We supported the Royal Commission recommendations regarding mana whenua seats and I’m proud we did Mr Jones, because it is mana whenua who aided and initiated the establishment of Auckland, not taura here.

Instead the Select Committee recommends that Maori representation is best decided by the people of Auckland via the provisions of the Local Electoral Act 2001.

Letting Auckland decide hasn’t exactly been successful up till now. As our colleague Tau Henare expressed so clearly

“Maori political representation signifies progress, eight Maori councillors’ elected on to the Auckland city council in the last 150 years does not.”

Maori political representation is not only consistent with current provisions in the Local Government Act 2002; it is also about upholding the nation’s constitutional foundations.

The Maori Party believe that dedicated Maori seats uphold the relationship established between Maori and the Crown through the Treaty of Waitangi, including the partnership established with the mana whenua of the Auckland region.

Mr Speaker, during the select committee process, Ngati Whatua Nga Rima O Kaipara noted an historical request from rangatira Paora Tuhaere in 1860 calling for unity between Maori and the Crown in governance.

In respect of this humble call from the people then, we will be putting forward a series of five amendments to lay in the House as options to invest in decision-making by mana whenua; and to strengthen Maori representation in the SuperCity Council.

The amendments are as follows:

(1) two mana whenua seats, with the candidates put up by mana whenua, and voted on by all Maori;

(2) two mana whenua seats, whereby the candidates sign a whakapapa declaration, voted on by all Maori

(3) two Maori seats, voted on by all Maori

(4) one Maori seat, voted on by all Maori

(5) and finally, ensuring that Local Electoral Act 2001 provisions are lawful, if Auckland council members or electors want to establish Maori seats.

The reality is, Mr Speaker, that our whanau, hapu and iwi have a good deal to offer at the governance table for a ‘greater’ Auckland region.

The National Urban Maori Authority came to the Select committee, demanding that the legislation acknowledge the Treaty obligations by ensuring Maori participation not only at the council level but also every Ward and every at large Council area cascading down into the Board and acknowledged through the totality of administration.

This is about opting-in; being inclusive; enabled to participate. It is about Treaty justice; social justice.

Justice must be the guiding ethical ideal for Parliament, and its members and committees. We must summons the collective courage to create new laws to set new and just precedents to resolve enduring issues of concern to the nation – and the Local Government (Auckland Council) Bill should be a pathway forward to do just that.

Finally, I refer again to the importance of this Bill – and the opportunity it could have afforded us to create a representative democracy; a democracy built on the founding document of this land, Te Tiriti o Waitangi.

Such an aspiration is probably best summarised in one of the submissions to the select committee, from Ariel Armstrong of Papakura. I quote from that submission:

It is long past time when NZ acknowledged Te Tiriti o Waitangi in the most meaningful way, by ensuring Maori voices are heard at the most important tables.

Our historic debt to Maori, particularly in regards to the role played in the history of Tamaki Makaurau, needs to be recognised. It would reflect our countries heritage, build our society as a whole and position it for the next century.

Voting on our five amendments is one way that we can right the wrongs, demonstrate we have heard the views of the people, and ensure that Maori voices are heard at the most important tables.

Na reira, tena tatou katoa.

ENDS

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