Meeting of the Hawke's Bay Regional Council



Date:                 Wednesday 15 November 2017

Time:                9.00am


Council Chamber

Hawke's Bay Regional Council

159 Dalton Street





Item       Subject                                                                                                                  Page


1.         Welcome/Apologies/Notices 

2.         Conflict of Interest Declarations  

3.         Confirmation of Minutes of the Regional Council Meeting held on 25 October 2017

Decision Items

4.         Māori Constituencies                                                                                                     3  




Wednesday 15 November 2017

Subject: Māori Constituencies


Reason for Report

1.      To enable Council to consider the establishment of one or more Māori constituencies, as part of its Representation Arrangements, for the election of representatives of Tangata Whenua by electors on the Māori Electoral Roll, with effect from the 2019 triennial elections.


2.      The Local Electoral Act 2001 (LEA) provides that Māori constituencies may be established, either by way of a local authority resolution (s19Z) or as the outcome of a poll of electors (s19ZB and s19ZD).

2.1.      If the Council resolves to establish Māori constituencies, the resolution must be made by 23 November 2017 for the Council’s decision to take effect from the 2019 triennial elections. The resolution would be effective for the next two triennial elections and would continue in effect after these two elections, until a further resolution is made by Council, or until a poll is held.

2.2.      If the Council decides to initiate a poll, it must do so by 21 February 2018 for the result of the poll to be effective for the next two triennial elections in accordance with LEA s19ZG. The outcome of a poll is binding and overrides a resolution of Council. If the result of the poll is to establish Māori constituencies it would be effective for the next two elections and would continue in effect until a resolution is made by Council or a poll of electors is held.

2.3.      At least 5% (5535) of the Region’s electors enrolled at the previous triennial election may demand a poll be held on the subject of establishing Māori constituencies - at any time. If a valid demand for a poll is received by 21 February 2018 then a poll must be held by 21 May 2018. The result of the poll will be effective for the next two next two triennial elections, and beyond until a further resolution of Council is made or poll of electors is held.

3.      A Council resolution or a poll decides whether or not Māori constituencies will be established only. The LEA requires that a Representation Review must be undertaken when a decision is made to establish Māori constituencies, and so if Māori constituencies are to be established the details of the number constituencies, constituency boundaries and names, and the total number of elected representatives will be determined through Council’s Representation Review being undertaken in 2018.

Application of Legislation

4.      The number of Māori members for election is calculated in accordance with LEA clause 4 of Schedule 1A of the Act. Using this calculation, the Council could have two Māori members when the Council’s total membership ranges from 9 (current) to 14 members.

5.      If Māori constituencies were created, two members of Council would be elected from the Māori constituencies, and the other members would be elected from the general constituencies. Only electors on the Māori electoral roll are entitled to vote for candidates in a Māori constituency, and only electors on the general electoral roll are entitled to vote for candidates in general constituencies. No one can vote in both a general and a Māori constituency.

Regional Council Governance Structures and Representation Arrangements

6.      Councils have developed a number of different structures, mainly various types of committees (both formal and informal) for engaging iwi in decision-making and seeking their views. These are either independent of, or work alongside, other relationship or co-governance agreements. Two regional councils have established Māori constituencies

7.      Bay of Plenty Regional Council (EBoP) was the first to establish Māori constituencies (3) under the Bay of Plenty (Māori Constituency Empowering) Act 2001. In addition to its Māori constituencies, the EBoP governance structure (attached) includes statutory joint committees established by legislation.

8.      Waikato Regional Council (WRD) established two Māori constituencies through its Representation Review in 2012, and voted to retain the Nga Hau e Wha and Nga Tai ki Uta seats for the 2019 elections at its meeting on 26 October 2017. In addition to its Māori constituencies, the WRC governance structure (attached) includes co-governance and co-management groups.

9.      Greater Wellington Regional Council (GWRC) considered whether to establish a Māori constituency at its meeting on Tuesday 31 October, the outcome of which was to defer the decision. GWRC co-governance and/or co-management arrangements include:

9.1.      Te Upoko Taiao – Natural Resources Plan Committee, consisting of six Councillors and six non-Councillor members appointed by Council (nominated by each of the six iwi authority signatories to the Memorandum of Partnership between Te Tangata Whenua ki Te Upoko o te Ika a Māui and Wellington Regional Council Te Pane Matua Taiao). This Committee was launched in October 2009 to promote the sustainable management of the region’s natural and physical resources, particularly their use, development and protection, by overseeing the Council’s regulatory responsibilities in relation to resource management, including the review and development of regional plans, and is underpinned by a Charter of Understanding.

10.    Canterbury Regional Council’s (ECan) Canterbury Water Management Strategy (CWMS) project agreed to by the Canterbury Mayoral Forum and Ngāi Tahu formed the basis of a collaborative, locally driven process aimed to improve environmental, cultural, economic and social outcomes in 10 areas – ecosystem health/biodiversity, braided rivers, kaitiakitanga, drinking water, recreational and amenity opportunities, water use efficiency, irrigated land area, energy security and efficiency, regional and national economies, and environment limits – and set targets in each of these for 2015, 2020 and 2040. An excerpt from the ECan Local Governance Statement about its Governance Structure is attached.

Strategic Fit

11.    Effective partnerships with Māori are not only a legislative requirement, but an aspiration of this Council. One of the strategic drivers in HBRC’s Strategic Plan (2017-2021) is partnerships with tangata whenua.

12.    Increasingly there are both statutory and non-statutory drivers for improved and more formalised tangata whenua direct engagement in co-governance. Natural resource management is a very high priority focus for tangata whenua and the HB Regional Planning Committee Act 2015 has increasingly required HBRC to work closer with tangata whenua in response. Simultaneously tangata whenua have been moving through Treaty settlement processes which are providing greater capability, influence and economic strength to Māori within the region. In tandem these developments have rapidly increased the expectation on HBRC to co-govern and co-manage the region’s natural resources.

Considerations of Tangata Whenua

13.    As is usual HBRC practice, as a first step in the process staff asked Council’s Māori Committee to consider the matter of Māori constituencies. In the past the Māori Committee has always responded with “no we don’t want Council to pursue this” but this time the answer was “we want to hear the views of iwi and hapu and offer a collective view/recommendation to Council”.

14.    As a result of the Māori Committee resolutions, the Committee invited staff and Regional Planning Committee Tangata Whenua representatives to a workshop to discuss how best to collect Māori views, resulting in the scheduling of four Hui-a-Iwi in October.

15.    The four Hui-a-Iwi (one in each of the four Taiwhenua areas of Hawke’s Bay) were organised and invitations issued to anyone interested via newspaper ads, facebook pages, Taiwhenua and HBRC websites. The Māori Committee representative from the Taiwhenua facilitated the Hui-a-Iwi in their area, asking for feedback on whether or not Māori (and Māori values/voices) are effectively/fairly represented on the Regional Council – at the council table. Staff attended each of the hui to provide the legislative and process related information and to answer any of those types of questions, being clear that we were there to listen.

16.    As the aim of the exercise was for the Māori Committee to find out what those ‘directly affected by the decision’ want and think, staff have not consulted with the ‘wider’ community.

17.    The feedback from the Hui-a-Iwi, in the form of an agreed recommendation to Council, is attached. Mike Paku (Te Taiwhenua o Heretaunga), Deputy Chairman of the Māori Committee, will address the Council to present the feedback and recommendation.

Options for Council

18.    The options for Council’s decision are outlined following (and flowchart attached), including consequential requirements and/or processes.

19.    Council can resolve “yes, establish one or more Māori Constituencies for the 2019 and 2022 elections”.

19.1.    Council must then publicly notify that resolution and the option for 5% of Hawke’s Bay electors to demand a poll (by 21 February 2018).

19.2.    If a valid demand for a poll is received by 21 February, then a poll is required to be held by 21 May 2018 (not later than 89 days after the notification). The outcome of the poll is binding and overrides a resolution of Council.

19.3.    If there is no valid demand for a poll by 21 February, then Council considers the details of the Māori constituencies through its Representation Review.

20.    Council can resolve to hold a poll (prior to 21 May 2018) to have binding effect for the 2019 and 2022 elections.

20.1.    A poll date is scheduled, and the poll held (estimated cost $225-230k)

20.2.    Council considers the outcome of the poll in determining its Representation Arrangements through the Representation Review process

20.3.    The result of the poll remains in effect for two electoral cycles, and then until either a Council resolution is made or a poll is held.

21.    Council can resolve to not establish Māori constituencies, or not resolve any decision, and therefore “retain the status quo”. In either case there is no requirement to notify the public of that decision, however Council may decide to advise the public of the current situation, and the public’s right to demand a poll on the issue “at any time”.

Financial and Resource Implications

22.    Depending on the decision made by Council the financial and resource implications will vary.

22.1.    If Council resolves to establish one or two Māori constituencies, and no demand for a poll is received, governance costs may increase from the 2019 local body election onwards if the total number of councillors is increased through the Representation Review.

22.2.    If a poll is sought, either directly by Council or as the result of a demand for a poll, staff have been advised that the cost of holding a poll will be in the vicinity of $230,000. This is currently unbudgeted expenditure.

Decision Making Process

23.    Council is required to make every decision in accordance with legislative requirements. Staff have assessed the requirements in relation to this item and have concluded:

23.1.   The decision is allowed in accordance with Local Electoral Act 2001 Section 19.

23.2.   The persons affected by this decision are the electors and ratepayers of the Hawke’s Bay Regional Council.

23.3.   The decision is not inconsistent with an existing policy or plan.

23.4.    Given the nature and significance of the issue to be considered and decided, and also the persons likely to be affected by, or have an interest in the decisions made, Council can exercise its discretion and make this decision which is then subject to public notice and consultation provisions through Council’s Representation Review process to be conducted in 2018, and in accordance with the Local Electoral Act 2001.



That the Hawke’s Bay Regional Council:

1.      Receives and considers the “Māori Constituencies” staff report.


2.      Resolves in accordance with s.19Z of the Local Electoral Act 2001 to establish one or two Māori constituencies to allow for the election of two representatives for the Hawke’s Bay Regional Council with effect from the 2019 triennial elections.

3.      Resolves that, in accordance with s.19ZA of the Local Electoral Act 2001, a public notice be issued, of Council’s decision and of the public’s right to demand a poll on the matter of establishing Māori constituencies.


4.      Receives and considers the “Māori Constituencies” staff report.


5.      Resolves, in accordance with s.19ZD of the Local Electoral Act 2001 to hold a poll on whether or not to establish Māori constituencies for the Hawke’s Bay Region, with effect from the 2019 triennial elections, and that a public notice is issued of Council’s decision.

6.      Instructs the Chief Executive to give notice, in accordance with s.31(3) of the Local Electoral Acti 2001, to the Council’s Electoral Officer, that a poll is to be held as soon as practicable and not more than 89 days from today.

7.      Notes that the costs for a poll on whether or not to establish Maori constituencies for the region are estimated to be $225,000 – 230,000 (representing 2.25-2.3% general rates increase) of unbudgeted expenditure.


8.      Receives and considers the “Māori Constituencies” staff report.


9.      Resolves, in accordance with s.19Z of the Local Electoral Act 2001, to not establish Māori constituencies for the Hawke’s Bay Region.

10.    Instructs the Chief Executive to give notice of Council’s decision in this regard.



Authored by:

Leeanne Hooper



Approved by:

Liz Lambert

Group Manager
External Relations





Taiwhenua Feedback and Māori Committee Recommendation




Decision Processes Flowchart




Population Statistics




Examples of Co-governance & Representation Arrangements




Taiwhenua Feedback and Māori Committee Recommendation

Attachment 1


Decision Processes Flowchart

Attachment 2


Population Statistics

Attachment 3


Population Statistics

Attachment 3


Examples of Co-governance & Representation Arrangements

Attachment 4