Meeting of the
Hawke's Bay Regional Council Māori Committee
Date: 5 June 2024
Time: 12.30pm
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Venue:
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Council
Chamber
Hawke's
Bay Regional Council
159
Dalton Street
NAPIER
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Agenda
Item Title Page
1. Welcome/Karakia/Notices/Apologies
2. Conflict
of Interest Declarations
3. Alternate
member appointments 3
4. Confirmation of Minutes of
the Māori Committee held on 6 March 2024
5. Call
for minor items not on the Agenda 5
Information
or Performance Monitoring
6. Local
Government (Electoral Legislation and Māori Wards and Māori
Constituencies) Amendment Bill 7
7. May
2024 Statutory Advocacy update 13
8. Take
Ripoata ā Takiwā – Taiwhenua representatives' updates 27
9. HBRC
Chair / CE verbal updates on current issues
10. Discussion
of minor items not on the Agenda
Parking
1.
Paid
parking is available on Vautier Street adjacent to the HBRC Building & on
Raffles Street.
2.
There
is free all-day parking further afield – on Munroe Street or Hastings
Street by Briscoes.
3.
There
are limited parking spaces (3) for visitors in the HBRC car park – entry
off Vautier Street – it would be appropriate that the
“visitors” parks be available for the members travelling distances
from Wairoa and CHB.
4.
If
you do pay for parking elsewhere, please provide your receipt with your tavel
claim for the meeting.
NB: Any
carparks that have yellow markings are NOT to be parked in please.
Hawke’s Bay Regional
Council
Māori
Committee
5 June
2024
Subject: Local Government (Electoral
Legislation and Māori Wards and Māori Constituencies) Amendment Bill
Reason for Report
1. This item introduces the
legislative change proposed to reverse changes made by the Local Electoral (Māori Wards
and Māori
Constituencies) Amendment Act 2021 to align provisions for local
government Māori constituencies to those for general constituencies and provides an opportunity for
the Committee to discuss and provide feedback about potential next steps for
the Committee in response to this proposal.
Executive Summary
2. On 4 April 2024 the
Government announced that it would reinstate the ability for groups to petition
Councils for binding polls on the establishment of Māori wards and
constituencies. Effectively reversing changes made in 2021.
3. The Local Government
(Electoral Legislation and Māori Wards and Māori Constituencies)
Amendment Bill (the Bill) was introduced on 20 May 2024 with the intention that
it will be passed by the end of July 2024.
4. The Bill is an omnibus Bill
that amends the Local Electoral Act 2001, the Local Government Electoral
Legislation Act 2023 and the Local Electoral Regulations 2001.
5. The proposed change to
Māori wards/constituencies policies intends to reintroduce binding polls
on whether to establish Māori wards or constituencies and to require
councils (including, at this stage, Hawke’s Bay Regional Council) who
have established Māori wards or constituencies since 2020 to either hold a
binding poll at the 2025 local election or to disestablish its Māori
wards.
6. The policy proposals in the
Bill also include adjusting the statutory timeframes for local elections to
give more time for the postal delivery of voting papers.
Background
7. It is acknowledged that
this Committee, and specific current and previous members of this Committee,
have been involved in the establishment of Māori constituencies for
Hawke’s Bay Regional Council and throughout the region. This was a
complex process containing a wide range of views and involved significant
contributions from across the community.
8. In May 2021 Hawke’s
Bay Regional Council decided to adopt Māori Wards having received 1090
submissions with over 89.23% in support during consultation and having received
unanimous support from the Māori Committee to do so. This had followed on
from years of hui and engagement on this issue including decisions by the
Council to not pursue Māori wards in 2017, and to hold a poll without
taking a stance in 2020.
9. The Government has taken
the position that the impact on existing Māori wards and constituencies as
well as implications for Māori representation in local government more
widely of this proposed change is unknown. However, the clear historical
evidence is that poll provisions for Māori wards had previously been a
largely insurmountable barrier in the pursuit of establishing Māori wards.
10. A briefing paper to the
Minister from the Department of Internal Affairs noted concerns that provisions
may raise issues of discrimination on the basis of ethnicity under the New
Zealand Bill of Rights Act 1990. The Acting Attorney-General (Hon Paul Goldsmith)
on 15 May 2024 provided advice noting that this change impacts those on the
Māori roll rather than Māori as an ethnic group, and that what is
proposed is differential treatment for Māori roll electors in comparison
to general roll electors rather than on the basis of ethnicity. This advice
acknowledges that there is a likely negative impact on Māori roll
electors.
11. It is noted that the
Waitangi Tribunal in its WAI 3365 report on its urgent inquiry into this issue
has found that the Crown has failed in its duty of consultation with Māori
during the policy process for this bill and that its primary recommendation is
that the Bill be halted to allow proper consultation between the treaty
partners.
12. The Council must perform
the duties conferred on it by Government enactment but continues to have a
legislative responsibility to involve Māori in local decision making and
especially where Māori are specifically affected. The decision to adopt
legislation is for the Crown, but decisions regarding advocacy on this issue,
and the implementation and engagement with the community are in the domain of
the Council.
13. It is acknowledged that
tangata whenua and other Māori in Hawke’s Bay and throughout regions
affected by Cyclone Gabrielle are in a unique position both in terms of a
capacity to engage with the Crown and in terms of the immediate significance of
relationships and engagement with local government and the wider community. Of
note, is that this consideration was not included in the WAI 3365 report or in
publicly available information regard the development of the Bill.
Discussion
14. If the Bill is adopted as
proposed and the Council does not choose to disestablish Māori wards for
the 2025 local elections this would mean that the Council would be required to
hold a binding poll at the 2025 local elections.
15. Regardless of the outcome
of that poll the current Māori wards arrangement would still be in effect
at the next local election and Māori ward Councillors would still be
included in the 2025-2028 term.
16. The proposed binding poll
would provide for either a “yes” (to Māori wards) or a
“no” (to Māori wards) option for electors from each roll at
the next local election. A simple majority would be required for either option to
win and these would mean:
16.1. I the case of a
‘Yes’ vote: Māori wards would remain in place at least past
the 2031 local elections.
16.2. In the case of a
‘No’ vote: there would be no ability to have Māori wards in
place for at least the 2028 and 2031 local elections.
17. The Department of Internal
Affairs advises that the Council could avoid a poll at the 2025 election by
deciding to disestablish Māori wards and transitional provisions enable
the following two options:
17.1. The council may be able to
roll back to the previous representation arrangements prior to the
implementation of Māori wards. This would mean that there would be no
ability to have Māori wards for at least the 2025 and 2028 local elections
and a representation review would be required in 2027-28.
17.2. The council could undertake
a shortened representation review to be completed by 23 December 2024 for a
proposal excluding Māori wards. This would also mean there would be no
ability to have Māori wards for at least the 2025 and 2028 local elections
with a full representation review being required in 2030-31.
18. The option to not
disestablish Māori wards is considered default and there would be no
requirement to consult the wider community. The current representation
arrangement was adopted by the Council after significant consultation and
maintaining it is not a change.
19. Napier City Council and
Central Hawke’s Bay District Council would be subject to a different
process as they did not have Māori wards or constituencies at the previous
election.
20. As the Bill progresses
through the parliamentary process changes are likely. The Department of
Internal Affairs advises councils that any decisions on the future of
Māori wards are in their view premature at this stage.
Next Steps
21. Advice and feedback on how
to approach this issue with central government and what should be taken into
consideration by the Council in advocating for a Hawke’s Bay perspective
are welcomed.
22. Staff will update the
Māori Committee on the progress of the Bill and any changes resultant from
the parliamentary process.
23. The Māori Committee
will be given the opportunity to make recommendations for any decisions regard
Hawkes’s Bay Regional Council’s Māori wards at the 2025 local
elections.
Decision-making process
24. Staff have assessed the
requirements of the Local Government Act 2002 in relation to this item and have
concluded that, as this report is for information only, the decision-making
provisions do not apply.
Recommendation
That
the Māori
Committee receives and notes the Local Government (Electoral Legislation and
Māori Wards and Māori Constituencies) Amendment Bill staff
report.
Authored by:
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Allison Doak
Governance Advisor
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Desiree Cull
Strategy & Governance Manager
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Approved by:
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Te Wairama Munro
Te Pou Whakarae
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Attachment/s
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1⇩
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HBRC submission on Local Government
(Electoral Legislation and Māori Wards and Māori Constituencies)
Amendment Bill
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Hawke’s Bay Regional
Council
Māori
Committee
5 June
2024
Subject: May 2024 Statutory Advocacy
update
Reason for Report
1. This item updates the status
of reports on proposals forwarded to the Regional Council and assessed by staff
acting under delegated authority as part of the Council’s Statutory
Advocacy project.
2. The Statutory Advocacy
project centres on local resource management-related proposals upon which the
Regional Council has an opportunity to make comments or to lodge a
submission. These include, but are not limited to:
2.1. resource consent
applications publicly notified by a territorial authority
2.2. district plan reviews or
district plan changes released by a territorial authority
2.3. private plan change
requests publicly notified by a territorial authority
2.4. notices of requirements for
designations in district plans
2.5. non-statutory strategies,
structure plans, registrations, etc prepared by territorial authorities,
government ministries or other agencies involved in resource management.
3. In all cases, the Regional
Council is not the decision-maker, applicant nor proponent. In
the Statutory Advocacy project, the Regional Council is purely an agency with
an opportunity to make comments or lodge submissions on others’
proposals. The Council’s position in relation to such proposals is
informed by the Council’s own plans, policies and strategies, plus its
land ownership or asset management interests.
4. The summary outlines those
proposals that the Council’s Statutory Advocacy project is currently
actively engaged in.
Decision-making process
5. Staff have assessed the
requirements of the Local Government Act 2002 in relation to this item and have
concluded that, as this report is for information only, the decision-making
provisions do not apply.
Recommendation
That
the Māori
Committee receives and notes the May 2024 Statutory Advocacy update.
Authored by:
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Gavin Ide
Principal Advisor Strategic Planning
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Nichola Nicholson
Team Leader Policy & Planning
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Approved by:
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Katrina Brunton
Group Manager Policy &
Regulation
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Attachment/s
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1⇩
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May
2024 Statutory Advocacy update
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