Agenda of Māori Committee - Wednesday, 21 August 2024

Meeting of the Hawke's Bay Regional Council Māori Committee

Date: 21 Aug 2024

Time: 10.00am

Venue:

Council Chamber

Hawke's Bay Regional Council

159 Dalton Street

NAPIER

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 meeting held on 5 June 2024

Decision Items

5. Local Electoral (Māori Wards and Māori Constituencies) Amendment Act 2024 – recommendation to HBRC 5

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

21 August 2024

Subject: Local Electoral (Māori Wards and Māori Constituencies) Amendment Act 2024 – recommendation to HBRC

Reason for report

1. This item provides the means for the Māori Committee, as key advisors to Council and representatives of the most affected communities, to consider making a recommendation to the Regional Council on a preferred pathway in response to the requirements of the Local Electoral (Māori Wards and Māori Constituencies) Amendment Act (LEMAA).

Staff recommendations

2. Staff suggest that the Māori Committee makes a formal recommendation to the Regional Council to resolve to retain its Māori constituencies.

Background

5. On 29 May 2024, Hawke’s Bay Regional Council submitted in opposition of the proposed changes outlined in the Local Government (Electoral Legislation and Māori Wards and Māori Constituencies) Amendment Act 2024 (LEMAA) and confirmed that:

5.1. In 2021 the Regional Council initiated extensive community engagement directly with the Hawke’s Bay community on whether to establish Maori constituencies. This included targeted engagement with iwi, hapu and marae as affected parties and given its significance, a comprehensive region-wide consultation with our communities using the special consultative procedure under the Local Government Act 2002. More submissions were received on this topic than any long-term plan. A resounding 89.23% of the 1,090 submitters supported the establishment of Maori constituencies.

5.2. Following public consultation, HBRC voted unanimously to establish Māori constituencies. This was further consulted on as part of a Representation Review and the Council agreed to establish two Māori constituencies – Māui ki te Raki and Māui ki te Tonga. Māori constituency councillors were elected for the first time at the local body elections on 8 October 2022.

6. Following over 10,000 submissions, the LEMAA was passed on 30 July 2024 and has been enacted.

7. The LEMAA amends the Local Electoral Act 2001, the Local Government Electoral Legislation Act 2023 and the Local Electoral Regulations 2001, and:

7.1. reinstates the ability for 5% of electors to demand a poll on Māori wards and Māori constituencies.

7.2. requires councils to hold a binding poll during the 2025 local elections if a poll was not previously held when establishing Māori wards/constituencies, determining if the region should be divided into one or more Māori constituencies from the 2028 general election.

7.3. adjusts the statutory timeframes for local elections to give more time for the postal delivery of voting papers.

8. The Act directs that by 6 September 2024, the Regional Council must make an active decision to retain their Māori constituencies or to disestablish them.

9. Schedule 1 does not set out any criteria for councils to consider when deciding whether or not to disestablish Māori constituencies however guidance from the Local Government Commission suggests that councils should consider the principles of the Local Electoral Act as set out in section 4, being:

1. The principles that this Act is designed to implement are the following:

(aa) representative and substantial electoral participation in local elections and polls:

(a) fair and effective representation for individuals and communities:

(b) all qualified persons have a reasonable and equal opportunity to—

(i) cast an informed vote:

(ii) nominate 1 or more candidates:

(iii) accept nomination as a candidate:

10. The following flowchart illustrates the two pathways available to the Council and the subsequent processes required depending on which pathway is chosen:

Options analysis

11. If the Council chooses to retain the Māori constituencies for the 2025 elections, no further action is required until the poll results are known. Any follow-on actions will take place in the lead-up to the 2028 elections.

12. If the Council decides to disestablish its Māori constituencies on 28 August 2024, a subsequent decision must be made by 6 September 2024 regarding the representation arrangements for the 2025 triennial election.

12.1. If the Council reverts to its pre-2020 representation arrangements (pathway 1.1), a full representation review will be required in 2027-28. Under the LEMAA, this review cannot include Māori constituencies, and the next opportunity to consider (re)establishing them would be during the 2033-34 representation review.

12.1.1. Note that HBRC is scheduled to undertake a full representation review in 2027-28 in accordance with the six-yearly cycle.

12.2. If the Council decides to undertake a shortened review in 2024 (pathway 1.2) to determine the representation arrangements for the 2025 elections, the six-yearly review cycle will reset. The next chance to consider Māori constituencies would be during the 2030-31 review. Additionally, the Council must finalise its proposed arrangements, including the number, names, and boundaries of constituencies, by 13 September 2024.

13. Any future representation reviews that consider Māori constituencies, aside from pathway 2.1, may be subject to the 5% petition for a binding poll.

Considerations of tangata whenua

14. Due to the direct impact of the LEMAA on those on the Māori roll and the limited timeframe for the Council’s decision, Governance and Māori Partnerships staff selected the Māori Committee to gather tangata whenua views for a recommendation to the Council. This process began with an email to all Regional Planning and Māori Committee tangata whenua representatives on 16 July, followed by a subsequent email after the enactment of the LEMAA.

15. In response to the request for views, as of 15 August, we have received five recommendations in support of retaining Māori constituencies and conducting a binding poll at the 2025 local elections from Maungaharuru Tangitū Trust, Mana Ahuriri Trust, Ngāti Kahungunu Iwi Incorporated, Wairoa Taiwhenua, and Te Taiwhenua ō Te Whanganui-a-Orotū.

Decision-making

16. Council and its committees are required to make every decision in accordance with the requirements of the Local Government Act 2002 (the Act). Staff have assessed the requirements in relation to this item and have concluded:

16.1. The decision does not significantly alter the service provision or affect a strategic asset, nor is it inconsistent with an existing policy or plan.

16.2. The use of the special consultative procedure is not prescribed by legislation.

16.3. The persons affected by this decision are voters in Local Government elections.

16.4. Given the nature and significance of decision to be made, the Māori Committee can exercise its discretion without consulting with the wider community.

Recommendations

That the Māori Committee:

1. Receives and considers the Local Electoral (Māori Wards and Māori Constituencies) Amendment Act 2024 – recommendation to HBRC staff report.

2. Recommends that Hawke’s Bay Regional Council:

2.1. Resolves to retain the Māui ki te Raki and Māui ki te Tonga Māori constituencies for the 2025 elections.

2.2. Resolves to disestablish the Māui ki te Raki and Māui ki te Tonga Māori constituencies.

Authored by:

Jack Smith-Ballingall

Manager, Central & Internal Relationships

Leeanne Hooper

Team Leader Governance

Approved by: