The New Zealand government introduced the Local Government (Electoral Legislation and Māori Wards and Māori Constituencies) Amendment Bill on Monday. Notably, this legislation will reinstate local electorate polls on Māori wards and constituencies in spite of the Waitangi Tribunal’s finding that it contravenes the Treaty of Waitangi, one of New Zealand’s foundational constitutional documents finalized between Māori and the Crown.
The new legislation shall restore the public’s right to press for regional councils and territorial bodies to hold a binding referendum concerning the establishment of Māori wards. This right is exercised when petitioned by 5 percent of electors within the district.
In a report published on May 17, the Waitangi Tribunal called for the government to temporarily halt the legislative process to allow ample consultation with the Māori community. Particularly, the tribunal emphasized that the failure to involve Māori parties represents a “clear breach of the Treaty” and a serious violation of the principle of partnership, especially as the measures in question were initially introduced to eradicate existing discriminatory obstacles to Māori political representation at a local level.
As defined, “wards” are delineated electoral areas within a city or district. Voters within these wards then choose a representative for local governance. Under section 19Z of the Local Electoral Act 2001, both councils and authorities are given the power to create a ward where Māori descendants can select candidates, ensuring indigenous representation within the local government.
It’s important to note that binding polls are unique to the establishment of Māori wards and do not apply to the general wards involving the wider electoral populace. In the past, public-initiated polls have frequently led to the abolition of Māori wards. For instance, in 2018, five councils saw their decisions to establish Māori wards reversed just a year following votes in favor of their establishment.
The Māori people are Aotearoa New Zealand’s indigenous Polynesian population, making up 17.3% of the country’s populace. The bill’s introduction swiftly follows the New Zealand Court of Appeal’s decision to overturn a ruling that blocked a summons order issued by the Waitangi Tribunal concerning the government’s partial repeal of legislation meant to protect Māori children in care.
While the bill is prepared to proceed through the legislative process, its progression to the select committee stage remains unclear at this point. Should it advance to this stage, public consultation will be sought.