New Zealand’s High Court recently heard judicial review proceedings filed by northern Māori iwi seeking to halt a district council’s decision to disestablish an Indigenous constituency. Te Rūnanga o Ngāti Whātua, representing the Māori applicants, is pursuing an interim injunction, arguing that the Kaipara District Council (KDC) failed to meet its obligations under the Local Government Act 2002 to sufficiently include Māori in decision-making processes.
In an extraordinary meeting marked by the presence of at least 150 protestors, the Kaipara District Council voted six to three to end the Māori Ward in its constituency. This decision comes in the wake of the Local Government (Electoral Legislation and Māori Wards and Māori Constituencies) Amendment Act signed into law on July 30. The legislation mandates councils that established Māori wards since 2020 without referendums to hold a binding poll during the next local government elections in 2025, or retract their decision to avoid a poll entirely — which KDC opted to do.
Ngāti Whātua’s case emphasizes sections 81 and 82 of the 2002 Act, which articulate local authorities’ responsibilities to Māori, including principles of consultation and offering reasonable opportunities for affected parties to express their views. These sections underscore procedural requirements that, according to Ngāti Whātua, were overlooked by the KDC.
Māori wards enhance Indigenous representation in local government by allowing electors on the Māori roll to vote for candidates of Māori descent. It is noteworthy that binding polls are exclusively required for the establishment of Māori wards, a distinct requirement that does not apply to general electoral wards. Historically, these polls have often resulted in the reversal of decisions to establish Māori wards, as evidenced in 2018 when referenda led to the dissolution of such constituencies in five councils.