HUMAN RIGHTS IN NEW ZEALAND 20 1 0 including obligations to ensure the contribution of Mäori to decision-making 17 and to consult with all interested The Local Government (Tämaki Makaurau Reorganisation) Act 2009 and the Local Government (Auckland and affected persons. 18 The LGA also sets out a process Council) Act 2009 create a single unified governance for identifying and reporting on community outcomes. structure. They have the primary objective of ensuring In 2010, the Local Government Act 2002 Amendment Bill was introduced. The bill aims to change the way local authorities set their direction and how this can be influenced and assessed by their communities. The bill will achieve this by reinforcing the need for local authorities to focus on the contribution which specified democratic and effective local government to maximise “…the current and future wellbeing of Auckland and its communities”. 20 In other ways, the legislation departs significantly from the format envisaged by the royal commission: • It creates a new mechanism for the devolution of non- ‘core services’ make to its communities. It requires local regulatory activities through Council Controlled Organi- authorities to satisfy themselves that the expected returns sations. This has been the subject of significant criticism from commercial activities are likely to outweigh the because of the lack of transparency in the appointment inherent risks. It also reduces “unnecessary” consultation process. by limiting the opportunity for different communities to consult and act in partnership with local councils. This could undermine the consultation requirements in the principal act and the ability of different communities to influence the activities of local government. Although designed to improve transparency, the bill is also seen as easing the way for increased private-sector involvement in local government operations. 19 The ‘super city’ legislation • There is no specific provision for Mäori representation in the decision-making process. Mäori representation is provided through an independent statutory board which is to “promote issues of significance for mana whenua and Mäori of Tämaki Makaurau” and is designed to ensure that the council acts in accordance with existing Treaty of Waitangi provisions. The board has no real power and is purely advisory. • Provision is made for a Pacific Peoples Advisory Panel In October 2009, Cabinet agreed to a package of and an Ethnic Peoples Advisory Panel with similarly reforms to improve the transparency, accountability and limited roles. financial management of local government. As part of this, a suite of bills was introduced to change the local government structure in Auckland. The legislative change was preceded by a Royal Commission on Auckland Governance, which had reported to the Government in March 2009 following extensive public consultation. • The legislation does not reflect the Royal Commission’s view of local boards. Rather than six local councils, there are a large number of small local boards with poorly defined roles, which are intended to respond to local needs and requirements. The Commission found that regional governance was Other representative bodies weak and fragmented and there was poor community Other bodies that require election or representative engagement. It recommended a single council as the first participation include school boards of trustees, district tier of governance, supported by six local councils that health boards, statutory boards and committees (of which would focus on local engagement and the delivery of there are over 400), registered societies and associations, quality local services. The commission also recommended and electoral colleges. Iwi and runanga trust boards are that there be a number of safeguarded seats on the also examples of representative bodies to which members council for Mäori, in recognition of the Treaty of Waitangi may be elected. Although no accurate figures exist, many and the requirements of the Local Government Act. thousands of New Zealanders are involved in such bodies. 17 LGA 2002, section 8. 18 LGA 2002, section 82 19 Russell McVeagh (2010), Local Government Update, 3 May. Accessible online at http://www.russellmcveagh.com/_docs/ LocalGovernmentUpdate_298.pdf 20 Local Government (Auckland Council) Bill, explanatory note at 9 79