M ÄO R I R E P R E S E N TAT I O N I N L O CAL GO VE R N M E N T The history Tähuhu körero The lack of Mäori councillors on the Bay of Plenty Regional Council, despite Mäori constituting 28 per cent of the population in the region, prompted the council’s Mäori Regional Representation Committee to propose in 1996 that the council establish Mäori seats similar to the Mäori seats in Parliament. A joint Mäori-council working party was established to consider the issue (Environment Bay of Plenty (d), nd). The working party proposed the promotion of a local bill through Parliament to provide for the establishment of a Mäori constituency (based on the Mäori electoral roll) to elect three councillors. The council called for public submissions. Some 760 written submissions were received in favour of the proposal and 252 against (Trapski, 1998). · The majority of natural resources are owned by tangata whenua. The council appointed Judge Peter Trapski as an independent commissioner to conduct hearings and to provide a report. Judge Trapski reported in 1998 that “in general, the submissions reflected a very strong desire of Mäori to proceed with the proposal" (ibid, p.3). He listed arguments both for and against: · Councillors should stand on their own merits. "Views from those who were in favour of the proposal may be summarised as: · The partnership role under the Treaty of Waitangi dictates that Mäori should be provided with an elected voice on council. · There is no Mäori representation amongst the political members of the council. · There would be better communication between all parties. · Mäori issues and concerns would be given more consideration. · Active participation of iwi at all levels of governance should be supported. · No matter how well intentioned, a Päkehä cannot be a Mäori at heart. · Mäori hapü and iwi should be given the confidence to participate. · It is the only effective method to guarantee Mäori representation. · It provides an imaginative opportunity for justice" (ibid, p.4). The major argument in support of the proposal was that none of the council’s existing 11 seats are occupied by Mäori, despite strong Mäori population in the Bay of Plenty. Those who were against the proposal said: · There is nothing to stop Mäori standing for Regional Council. · The basis of democracy would be undermined. · New Zealanders should be treated equally. · The present system seems fair and democratic. · It will create another area of conflict. · We are one land and one people. · We want to keep the costs of local government down. · It will promote separateness; will lead to apartheid. · The proposal is racist and extraordinarily divisive (Trapski, 1998, p.5). Judge Trapski considered the various arguments against the proposal and said that: It seems to me that however we regard democracy personally, the council, in considering the proposal, ought to be guided by the fact that since 1867, the delivery of democratic government in New Zealand has been effected by a system in which there have been Mäori electorates, and seats in the House of Representatives reserved specifically for 13