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 parliamentary level or a local government level. We believe that it is divisive (New Zealand Parliamentary Debates (Hansard), p.6773). In the ensuing debate, Mäori MP Pita Sharples responded that: …the fatal flaw in Mr Ryall’s logic is that he has mistaken representation of tangata whenua as representation based on race rather than as a Treaty right … Section 19 of the Local Electoral Act 2001, which relates to the ability of the councils to establish Mäori wards or constituencies, is an important model of the Treaty in action in our contemporary times … I have to wonder why the constitutional significance of tangata whenua, which was recognised in the provision for Mäori wards and constituencies, has been relegated to being about the race card… The Mäori Party believes that population-based Mäori seats in local body councils represent the absolute minimum in terms of meeting Treaty obligations. I commend the Bay of Plenty Regional Council for being the first council to make such seats a reality. We believe that the Treaty partners – Mäori and the Crown – should be pursuing opportunities to debate new forms of governance and other means by which we may share political power. Democracy is more than one person, one vote. Democracy is to be actively involved in the matters of one’s nation and community (New Zealand Parliamentary Debates (Hansard), p. 6777). The bill failed to proceed beyond its first reading. Local Electoral (Mäori Representation) Amendment Bill In 2010, the Member’s Bill of the Mäori Party MP for Waiariki, Te Ururoa Flavell – the Local Electoral (Mäori Representation) Amendment Bill – was drawn from the ballot and introduced into the House. The bill proposed to remove voluntary provisions for Mäori representation in local government and instead require all territorial authorities and regional councils to establish Mäori wards and constituencies. The bill also proposed a new formula to that already contained in the Local Electoral Act 2001 for calculating the number of Mäori seats. The new formula would be calculated from total population data as opposed to electorate population data. The reason given for this change was that 40 per cent of the Mäori population is under 18 years and is therefore excluded from representation under the current formula (‘General Policy Statement��, Local Electoral (Mäori Representation) Amendment Bill). It was deemed that the proposed bill was subject to a section 7 report by the Attorney-General, as to whether it limited the right to be free from discrimination contained in the New Zealand Bill of Rights Act 1990. After reviewing the bill, the Attorney-General concluded that it limited the right to be free from discrimination by appearing "to discriminate against non-Mäori because the proposed formula for calculating the number of Mäori seats would lead to disparity in representation between Mäori wards or constituencies and general wards or constituencies" (Report of the Attorney-General on the Local Electoral (Mäori Representation) Amendment Bill, p 2). 17