22 M Ä ORI REPRESENTATIO N IN LO CAL GOVE R N M E N T Mäori representation on the new Auckland Council He kanohi Mäori kei runga i te Kaunihera hou o Tämaki Makaurau The Royal Commission on Auckland Governance The Royal Commission on Auckland Governance considered the governance and representation arrangements for Mäori on the proposed Auckland Council, “recognising that Mäori constitute a unique community of interest with special status as a partner under the Treaty of Waitangi" (chapter 22 s.2). It noted that Mäori constitute approximately 11per cent of Auckland’s total regional population, falling into two broad categories: mana whenua Mäori, who have ancestral rights to occupy the Auckland region or part of it, namely their tribal rohe; and nonmana whenua groups, or taura here Mäori, who do not identify with any of the mana whenua groups in the Auckland region. They may identify with iwi or hapü whose tribal rohe are elsewhere in New Zealand, or they may not have any particular tribal affiliations. They are sometimes loosely referred to as “urban Mäori”. In the Auckland region, taura here greatly outnumber mana whenua Mäori, with the largest groups being Ngäpuhi (50,040), followed by Ngäti Porou (13,215), Te Rarawa (6843) and Tühoe (5685), with a further quarter of urban Mäori not identifying with any iwi at all (Royal Commission on Auckland Governance, chapter 22 s.10). The Royal Commission noted that according to tikanga Mäori, mana whenua status brings with it special responsibilities, in particular: · manäkitanga: a sacred obligation to care for all people within your rohe, including taura here and non-Mäori · kaitiakitanga: a sacred obligation to protect Papatuanuku (the Earth Mother) within your rohe (ibid, chapter 22 s.14). It quoted a submission from Te Whänau o Waipareira Trust, which saw the distinction between mana whenua and taura here as follows: We make a clear distinction in regard to mana whenua rights over Resource Management Act consultations to which we have never interposed. We reserve absolutely the right and status to assert our rights on matters touching health, welfare, education, justice and the economy in the event local government impacts on these matters. The distinction between our rights and those of mana whenua rely solely on mana whenua ancestral rights predicated on matters arising from that ancestral entitlement. Mana whenua rights do not besmirch or remove our rights and our status as Mäori under the Treaty of Waitangi (ibid, chapter 22 s.15). The Royal Commission noted that the Local Government Act 2002 makes it clear that it is the Crown, not local government, that is a party to the Treaty and has direct obligations to Mäori as a result, but that “nonetheless, local authorities must also take certain steps in order to recognise and respect the Crown’s responsibility to take appropriate account of the principles of the Treaty of Waitangi" (ibid, chapter 22 s.18). “Specifically, the Local Government Act 2002 requires local authorities to: · ensure they provide opportunities for Mäori to contribute to decision-making processes (section 14(1)(d)) · establish and maintain processes to provide opportunities for Mäori to contribute to decision-making processes (section 81(1)(a)) · consider ways in which they can foster the development of Mäori capacity to contribute to decision-making processes (section 81(1) (b)) · provide relevant information to Mäori (section 81(1)(c))