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 · where an option involves a significant decision in relation to land or a body of water, take into account the relationship of Mäori and their culture and traditions with their ancestral land, water, sites, wähi tapu, valued flora and fauna, and other täonga" (section 77(1)(c)) (ibid, chapter 22 s.19). The Royal Commission also examined the optional provision in the Local Electoral Act 2001 for Mäori representation on regional councils and territorial local authorities and noted “currently, none of the eight councils in the Auckland region has Mäori wards or constituencies. In 2008, both Manukau City Council and Waitakere City Council considered and rejected the establishment of Mäori wards in their areas" (ibid, chapter 22 s.28). It noted two Mäori seats had previously been provided for on the Auckland Regional Council (ARC) through the Local Government Amendment (No 2) Act in 1986, but that this was repealed without being implemented as part of the 1989 local government reforms. There were three dominant themes in Mäori submissions to the Royal Commission: · the need to recognise and uphold the Treaty of Waitangi · the desire for guaranteed representation on Auckland’s governance structures · discussion as to whether seats should be reserved specifically for mana whenua and or taura here representatives (ibid, chapter 22 s.41-43). The Royal Commission was told guaranteed representation meant “seats at the decisionmaking table, not merely a presence on nonbinding advisory committees" (ibid, chapter 22 s.50). The point was made that “Mäori are currently under-represented on all of Auckland’s governance structures, from the ARC to territorial authorities and community boards. The percentage of Mäori amongst those elected to local authorities is low by comparison with the percentage of Mäori in the local population" (ibid, chapter 22 s.51). It was argued that “the under-representation of Mäori was not a result of Mäori failing to stand for election, but was instead attributed to the inability of many Mäori candidates (particularly if they were perceived to have an overtly Mäori agenda) to secure election by a non-Mäori majority. The effectiveness of the Mäori vote has also been weakened by low Mäori voter turnout in local elections" (ibid, chapter 22 s.52). The Royal Commission concluded that Mäori should have a certain number of specific, safeguarded seats at the regional level, “consistent with the spirit and intent of the provisions in the Local Government Act 2002, which require local authorities to consider ways in which they can provide opportunities for Mäori to contribute to decision-making processes, and require them to establish and maintain processes for Mäori to contribute to decision-making" (ibid, chapter 22 s.56). It said “the best way of ensuring that Mäori have an opportunity to contribute to decision-making is to provide them with seats at the decisionmaking table. The Local Government Act 2002 already provides local authorities with the option of establishing specific seats for Mäori, but this is not mandatory at present" (ibid, chapter 22 s.57). In the Royal Commission’s view, the key reasons for establishing safeguarded Mäori seats relate to · the special status of mana whenua of the Auckland region, and their obligations of kaitiakitanga and manäkitanga · the special status of all Mäori as partners under the Treaty of Waitangi (ibid, chapter 22 s.58). The fact that Mäori constitute a certain (underrepresented) percentage of the population is 23