24
M Ä ORI REPRESENTATIO N IN LO CAL GOVE R N M E N T
also relevant, but of lesser importance – there
are many minority groups in the Auckland
region in this position. The Royal Commission
does not believe, therefore, that the number
of Mäori seats on the regional entity should be
linked to fluctuations in the number of Mäori as
a proportion of the total population over time.
In fact, having specific, safeguarded seats for
Mäori may become even more important if the
percentage of Mäori as a proportion of total
population declined over time. In that case, Mäori
candidates would be even less likely to be voted
in as part of the general election process (ibid,
chapter 22 s.59).
In other words, the Royal Commission’s primary
reason for making these recommendations is
to give effect to obligations under the Treaty of
Waitangi. General considerations of equity and
fairness of representation also come into play, but
to a lesser extent (ibid, chapter 22 s.60).
Having considered various ways in which Mäori
representation could best be provided for, the
Royal Commission recommended that:
· two Mäori members should be elected to the
Auckland Council by voters who are on the
parliamentary Mäori electoral roll
· there should be a Mana Whenua Forum, the
members of which will be appointed by mana
whenua from the district of the Auckland
Council
· the Mana Whenua Forum should:
appoint a representative to be a councillor on
the Auckland Council (ibid, chapter
22 s.71); through its representative on the
Auckland Council, advise the Auckland Council
on issues of relevance to mana whenua
(ibid, chapter 22 s.72); appoint the members
of Watercare’s Mäori Advisory Group (ibid,
chapter 22 s.79).
Local Government (Auckland Council) Bill:
select committee report
The Government did not include the Royal
Commission’s recommendations for Mäori
representation in the Local Government
(Auckland Council) Bill introduced to Parliament
in 2009. The Auckland Governance Legislation
Committee select committee (including a special
sub-committee on Mäori representation), having
considered public submissions, reported that:
“A large number of submitters recommended
ensuring Mäori had representation in some
form under the new governance structure.
Many argued that Mäori representation should
be guaranteed as of right because of the
principles of the Treaty of Waitangi and the
special status of tangata whenua, or in order
to remain consistent with the provisions of the
Local Government Act 2002, which provide for
Mäori input into decision-making at the local
level. While there was substantial support for
Mäori representation on the council by way
of reserved seats, there was no consensus
on whether this representation should be
specifically for mana whenua, or for tangata
whenua as a whole, and whether the seats
should be reserved on the Auckland Council
or local boards. There was some support for
representation in other forms, such as an
advisory body, committee, or forum.
While we acknowledge that some form
of Mäori representation, advocacy or
partnership would be valuable within the
Auckland governance structure, the majority
of us believe that it is up to the people of
greater Auckland to decide what shape this
representation should take, and whether
representation should be for tangata whenua,
mana whenua, or both. Such representation
could, for example, be provided in the
committee membership of the Auckland
Council. The majority of us therefore urge
the Auckland Council to carefully consider
establishing Mäori representation should
there be community support for this move.