34 M Ä ORI REPRESENTATIO N IN LO CAL GOVE R N M E N T which would affect their rights, through representatives chosen by themselves in accordance with their own procedures, as well as to maintain and develop their own indigenous decision-making institutions." • The reliance on population and the Mäori electoral roll also obscures the questions of whether and how to provide for mana whenua groups as well as taura here (Mäori resident in the area who are not tangata whenua in the area). The Royal Commission on Auckland Governance canvassed this issue and made a recommendation for a mechanism to accommodate both mana whenua and taura here. • There is some lack of consensus among iwi in regions where more than one group holds mana whenua, i.e. some groups want Mäori wards, others do not. In other areas, existing Mäori committees or advisory groups consider that Mäori wards or constituencies would lessen their (positive) role and influence. There was concern that where only one Mäori councillor could be elected, they may not be able to adequately represent the views of all iwi. It should be noted, however, that the establishment of Mäori wards does not preclude other non-electoral avenues for engagement with Mäori. Environment Bay of Plenty, for example, has other non-electoral mechanisms in place to assist in engagement with Mäori. This raises the question of whether dedicated Mäori wards or constituencies are the best vehicle for realising Mäori aspirations in a particular district, city or region. • At the very least, where there is evidence in the responses from local authorities that they have seriously considered the issue of Mäori wards or constituencies, consultation and engagement on the issue – regardless of the outcome – appears to have enhanced engagement with Mäori. Some councils who did not resolve to establish Mäori wards or constituencies did resolve to establish or improve their processes for engaging with Mäori. A further question is whether dedicated Mäori wards or constituencies need to be specifically legislated by central government. While researching the paper and conducting the survey, the Human Rights Commission received some feedback from Janine Hayward, Associate Professor in Politics at the University of Otago. Professor Hayward has been researching local government and Mäori relations since the mid-1990s. She has published in this area and presented evidence to the Waitangi Tribunal on this issue. Professor Hayward welcomed the focus on Mäori representation and reminded the Commission that central government has a key role to play in this issue, even as the issue concerns matters of local decision-making. She commented "I am increasingly of the belief that central government has an obligation to intervene and compel local government to provide more effective representation for Mäori. It is almost 10 years since local government was first given options to address this issue, and Mäori remain chronically under-represented. The Local Government Act reminds us that the Crown (not local government) is the Treaty partner; central government must therefore accept responsibility for this important problem and find immediate and appropriate solutions." She noted further that while some councils have taken excellent initiatives to increase Mäori participation in local government with good results. "Others have failed to engage in this question at all, and are under very little compulsion to do so." More specifically, she recommended that legislation should be amended to establish Mäori constituencies for all regional councils and territorial local authorities.

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