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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.