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 rather than through this piece of legislation" (Auckland Governance Legislation Select Committee Report on Local Government (Auckland Council) Bill, 2009, p.9). This could be addressed by means of an amendment to the Local Government Electoral Act to allow Mäori to determine for themselves whether they wish to avail themselves of the representation available under the Act. The wider question of mana whenua representation, as opposed to representation of Mäori in general, as canvassed by the Royal Commission, does indeed require further discussion, but need not impede an initial amendment to give the decision on representation of Mäori to Mäori themselves. Given the local nature and the complexities of mana whenua, its expression may best be discussed at the local level and, where Treaty settlement negotiations are in process, perhaps in that context. Recommendations The Human Rights Commission recommends that: • analysis of the results of the 2010 local elections should be undertaken to determine the extent of Mäori representation • iwi should discuss whether or not they want Mäori seats on their local or regional council • the new Auckland Council should proceed to establish Mäori seats without further ado, subject to re-endorsement by Auckland iwi • discussions should take place between councils and iwi on Mäori seats and Mäori representation prior to the next representation review (in 2011-12) • councils should support the Mäori choice • Environment Canterbury commissioners should resolve to establish a Mäori constituency for Environment Canterbury for the 2013 elections • there should be further national discussion on improved provision for Mäori representation. 39

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