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M Ä ORI REPRESENTATIO N IN LO CAL GOVE R N M E N T
Labour MP Dover Samuels:
The constitutional right of Mäori to elect Mäori
members in specific Mäori electorates came
from this Parliament. Our people out there in
the constituencies, in the regional and district
councils, ask for nothing more or less than the
right to be able to exercise their democratic
right in exactly the same way that we do in
this House (ibid, p.33).
Parliament passed the act in October
2001. Despite the dire predictions of some
members about the prospect of racial division,
Environment Bay of Plenty councillors and
iwi seem largely to consider that the law has
improved relationships and lessened division.
Local Government Electoral Amendment
Act 2002
The Local Government Electoral Amendment
Act 2002 extended the option of Mäori wards
or constituencies to all regional councils and
territorial local authorities. As a result of the
amendment, section 19Z of the Local Electoral
Act 2001 provides that a territorial authority
may resolve that its district be divided into one
or more Mäori wards, and any regional council
may resolve that its region be divided into one
or more Mäori constituencies, for electoral
purposes. The council must notify the public
of their right to demand a poll of all voters on
the question. The resolution takes effect for
the next two triennial elections and continues
thereafter subject to any further resolution or
poll demanded by voters.
Local Electoral (Repeal of Race-Based
Representation) Amendment Bill
In 2006, the National MP for Bay of Plenty, Tony
Ryall, drafted a private member’s bill, the Local
Electoral (Repeal of Race-Based Representation)
Amendment Bill, which was drawn from the
ballot and introduced to the House. In speaking
to his bill, Tony Ryall said:
The bill that I have moved and am debating
tonight is a bill designed to repeal those
provisions of local government law that
provide for separate Mäori wards and
constituencies in local authorities. At present,
the Local Electoral Act provides for an option
of separate Mäori wards and constituencies at
district and regional council level, and the Bay
of Plenty Regional Council (Mäori Constituency
Empowering) Act 2001 mandates such seats
in that region. If this bill passes, it will repeal
the provisions of the Local Government Act
that allow there to be separatist race-based
legislation, or race-based seats on councils …
and also remove the provisions of that Act in
respect of the Bay of Plenty Regional Council.
The outcome will be that there will be no
racially based electoral representation in local
government.
When the previous government brought in
legislation to provide for separate race-based
wards in local government, the Labour Party
hailed it as some sort of brave new world.
Since that time, not one local community has
chosen to set up separate race-based seats
– not one local council has chosen to have
separate race-based seats. The provisions are
unused and they are already antiquated. They
are not necessary and they are divisive. Those
communities that even considered having
separate Mäori representation soon found a
complete lack of support in their communities
for it, from all groups in the community,
and they also found those seats divisive and
completely unnecessary.
The National Party view, which we enunciated
in our election policy at the last election,
is that race-based representation is no
longer needed in New Zealand, either at a