26 M Ä ORI REPRESENTATIO N IN LO CAL GOVE R N M E N T is not only in breach of the Treaty of Waitangi, but that is as short-sighted as it is discriminatory. It is short-sighted because it fails to acknowledge the reality of what Mäori have to offer at the governance table for a “greater” Auckland region, and it is discriminatory because it denies recognition of the status of Mäori as a people – a right recognised in every international human rights instrument developed in international law since the end of World War Two. We do not agree that the committee was prevented from making a recommendation for dedicated Mäori seats due to a lack of consensus on how Mäori representation might be best expressed. The submissions received from mana whenua were consistent with one another and proposed a path forward that both acknowledged their status as mana whenua and included all Mäori living in the Auckland region, consistent with tikanga Mäori. We also do not agree with the committee’s view that the issue of Mäori representation on the Auckland Council is best resolved through the Local Electoral Act 2001. Considerable time and funds have already been spent on canvassing public opinion (3537 submissions were received by the Royal Commission on Auckland Governance, and 2538 submissions by this committee), resulting in strong support for the establishment of Mäori seats. In light of this, the committee’s decision to recommend that yet more time and money be spent on seeking the views of electors in the Auckland region is illogical and fiscally irresponsible. Justice should be the guiding ethical ideal for Parliament, and its members and committees, including the courage to create new laws to set new and just precedents to resolve enduring issues of concern to the nation – as was done in the previous Parliament in repealing section 59 of the Crimes Act. Instead, the opportunity to set a new, just standard for the recognition of mana whenua and Mäori in governance arrangements has been bypassed. The report of the committee is unjust, improper and politically motivated. The bill signals an enduring and profoundly disturbing fear of sharing decision-making with Mäori as provided for in the Treaty of Waitangi" (Auckland Governance Legislation Committee Report on Local Government (Auckland Council) Bill, 2009, p.30-32). Proposal for a statutory Mäori advisory board The bill was passed without making provision for Mäori representation. The subsequent Local Government (Auckland Law Reform) Bill provided “arrangements for a board to promote issues of significance for mana whenua and Mäori for Tamaki Makaurau.” In June 2010, this bill was divided into three: the Local Government (Tamaki Makaurau Reorganisation) Amendment Bill, the Local Government (Auckland Council) Amendment Bill and the Local Government (Transitional Provisions) Bill. All three were subsequently passed on 14 June 2010. The provisions relating to the establishment of a statutory Mäori advisory board are now contained in sections 81-89 of the Local Government (Auckland Council) Amendment Act 2010. The purpose of the board is to “promote cultural, economic, environmental, and social issues of significance for mana whenua and Mäori of Tamaki Makaurau to assist the Auckland Council in making decisions, performing functions, and exercising powers.” The general functions of the board set out in section 84 are to: · act in accordance with its purpose and functions and to ensure it does not contravene the purpose for which it was established · develop a schedule of issues of significance to mana whenua and Mäori of Tamaki Makaurau,