28 M Ä ORI REPRESENTATIO N IN LO CAL GOVE R N M E N T Provisions of section 19Z of the Local Electoral Act 2001 Section 19Z of the LEA 2001 provides two options for councils to consider the issue of Mäori wards or constituencies: 1) The council may resolve that the district, city or region be divided into Mäori wards or constituencies. The resolution would need to be made by 23 November two years before the next elections. The decision of council would be effective for the next two triennial elections (unless a poll is held). It would continue in effect after those two elections until a further resolution is made by council or a poll of electors is held. 2) A poll may be conducted whereby every elector in the district, city or region (on both the Mäori and general electoral rolls) has the opportunity to vote on whether or not the district, city or region should be divided into Mäori constituencies. The majority view of those who voted will determine the result of the poll. Such a poll could either be initiated by council or demanded by at least five per cent of the public. The outcome of either poll is binding and overrides any resolution of council. It is also effective for next two elections. Neither of these options is compulsory. Councils also have the option to do nothing, which is, in effect, a decision to maintain the status quo. Councils are not able to determine the number of Mäori wards or constituencies, how many Mäori members shall be elected nor the boundaries of any wards or constituencies, as this is determined by the LEA 2001. The formula for calculating the number of Mäori members for election is contained in Clause 4 of Schedule 1A of the LEA 2001. The number of Mäori wards or constituencies would also impact on the number of general wards or constituencies. It should be noted that councillors elected from the Mäori electoral roll are required – as are councillors elected from the general roll – to make a declaration under Clause 14 of the 7th schedule to the Local Government Act 2002 to act in the best interests of the district generally. It should also be noted that candidates for a Mäori ward or constituency do not have to be on the Mäori electoral roll, and candidates could be non-Mäori. Only electors on the Mäori roll, however, can vote in an election in a Mäori ward or constituency, and only electors on the general roll can vote in an election in a general ward or constituency, preserving the principle of one person, one vote at the local level. How many councils have considered the issue? Of the 64 territorial authorities that responded to the information request, 54 had considered the establishment of Mäori wards (84.38 per cent). Of the 10 regional authorities that responded to the information request, nine had considered the establishment of Mäori constituencies (90 per cent). How many councils have not? Of the 64 territorial authorities that responded to the information request, 10 had not considered the establishment of Mäori wards (15.63 per cent). Of the 10 regional authorities that responded to the information request, one had not considered the establishment of Mäori constituencies (10 per cent).