38 M Ä ORI REPRESENTATIO N IN LO CAL GOVE R N M E N T on council seems an unnecessary burden on already strained community relations" (Hayward, 2002, p.30). As Janine Hayward predicted, the same issues have been raised on various occasions when the option has been discussed by other councils. So has another matter raised by her, whether it is appropriate for all Mäori on the Mäori electoral roll to determine Mäori representation when the council’s primary relationship in resource management is with the iwi and hapü that hold mana whenua. These issues have most recently been canvassed by the Royal Commission on Auckland Governance, which recommended a new form of representation for mana whenua alongside the arrangement provided for by the Local Electoral Act 2001. None of the Royal Commission’s recommendations on Mäori representation were accepted by government. However, the provisions of the Local Electoral Act 2001 still apply to the new Auckland Council, which will be able to resolve to establish Mäori constituencies (but not mana whenua representation) once it is established on 1 November 2010. A key problem with the current provision in the Local Electoral Act 2001 is that the decision can only be made by the council and may be challenged by a poll of all eligible voters – in other words, implementation depends on the very shortcomings of the majoritarian process which the Mäori constituencies are designed to address. In each case, as Janine Hayward has pointed out, the same arguments are traversed, and thus far, irrespective of the wishes of Mäori voters, the provision has been rejected. Those who have the power have been unwilling to share it. It seems appropriate that Mäori themselves should determine whether or not they wish to be represented through Mäori wards or constituencies, rather than that option being determined by a majority of existing councillors and challengeable by a poll of all voters. The provisions for Mäori wards and constituencies in the Act do not, after all, diminish the rights of other voters. They simply recognise and affirm the democratic and Treaty rights of Mäori. The principle of one person, one vote is preserved. It is something of an anomaly in the Bay of Plenty that territorial local authorities do not have the same system of Mäori representation, as the regional council and Parliament, although Mäori apparently strongly support (and have sought) the same system across all three levels of government in the region. The Auckland Governance Legislation select committee has urged the new Auckland Council to consider establishing Mäori representation should there be community support for this move. Their own report indicated such support already exists, so the council should be able to give effect to Mäori representation by a simple resolution. It is also incumbent on other regional councils to reconsider the Mäori representation option, given how well it operates in the Bay of Plenty, to give effect to the regional council’s responsibilities for Mäori participation under the Local Government Act 2002. The select committee expressed the belief “that the question of whether the existing legislation provides adequate opportunities for Mäori representation in local government is an issue of national significance, extending beyond Auckland. Resolving this issue should therefore be considered in that context