Representation review pānui 11 - Maori entities

Update on the Local Government (Electoral Legislation and Māori Wards and Māori Constituencies) Amendment Bill

The Local Government (Electoral Legislation and Māori Wards and Māori Constituencies) Amendment Bill has now completed the select committee process.  The Justice Committee reported back to Parliament on the Bill last week.  The Bill is expected to  be passed by the end of July 2024.  You can find the draft Bill and track its progress through Parliament at this link:

Local Government (Electoral Legislation and Māori Wards and Māori Constituencies) Amendment Bill

The Justice Committee report to Parliament is available here:

Final report (Local Government (Electoral Legislation and Māori Wards and Māori Constituencies) Amendment Bill)

The Commission will issue additional Guidelines for councils as soon as possible once the Bill is enacted.

We outlined at a high level what the Bill may mean for councils in pānui 9. 

The Justice Committee’s report recommends some technical amendments that clarify the decisions councils can make under the transitional arrangements.  In some cases, the amendments will limit the options available to councils. The key amendments are:

Effect of decision to disestablish or rescind

If a council decides to disestablish or rescind its decision to establish Māori wards/constituencies, any decisions it has already made in the current representation review cycle will have no effect.  Similarly, if the Commission already has any proceedings underway in relation to a council’s review, they too will have no effect. 

Options if a council chooses to disestablish, or rescind its decision to establish Māori wards/constituencies

The Bill identifies two groups of councils that have established Māori wards/constituencies:

• Group 1 councils:  Councils that established Māori wards/constituencies ahead of the 2022 local elections
• Group 2 councils:  Councils that decided to establish Māori wards/constituencies for the 2025 local elections

The transitional arrangements require councils in both groups to either:

• resolve to disestablish (Group 1 councils) or rescind their decision to establish (Group 2 councils) Māori wards/constituencies by 6 September 2024; or
• hold a binding poll alongside the 2025 local elections to decide whether Māori wards/constituencies should continue

If a Group 1 council resolves to disestablish its Māori wards/constituencies, it can either:

• resolve to revert to the representation arrangements that applied at the 2019 election if it can meet the requirements set out in clause 15; or
• undertake a shortened representation review (see below)

If a Group 2 council resolves to rescind its decision to establish Māori wards/constituencies, it can either:

• resolve to continue its existing representation arrangements if it can meet the requirements set out in clause 35; or
• undertake a shortened representation review (see below)

All councils must publicly notify a resolution to revert. 

Limitations on councils’ ability to revert

Councils must use Stats NZ 2023 population estimates when considering whether to revert to previous or existing representation arrangements.

Clauses 15 and 35 specify that a council can only revert to previous or existing representation arrangements if those arrangements:

• comply with the +/- 10% rule; or
• do not comply but have previously been exempted by a determination of the Local Government Commission.

Previous exemptions by the Commission continue to apply only to those specific wards, constituencies or subdivision that were non-compliant at the time the Commission approved the exemption.  If a previously compliant ward, constituency or subdivision has since become non-compliant, the council cannot revert to previous or existing arrangements.  In such a case, the council must undertake a shortened representation review.

What is a shortened representation review?

A shortened representation review must follow the same steps as a normal review but using the timeline set out in clauses 21 to 28 of the Schedule of the Bill.  The first step under a shortened representation review is to resolve an initial proposal by 13 September 2024.

You can read the subsequent deadlines in clauses 21 to 28 of the Schedule here:

Schedule: New Part 3 inserted into Schedule 1 of Local Electoral Act 2001

Councils considering undertaking a shortened representation review must use the Statistics New Zealand 2023 population estimates (based on the 2018 Census data).  2023 Census data will not be available in time for this representation review cycle.

Councils will need to wait for the Bill to be enacted before making any decisions under the transitional arrangements. 

Contacting us

If you have any questions on representation reviews in your rohe, please get in touch.  You can contact us at lgc@lgc.govt.nz.

 Ngā mihi

The Local Government Commission Team

The information contained in these updates is intended to support well-informed council decisions and good practice throughout the representation review process.  Specific representation arrangements are decisions for each council.  The information is provided by Commission officials and does not reflect a particular view or preference of the Commission for any specific representation arrangement.  Where representation is determined by the Commission, each determination is considered on its own merits taking into account the information available to the Commission.