Representation review pānui 12 - Māori organisations
- Local Government (Electoral Legislation and Māori Wards and Māori Constituencies) Amendment Bill becomes law
- Aspects to consider when developing final representation proposals
- Progress around the motu
Kia ora koutou,
Welcome to our latest pānui. This update covers:
- Local Government (Electoral Legislation and Māori Wards and Māori Constituencies) Amendment Bill becomes law
- Commission guidelines for local authorities making decisions on Māori wards and Māori constituencies now available
- Developing final proposals
- Progress around the motu
Local Government (Electoral Legislation and Māori Wards and Māori Constituencies) Amendment Bill becomes law
The Local Government (Electoral Legislation and Māori Wards and Māori Constituencies) Amendment Bill (the Bill) had its third reading in Parliament on Tuesday 30 July. It subsequently received royal assent the same day. This means that the Bill has now become law, and is available at this link:
The Schedule of the Act includes transitional provisions relating to councils that established Māori wards or constituencies since 2020 without holding a poll. Councils are divided into Group 1 or Group 2 councils on when they resolved to establish their Māori wards or constituencies. The Schedule to the Act includes the list of councils in Group 1 and Group 2.
Bay of Plenty Regional Council, Waikato Regional Council, Wairoa District Council and Ōpōtiki District Council are not required to follow the transitional provisions in the Schedule to the Act. There are specific provisions in the Schedule relating to Tauranga City Council.
We set out the changes that were proposed by the Bill in pānui 9 and pānui 10 and outlined amendments to the Bill as a result of the select committee process in pānui 11. These have now been included in the Act.
There were additional amendments to the Bill as it passed through the Committee of the Whole stage. The main change for councils to be aware of is that, unless otherwise excepted by the Act, all Group 1 and Group 2 councils are now required to resolve the following by 6 September 2024:
- Group 1 councils (that established Māori wards or constituencies ahead of the 2022 election) must:
- Resolve to retain the Māori wards or Māori constituencies they have established since 2020; or
- Resolve to disestablish the Māori wards or Māori constituencies they have established since 2020
- Group 2 councils (that resolved to establish Māori wards or Māori constituencies ahead of the 2025 election) must:
- Resolve to affirm their resolution to establish Māori wards or Māori constituencies for the 2025 election; or
- Resolve to rescind their resolution to establish Māori wards or Māori constituencies for the 2025 election.
Any councils that resolve to retain Māori wards or constituencies, or to affirm their resolution to establish them, will be required to hold a poll alongside the 2025 election as to whether the district or region should continue to be divided into Māori wards or constituencies.
Prior to this amendment the Bill only required councils to make an active decision to disestablish their Māori wards or constituencies, or to rescind the decision to establish them. Now, all Group 1 and Group 2 councils will be required to actively consider and resolve whether they wish to retain/affirm their Māori wards or constituencies or to disestablish/rescind the resolution to establish them.
The special consultative procedure does not apply to council decisions to retain/affirm the resolution to establish Māori wards or constituencies or to disestablish/rescind the decision to establish Māori wards or constituencies. Council should be guided by their Significance and Engagement Policy and the decision-making requirements of the Local Government Act 2002 in considering the level of community engagement that is required ahead of making this resolution.
Group 1 or Group 2 councils must make the required resolution between 31 July 2024 and 6 September 2024. This is required even if a council:
- Has resolved to retain its Māori wards or constituencies, or has resolved to affirm its decision to establish them prior to 31 July 2024; or
- Has already commenced a representation review process in 2024 that incorporates Māori wards or constituencies.
Commission guidelines for local authorities making decisions on Māori wards and Māori constituencies now available
The Commission has released guidelines for local authorities making decisions on Māori wards and Māori constituencies. These are available on our website. The guidelines identify factors and considerations for Group 1 and Group 2 local authorities to take into account when passing resolutions and making the determinations referred to in the Bill’s transitional provisions.
Please contact the Commission on lgc@lgc.govt.nz if you have any questions about what actions councils are required to take under either the amendment, or the wider Bill.
Developing final proposals
Many councils are now approaching the end of the submissions period on their initial representation proposal and will be preparing their final proposals.
A few reminders of some aspects that should stay front of mind when preparing final proposals.
- Final proposal only required if submissions are received on the initial proposal
Once councils have passed their initial proposals, a submissions period follows. If the submission period closes and no submissions have been received, then the initial proposal automatically becomes final and the representation review process concludes. Any councils in this position should not pass a final proposal. However, they are still required to:
-
- Refer the proposal to the Commission for determination if any arrangements fall outside the +/-10% rule
- Give public notice of the representation arrangements
- Notify the Commission, Stats NZ, the Remuneration Authority, the Secretary for Local Government and the relevant regional or territorial authorities
- Ensure new boundary plans are prepared (if any boundaries have been altered through the process)
- Final proposals confirming or amending the initial proposal
Councils can either confirm or amend the representation arrangements included in their initial proposal in their final proposal. Any changes made in the final representation proposal should be based on submissions received during the submissions period on the initial representation proposal
If a council confirms its initial proposal, appeals are limited only to submitters on the initial proposal. However, if a council amends its initial proposal then appeals can be received from submitters to the initial proposal and objections can be received from any interested party.
- Reasons must be given
Councils must give reasons explaining why submissions have been accepted (and changes made to the initial representation proposal) or rejected. These reasons must be included in each council’s public notice of the final proposal.
- Reasons should be specific.
Specific reasons should be stated that explain how the matters raised in a submission relate to the effect of the representation proposal on communities of interest or the principles of fair and effective representation. It is not sufficient to quote legislative provisions as the reason for a submission being accepted or rejected, the reason must be specific to the local context of each council.
For example, if changes proposed via submissions would result in a constituency, ward or subdivision departing from the +/-10% rule, it would not be sufficient to quote the legislative exceptions for departing from the +/-10% rule. Instead, the reasons would need to explain why the legislative exceptions to the +/-10% rule do or do not apply.
A reminder that all final representation proposals are required to be made, and publicly notified, within 8 weeks of the closing date for submissions on the initial representation proposal.
Progress around the motu
Almost all councils undertaking representation reviews are now well underway with the process. Below is a snapshot of where various councils are up to:
Councils that have resolved their initial proposals (or expect to do so today):
- Ashburton District Council
- Auckland Council
- Bay of Plenty Regional Council
- Buller District Council
- Canterbury Regional Council (ECAN)
- Carterton District Council
- Central Hawke’s Bay District Council
- Clutha District Council
- Far North District Council
- Hutt City Council
- Kaikoura District Council
- Kapiti Coast District Council
- Kawerau District Council
- Napier City Council
- Ōpōtiki District Council
- Otago Regional Council
- Selwyn District Council
- Southland District Council
- Southland Regional Council
- South Wairarapa District Council
- Tasman District Council
- Thames-Coromandel District Council
- Timaru District Council
- Waipa District Council
- Wairoa District Council
- Waitaki District Council
- Waitomo District Council
- Whanganui District Council
Councils that have resolved their final representation proposal:
- Gore District Council
- Hauraki District Council
- Hurunui District Council
- Waikato Regional Council
- Waimate District Council
- Westland District Council
Councils that have concluded the appeals/objections period and are awaiting a determination from the Commission:
- Central Otago District Council
Councils that have completed the process entirely:
- Chatham Islands Council
- Grey District Council
- West Coast Regional Council
Ngā mihi
The Local Government Commission Team
The information contained in this update 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 merit taking into account the information available to the Commission.