Representation review pānui 9 - Māori entities

A Bill reflecting these changes will be introduced in May 2024, and is planned to be enacted by the end of July 2024. 

Proposed changes relating to Māori wards/constituencies

The proposed changes reflect references in the coalition agreements to “restoring the right to local referendum on the establishment or ongoing use of Māori wards, including requiring referendum on any wards established without referendum at the next Local Body elections”.

There are two main changes regarding Māori wards/constituencies:

• A reintroduction of the binding poll mechanism relating to the establishment of Māori wards/constituencies.
• Transitional arrangements relating to councils that established Māori wards/constituencies since 2020 without holding a poll

Several councils with Māori wards/constituencies will be unaffected by the transitional arrangements. These councils are:

• Bay of Plenty Regional Council
• Ōpōtiki District Council
• Waikato Regional Council
• Wairoa District Council

Tauranga City Council is considered a special case. Transitional arrangements will apply to Tauranga City Council, with different timeframes to apply after its July 2024 election.

The reintroduced binding poll mechanism will apply from the 2025 local elections. This means that it will apply to all future council decisions on Māori wards/constituencies.

What do the proposed changes mean for councils?

The transitional arrangements will require some councils to make decisions. They may also affect or trigger representation review processes for some councils.

We outline the various outcomes below, based on the information that is currently available to us. We will release additional pānui as further information becomes available.

Councils currently reviewing with no Māori wards/constituencies and ‘unaffected’ councils

Councils that are currently undertaking a representation review have been advised to continue with their representation review processes if:

• They have not established Māori wards/constituencies: or
• They are one of the 'unaffected' or special-case councils listed above.

The Government has not indicated any change to the legislative requirements for these councils’ reviews. These councils should continue their representation reviews following the processes currently set out in the Local Electoral Act.

Click here for a list of councils in this category

All other councils that have established Māori wards/constituencies

Once the new legislation is passed, all other councils that have established Māori wards/constituencies will need to follow the transitional arrangements, whether they are currently undertaking a representation review or not.

Please note, these councils will not be able to make any decisions or take any actions under the transitional arrangements until the legislation is passed. This is likely to be in late July.

  -  Councils that established Māori wards/constituencies ahead of the 2022 local elections

Most councils that established Māori wards/constituencies ahead of the 2022 local elections are not currently undertaking a representation review. 

The transitional arrangements will require your council to either:

• Resolve to disestablish Māori wards/constituencies; or
• Hold a binding poll alongside the 2025 local elections to decide whether Māori wards/constituencies should continue.

 Click here for a list of councils in this category

-  Councils that decided to establish Māori wards/constituencies for the 2025 local elections

All councils that decided to establish Māori wards/constituencies for the 2025 local elections currently have representation reviews underway. 

The transitional arrangements will require these councils to either:

• Rescind the decision to establish Māori wards/constituencies; or
• Hold a binding poll alongside the 2025 local elections to decide whether Māori wards/constituencies should continue.

 Click here for a list of councils in this category

Councils that choose to disestablish or rescind

Further transitional arrangements will apply to councils that choose to disestablish or rescind their decision to establish Māori wards/constituencies.

It is currently indicated that councils who wish to disestablish Māori wards/constituencies or to rescind the decision to establish them will need to make this decision between late July (after the legislation is passed) and early September.

If councils choose to disestablish or rescind its decision to establish Māori wards/constituencies, they will subsequently need to either:

• Carry out a shortened representation review prior to April 2025; or
• Revert to the previous representation arrangements that existed prior to Māori wards being established (for councils that established Māori wards/constituencies ahead of the 2022 local elections); or
• Continue to use their current representation arrangements (for councils that choose to rescind their decision to establish Māori wards/constituencies for 2025).

Decisions to disestablish Māori wards/constituencies or to rescind decisions to establish Māori wards/constituencies are likely to bind your council to that position for two triennial elections.

Please note, the details relating to these options are not yet available. This includes the specific steps that councils will need to take in relation to these options, and the dates by which these must be taken. 

Councils that choose to hold a poll in 2025

For councils that make a decision under the transitional arrangements to hold a binding poll alongside the 2025 local elections, the results of that poll will take effect at the 2028 local elections.

What can councils do now?

Councils need to wait until the legislation is passed before making any decisions or taking any steps under the proposed transitional arrangements. 

Steps that councils can take now include:

• Ensuring that elected members understand the above choices and the potential timeframes for making them
• Consider what information they may require to be able to make this decision
• Consider what type of engagements may be useful to ensure they can make informed decisions (noting that the Special Consultative Procedure will not apply to decisions to disestablish a Māori ward/constituency)
• If councils have decided to establish Māori wards/constituencies and are currently undertaking a representation review, they may wish to consider delaying the initial representation proposal at this stage until closer to the 31 July deadline. This will allow time for further details of the proposed legislation change to be released, as well as allowing for greater clarity around the likely timeframe in which the legislation will be passed.

Steps that Māori entities with an interest in local representation can take now include:

• Ensuring that you understand the above choices and potential timeframes that your local council may be making them
• Consider what group your local council may fall into
• Consider what (if any) engagements are required with your local council
• Ensuring relevant people are subscribed to our pānui

Please appreciate that this is newly evolving, and as such councils may not yet have the answers to questions 

The Commission will provide further assistance to councils

The Commission does not advise on legislation change.  However, as soon as we have more detailed information on the proposed changes and the contents of the draft Bill, we will provide guidance to support councils in any required actions or decisions related to their representation.  We will also continue to release further pānui and communications with councils and Māori entities to inform and support them through these processes. We will cover the details of the transitional arrangements once these are announced. 

We will also prepare supplementary representation review guidelines relating to the transitional arrangements for release once the legislation is passed.

You are welcome to contact us directly if you have any questions about what the proposed changes mean, however we encourage you to make contact with your local council in the first instance.

Ngā mihi

The Local Government Commission Team

Councils currently reviewing with no Māori wards/constituencies and ‘unaffected’ councils

• Ashburton District Council
• Auckland Council
• Buller District Council
• Canterbury Regional Council 
• Carterton District Council 
• Central Otago District Council
• Chatham Islands Council
• Clutha District Council
• Gore District Council
• Grey District Council
• Hurunui District Council
• Kaikoura District Council
• Otago Regional Council
• Selwyn District Council
• Southland District Council
• Southland Regional Council
• Timaru District Council 
• Waimate District Council
• Waitaki District Council
• Waitomo District Council
• West Coast Regional Council
• Westland District Council
• Bay of Plenty Regional Council
• Ōpōtiki District Council
• Waikato Regional Council
• Wairoa District Council

Councils that established Māori wards/constituencies ahead of the 2022 local elections

• Far North District Council
• Gisborne District Council
• Hamilton City Council
• Hastings District Council 
• Hawke’s Bay Regional Council
• Horowhenua District Council 
• Kaipara District Council 
• Manawatu District Council 
• Manawatū-Whanganui Regional Council
• Marlborough District Council
• Masterton District Council
• Matamata-Piako District Council
• Nelson City Council
• New Plymouth District Council
• Northland Regional Council
• Ōtorohanga District Council
• Palmerston North City Council
• Porirua City Council
• Rangitikei District Council 
• Rotorua District Council 
• Ruapehu District Council
• South Taranaki District Council 
• Stratford District Council
• Taranaki Regional Council 
• Tararua District Council 
• Taupo District Council 
• Waikato District Council
• Waipa District Council
• Wellington City Council
• Whakatane District Council
• Whangarei District Council 

Councils that decided to establish Māori wards/constituencies for the 2025 local elections 

• Central Hawke’s Bay District Council
• Hauraki District Council
• Hutt City Council 
• Kapiti Coast District Council 
• Kawerau District Council
• Napier City Council
• South Wairarapa District Council
• Tasman District Council 
• Thames-Coromandel District Council
• Upper Hutt City Council
• Wellington Regional Council
• Western Bay of Plenty District Council 
• Whanganui District Council 

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. This 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.