Terms of reference – Tangata
Whenua/Tauranga City Council Committee
Common responsibilities
and delegations
The following common responsibilities and delegations apply
to all standing committees.
Responsibilities of standing committees
·
Establish priorities and guidance on programmes
relevant to the Role and Scope of the committee.
·
Provide guidance to staff on the development of
investment options to inform the Long Term Plan and Annual Plans.
·
Report to Council on matters of strategic
importance.
·
Recommend to Council investment priorities and
lead Council considerations of relevant strategic and high significance
decisions.
·
Provide guidance to staff on levels of service
relevant to the role and scope of the committee.
·
Establish and participate in relevant task
forces and working groups.
·
Engage in dialogue with strategic partners, such
as Smart Growth partners, to ensure alignment of objectives and implementation
of agreed actions.
- Confirmation of committee minutes.
Delegations to standing committees
·
To make recommendations to Council outside of
the delegated responsibility as agreed by Council relevant to the role and
scope of the Committee.
·
To make all decisions necessary to fulfil the
role and scope of the Committee subject to the delegations/limitations imposed.
·
To develop and consider, receive submissions on
and adopt strategies, policies and plans relevant to the role and scope of the
committee, except where these may only be legally adopted by Council.
·
To consider, consult on, hear and make determinations
on relevant strategies, policies and bylaws (including adoption of drafts),
making recommendations to Council on adoption, rescinding and modification,
where these must be legally adopted by Council,
·
To approve relevant submissions to central government,
its agencies and other bodies beyond any specific delegation to any particular
committee.
·
To appoint a non-voting Tangata Whenua
representative to the Committee.
·
Engage external parties as required.
Terms of reference – Tangata Whenua/Tauranga City Council
Committee
Membership
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Independent chairperson
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Mr Huikakahu Kawe
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Deputy chairperson
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Mayor Tenby Powell
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Tauranga City Council
members
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Cr Jako Abrie
Cr Kelvin Clout
Cr Bill Grainger
Cr Heidi Hughes
Cr Tina Salisbury
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Tangata Whenua members
6 members from the Tauranga Moana Tangata Whenua Collective
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Ms Matire Duncan
Mr Hayden Henry
Mr Puhirake Ihaka
Mr Whitiora McLeod
Mr Buddy Mikaere
Ms Irene Walker
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Quorum
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Half of the members physically present, where the
number of members (including vacancies) is even; and a majority
of the members physically present, where the number of members (including
vacancies) is odd
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Meeting frequency
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Formally three times per year at Council Chambers
Informally meet three times a year on marae with all members
of both the Council and all members from the Tangata Whenua Collective
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Rapua te huarahi whanui hei ara whakapiri
i nga iwi e rua i te whakaaro kotahi
Seek the broad highway that will unite the two peoples
toward a common goal.
Note: the Terms of Reference for this Committee are being
reviewed.
Membership
Partners Tauranga
City Council and "nga hapu me nga iwi o Tauranga Moana" representing
Tangata Whenua within the Tauranga City Council rohe (boundaries).
Tangata
Whenua representatives are to be those with signed hapu protocols. One of the
six Tangata Whenua representatives is to be a Kaumatua. Kaumatua representation
is to have the ability to be shared between two Kaumatua if required.
Background
Council is
committed to establishing and monitoring appropriate links with Tangata Whenua
to enable effective relationships to develop and meet a number of legislative
requirements including those under the Resource Management Act 1991 and the
Local Government Act.
1. Tangata Whenua
are deemed to be the respective Iwi and Hapu of Tauranga Moana.
2.
The Local Government Act 1974 and Local Government Act 2002 contain
provisions relating to the exercise of the powers, functions and duties of the
Tauranga City Council.
Principles
of the partnership
The Partners:
·
Recognise the Treaty of Waitangi as the founding document of
Aotearoa NZ.
·
Will work with respect, goodwill, honesty, trust and integrity
toward the other party and celebrate cultural diversity.
·
Recognise that the relationship is a mutual two-way relationship
and any changes of the agreement need to involve discussions and agreement
between the partners.
·
Recognise the need for Tauranga City Council to work within a
legislative framework.
·
Recognise the independence of each partner, including
a)
The tangata whenua representatives as a voice for the Maori communities;
b)
Recognise the independence of hapu and iwi;
c)
The Council as a democratic decision maker, responsible to the community
as a whole.
Role and scope
·
To forge an ongoing effective and meaningful partnership between
the Tauranga City Council and Tangata Whenua.
·
To facilitate meaningful understanding of future impacts on key
issues affecting Tangata Whenua and Māori that Council can influence.
The functions and key tasks are:
(a)
To bring to the other partner’s attention issues / concerns in
respect of existing strategy or policy.
(b)
To exchange information of mutual interest.
(c)
To discuss new initiatives approaches and directions.
(d)
Agree agenda topics for the following 3
consecutive meetings.
Communication
·
To educate the wider community on Tangata Whenua issues.
·
To establish and maintain communication and consultation channels
within the Council organisation and Tangata Whenua groups.
Monitoring
·
To regularly monitor projects, policies and strategies managed or
under development by Council which affect Tangata Whenua.
·
To regularly monitor progress of key issues identified by Tangata
Whenua through reporting of Council and the Tangata Whenua Collective.
·
To monitor the on-going development and process of the Standing
Committee.
Power to recommend
·
To Council or any Standing Committee as it deems appropriate.
·
Reports to Council.
|
 Tangata
Whenua / Tauranga City Council Committee Meeting Minutes
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18 June 2020
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MINUTES
Tangata Whenua / Tauranga City Council Committee
Meeting
Thursday, 18 June 2020
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Order Of Business
KARAKIA TO OPEN MEETING
1 Apologies. 3
2 Public
Forum.. 3
3 Acceptance
of Late Items. 3
4 Confidential
Business to be Transferred into the Open. 3
5 Change to
Order of Business. 4
6 Confirmation
of Minutes. 4
6.1 Minutes
of the Tangata Whenua / Tauranga City Council Committee meeting held on 20
February 2020. 4
7 Declaration
of Conflicts of Interest 4
8 Business. 4
8.1 The
Chairperson's Report 4
8.3 Māori
Representation. 5
8.2 Te
Rangapū Mana Whenua Report 6
9 NEXT
MEETING.. 8
10 Discussion of Late Items. 8
KARAKIA TO CLOSE MEETING
MINUTES OF Tauranga City Council
Tangata Whenua / Tauranga City Council
Committee Meeting
HELD AT the council chambers, 91 willow
street, Tauranga
ON Thursday, 18 June 2020 AT 9.30am
PRESENT: Mr
Huikakahu Kawe (Chairperson), Mayor Tenby Powell (Deputy Chair), Cr Jako Abrie,
Cr Kelvin Clout, Ms. Matire Duncan, Mr Hayden Henry, Cr Heidi Hughes, Mr
Puhirake Ihaka, Mr Whitiora McLeod, Mr. Buddy Mikaere, Cr Tina Salisbury
(Deputy Mayor) and Ms. Irene Walker
IN ATTENDANCE: Cr Larry Baldock, Marty
Grenfell (Chief Executive), Paul Davidson (General Manager: Corporate
Services), Barbara Dempsey (General Manager: Regulatory & Compliance),
Susan Jamieson (General Manager: People & Engagement), Nic Johansson
(General Manager: Infrastructure), Carlo Ellis
(Manager: Strategic Māori Engagement), Coral Hair (Manager: Democracy
Services), Robyn Garrett (Team Leader: Committee Support), Jenny Teeuwen
(Committee Advisor), Raj Naidu (Committee Advisor), Avon Adam (Manager:
Communications & Engagement), Josh Te Kani (Kaiarahi Māori), Danna
Leslie (Senior Strategic Advisor), Mererina Murray (Pae Arahi) and Mr Maru
Tapsell
KARAKIA
Mr Puhirake Ihaka opened
the meeting with a Karakia.
1 Apologies
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Apology
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Committee
Resolution MA2/20/1
Moved: Mr Hayden Henry
Seconded: Mr
Whitiora McLeod
That the request for early departure be received from Mr
Puhirake Ihaka be accepted.
Carried
|
2 Public
Forum
Nil
3 Acceptance
of Late Items
Nil
4 Confidential
Business to be Transferred into the Open
Nil
5 Change
to Order of Business
|
Change the Order of Business
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Committee
Resolution MA2/20/2
Moved: Mr Puhirake Ihaka
Seconded: Cr
Kelvin Clout
Amends the order of business so that item 8.3 of business
is considered before item 8.2 of business.
Carried
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6 Confirmation
of Minutes
7 Declaration
of Conflicts of Interest
Nil
8 Business
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8.1 The
Chairperson's Report
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Key points
·
The Chairperson acknowledged those who had
passed away.
·
The meeting had to be focused and must not get
side-tracked from the work at hand.
·
It was reaffirmed that all documents for the
Committee will be sent via email.
·
The success of the COVID-19 response by New
Zealanders was something that everyone should be proud of.
·
The Chairperson had reiterated the need to be
kind and to look after the vulnerable or disadvantaged members of the
community.
·
Te Tiriti o Waitangi was acknowledged as the
founding document of unity and partnership.
·
The three iwi were strategising on engaging
with Hauraki and other stakeholders in order to have a holistic and
collaborative Treaty engagement process.
·
Matariki was an important calendar event in
the Māori Calendar and the Chair had encouraged participation from
everyone to herald in the new year.
·
Former Deputy Mayor Larry Baldock was
acknowledged for his work and new Deputy Mayor Tina Salisbury was welcomed.
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Committee Resolution MA2/20/4
Moved: Ms Matire Duncan
Seconded: Cr Jako
Abrie
That the Tangata Whenua
/ Tauranga City Council Committee:
(a)
Receives the Chairperson’s report.
Carried
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8.3 Māori
Representation
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Staff Coral
Hair, Manager: Democracy Services
Carlo Ellis, Manager: Strategic
Māori Engagement
Key
points
·
The report was taken as read.
In
response to questions
·
There were a number of options provided for
Māori Wards to assist in the decision making process regarding
timelines.
·
Te Rangapū Mana
Whenua had received the report at short notice and as
such, have not had enough time to decide on their position.
·
Specific provisions under the Local
Electoral Act 2001 (LEA) stated that 5% of eligible electors, verified by the
Electoral Officer, was required in order to demand a poll.
·
Maria Ngatai was elected to Council
approximately 20 years ago when Tauranga District Council was established and
she was elected through a general ‘at large seat’, not a specific
Māori ward.
·
Voting rights within the standing committees
was something that Tangata Whenua were also lobbying and advocating for and
this could be considered separately to the issue of a Māori ward.
·
Even in a hypothetical scenario where the
central government after the election in September 2020 supported legislative
change and repealed the binding poll provisions , this would not
come into effect in time for the next election.
·
If a poll was held to establish a Maori ward
and it was defeated, it cannot be brought back for the next two elections.
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At 10.00AM, Cr Heidi Hughes entered the meeting.
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Discussion
points raised
·
Māori were not in the best space when it
came to local or national voting and this had to be addressed so that there
were more Māori engaged in the electoral process and voting.
·
There had to be more financial commitment at
local government level to encourage Māori readiness in voter education
and participation.
·
If Māori wards were not achievable
through the current process then voting rights in the standing committees had
to be advocated for.
·
It was considered prudent for the
Council to support the establishment of Wards to meet its obligation
to Māori in terms of the Treaty of the Waitangi, the Resource
Management Act 1991 and the Local Government Act 2002 (LGA).
·
The Māori economy was on the rise but
Māori health was not up to par with this growth.
·
In the select committee meetings that
considered the LEA in 2001 it was highlighted that this legislation
would not promote the establishment of Māori Wards and this had proved
to be correct
·
Given that any potential decision on changing
the legislation around the establishment of Māori Wards was at least two
years away, there was an opportunity for Te Rangapu to lobby Council for
Māori Wards using the existing system to test the commitment of central
government and the community.
·
A Māori ward was viewed as a better
option because it was seen as a true representation of Māori and since
the representation review will happen in 2021, it was important to think
about which systems would work best for Māori such as ‘at
large’ or ‘wards’ in order to maximise Māori
opportunities and rates of success in the electoral process.
·
Te Rangapu and the Committee could both make
recommendations to Council on voting rights and Māori Wards.
·
In the last 15 years, resolutions had been
made twice by the committee around these two subject matters but very little
had come to fruition.
Staff Action
·
Staff to organise a formal extraordinary
meeting of the Committee within four or six weeks’ time to present a
report on the options for the establishment of Māori Wards and
voting rights for Tangata Whenua representatives appointed to the standing
committees.
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Committee Resolution MA2/20/5
Moved: Cr Jako Abrie
Seconded: Mr
Buddy Mikaere
That the Tangata Whenua
/ Tauranga City Council Committee:
Will meet within six weeks to consider voting rights for
Tangata Whenua representatives on the Council’s four standing
committees as well as consider the establishment of Māori Wards
after consultation with Te Rangapu.
Carried
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Committee Resolution MA2/20/6
Moved: Ms. Matire Duncan
Seconded: Cr Tina
Salisbury
That the Tangata Whenua
/ Tauranga City Council Committee:
(a) Receives
the report “Māori Representation”.
(b) Provides
guidance to the Council on Māori Representation options.
Carried
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8.2 Te
Rangapū Mana Whenua Report
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Staff Carlo
Ellis, Manager: Strategic Māori Engagement
External:
Matire Duncan, Chairperson Te Rangapū Mana
Whenua o Moana.
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A copy of the Tabled document for this item can be viewed
on Tauranga City Council’s website in the Minutes Attachments document
for this committee meeting.
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Key
points
·
Tangata Whenua had wanted to be an active member of committees
and to be a proactive member in co-governance and decision making processes.
·
There had been slow progress on Treaty partnerships,
co-governance, and decision making.
·
There was a strong consideration by Tangata Whenua in an
approach for iwi spatial plan which will inform the cultural layer that will
test and refine the cultural, social, economic, and environment
sustainability well-beings from a Tangata Whenua perspective.
In
response to questions
·
Cultural Liability was the koha of cultural perspective,
community engagement, and input by members that went over and above the
ambits of the meeting requirements.
·
Cost of infrastructure on Māori Land, particularly in the
perspective of affordable housing, should be taken into consideration by
planners.
·
Some matters and discussions between Te Rangapu and Council had
stagnated or had taken a long time to resolve so it was time to advocate a
review of some of these subjects with refreshed lenses and fast-track others.
·
Mana Whenua engagement was important in budgeting and there
should be more Māori engagement in consultation processes.
Discussion
points raised
·
One of the enduring items of business for the Committee had
been the Right of First Refusal (RFR) policy which needed to be reviewed and
implemented quickly so that Māori could capitalise on the housing
market.
·
The workshop on the RFR policy and the Draft Acquisition &
Disposal Policy which was postponed due to COVID-19 had to be reconvened at the
earliest opportunity.
·
Te Papa Spatial plan within the urban limits of the city did
not take into account the lack of infrastructure on Māori land and this
was a hinderance to development.
·
External representative’s remuneration policy required
review because for the last 20 years, Tangata Whenua representatives had been
paid $170.00 per meeting despite their significant contributions and
expertise shared.
·
Developers had inserted Cultural Liability clause in their
paperwork as a standard clause to take into account cultural, socio-economic
and environmental factors from a Tangata Whenua perspective.
·
An independent report on affordable housing on Māori Land
was prudent and advisable so that it can be taken to the Māori Land
Trust.
·
Māori landowners may not be able to afford to or have the
expertise to develop land now but future generations could so infrastructure
had to be future-proofed for this eventuality.
·
There needed to be more synergy, investment, and
capacity-building by stakeholders and Council towards unlocking the potential
of and for Māori landowners.
·
Approximately 13 hectares of Papakainga Housing were earmarked
for development but the cost of building a house was approximately $500,000
and this did not bode well for affordable housing.
·
In order for holistic collaboration and consultation, the
information and resources provided to Māori had to be relevant and
specific to them so that they could engage and make informed decisions.
·
There needed to be more resources and education invested
towards assisting Māori in understanding Smart Growth, Annual Plan, and
Long Term Plan consultations and submission processes.
·
The contributions made towards the plan changes were
acknowledged as a good exercise.
Staff Action
·
Staff to review the 2004 fees for external
representative’s remuneration.
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Committee Resolution MA2/20/7
Moved: Ms. Matire Duncan
Seconded: Cr Tina
Salisbury
That the Tangata Whenua
/ Tauranga City Council Committee:
(a) Receives
the Te Rangapū Mana Whenua Report.
Carried
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Attachments
1 Tabled
item 1 - Re-election of RMW Members on the TW-TCC Committee
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9 NEXT
MEETING
Extraordinary Committee Meeting in Council Chambers (date to
be confirmed)
10 Discussion
of Late Items
Nil
KARAKIA
Josh Te Kani closed the meeting with a Karakia.
The meeting closed at 11.12am.
The minutes of this
meeting to be confirmed at the Tangata Whenua / Tauranga City Council Committee
meeting held on 24 July 2020.
...................................................
CHAIRPERSON
8 Business
8.1 Māori
Representation
File
Number: A11629206
Author: Coral
Hair, Manager: Democracy Services
Carlo Ellis, Manager:
Strategic Maori Engagement
Authoriser: Susan
Jamieson, General Manager: People & Engagement
Purpose of the Report
1. The report provides
information on Māori Representation options and asks the Committee to make
a recommendation to the Council on whether or not to establish a Māori
ward for the 2022 local government election. The report also considers voting
rights for the Tangata Whenua Representatives on the Council’s Standing
Committees.
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Recommendations
That the Tangata Whenua / Tauranga City Council Committee:
(a) Receives the report “Māori
Representation”.
(b) Recommends to the Council
that voting rights be provided for the Tangata Whenua Representatives on the
following Standing Committees:
· Finance, Audit
and Risk Committee
· Policy Committee
· Projects,
Services and Operations Committee
· Urban Form and
Transport Development Committee
(c) Recommends to the Council
that a Māori Ward be established for the Tauranga City Council for the
2022 local government elections; OR
(d) Recommends to the Council
that no Māori ward be established for the Tauranga City Council for the
2022 local government elections; OR
(e) Recommends to the Council
that a Māori Ward be established for the Tauranga City Council for the
2025 local government elections.
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Executive Summary
2. The Tangata
Whenua/Tauranga City Council Committee (the Committee) is asked to recommend to
the Council whether or not to establish a Māori ward for the 2022
elections.
3. The Committee is
also asked to recommend to the Council whether or not voting rights should be
provided for Tangata Whenua Representatives on the four standing committees of
Council.
4. The Council
resolution to establish a Māori ward for the 2022 election has to be made
by 23 November 2020 (two years before the next election). This is optional. If
the Council resolves to establish a Māori ward it must give public notice
by 30 November 2020 which includes a statement that 5% of electors can demand a
poll to countermand the Council resolution.
5. Based on the number
of councillors staying the same at 10 councillors, one Māori ward can be
proposed for Tauranga City Council.
6. The decision on a Māori
ward will feed into the Representation Review, which the Council is required to
undertake every six years and must be completed by 31 August 2021.
7. Alternative options
to meet our obligations to Te Tiriti o Waitangi by ensuring Māori
contribution to decision-making are available and have been implemented by
other councils. This can be considered at the same time as a Māori Ward
and does not have to be an alternative option.
Background
8. The Committee
considered a report on Māori Representation at its meeting on 18 June 2020
and resolved that the report be further considered at an Extraordinary meeting
of this Committee to enable representatives to consult further with iwi and hapū.
9. The Council may
establish Māori wards. This is optional. This process is set out in
the Local Electoral Act 2001 (LEA).
10. Māori wards can be
achieved by:
(a) A
Council resolution; or
(b) Favourable
outcome of a poll of electors. This poll may be:
(i) demanded
by electors or
(ii) the
result of a Council resolution
11. The
Council resolution to establish a Māori ward for the 2022 election has to
be made by 23 November 2020 (two years before the next election).
12. If
the Council resolves to establish a Māori ward it must give public notice
by 30 November 2020 which includes a statement that 5% of electors can demand a
poll to countermand the Council resolution.
13. A
valid demand for a poll must be received by 21 February 2021 or the
Council can also decide to hold a poll by 21 February 2021. This is notified to
the Electoral Officer and the poll must be held not later than 89 days after
the notification i.e. not later than 21 May 2021.
14. The
results of the poll are binding and take effect for the next two elections i.e.
2022 and 2025. If the poll fails to establish a Māori ward this will
not be considered for another six years.
15. The
decision on establishing a Māori ward will feed into the Representation
Review which the Council is required to undertake every six years and must be
completed by 31 August 2021. The Council needs to be aware of the implications
of establishing a Māori ward before it begins the Representation Review.
The LEA provides for two options for establishing Māori wards and both
involve the establishment of Māori and general wards, with one option
providing for some at large wards (voted on by all electors), however it does
not allow for an option with all at large wards in combination with a Māori
ward.
16. Approximately
22 councils are due to have reviews in 2021.
17. The
Council makes this decision and there is no right of appeal to the Local
Government Commission.
18. There
are three councils in New Zealand with Māori representation, BOP Regional
Council (introduced 2001 by specific legislation), Wairoa District Council (result
of poll in 2016 50% for, 42.5% against), Waikato Regional Council (introduced
2013 by Council resolution – no poll received in response to council
resolution).
19. Previous
polls undertaken in New Zealand result in a no vote of approximately 70-80%
(see table below for recent examples). Even councils with high Māori
populations are unsuccessful when holding a poll. It is very likely that a
council-initiated poll or valid elector demanded poll will have the same result
in Tauranga.
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Council
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Result
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Western Bay of Plenty District Council
2018
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22% for,
78% against
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Whakatāne District Council
2018
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44% for,
55% against
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Waikato District Council
2015
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20% for, 80%
against
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Far North District
Council 2015
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32% for,
68% against
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Hauraki District
Council 2013
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19% for,
81% against
|
20. The
Local Electoral (Equitable Process for Establishing Māori Wards and Māori
Constituencies) Amendment Bill, known as the Andrew Judd Bill, failed at its
first reading. The Justice and Environment Select Committee inquiry into the
2016 elections made no reference to Māori representation.
21. The
Society of Local Government Managers (SOLGM) included in its submission to the
Justice and Environment Select Committee inquiry into the 2019 elections that the
process by which councils can establish Māori wards (territorial
authorities) and Māori constituencies (regional councils) be aligned with the
same process by which councils can establish general wards and constituencies
i.e. that it is rolled into the overall representation process and not be
subject to a separate poll. SOLGM will be briefing the incoming Minister of
Local Government following the 2020 general elections on this matter and will
be looking for legislative change.
TANGATA WHENUA
REPRESENTATIVES VOTING
22. The Committee considered this
at its meeting on 18 June 2020 and there was general consensus at the meeting
that the introduction of Tangata Whenua Representatives voting should be
considered separately to Māori wards and not be seen as an alternative
option. It is recommended that voting rights be introduced.
23. There is currently one Tangata
Whenua Representative on each of the four Council committees undertaking the
same preparatory duties as Councillors and contributing to discussion with a
high degree of expertise and knowledge.
24. Affording voting rights to the
Tangata Whenua Representative would move their participation in decision making
from passive to active as provided for in Te Tiriti o Waitangi and as expressed
in the Local Government Act 2002.
25. This voting right would
reflect the respect and mana of partnership at the table as intended by Te
Tiriti o Waitangi.
26. This voting right would ensure
the Māori perspective on any topic is fully represented without undue
influence, misinterpretation or misunderstanding as it would be reflected
directly in the vote.
27. This voting right would mean
one of twelve votes in each committee.
Strategic / Statutory Context
28. This process for establishing Māori
representation for territorial authorities is set out in Local Electoral Act
2001 in particular Schedule 1A and sections 19Z-19ZA.
Options Analysis
Option 1 – Council Resolution and Poll for the 2022 elections
29. The
Committee has the option of recommending to the Council the establishment of a Māori
ward for the 2022 elections. This option recognises that non-Māori
cannot fully represent the Māori position regarding issues on the table
and that specific representation also provides a mandate for the councillor to
represent Māori interests.
30. If
the Council accepts the recommendation and chooses to do this in time for the
2022 elections then the following timeline needs to be followed:
Timeline for establishing
Māori Wards
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Date
|
action
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23 November 2020*
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If Council
resolves to introduce Māori
Representation this must be done by 23 November 2020 (to be in time
for the 2022 election).
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|
30 November 2020*
|
If a resolution
has been made by the Council, the Council must give public notice by
30 November 2020 of the right for electors to demand a poll be held on Māori Representation.
If there is no
change there is no requirement to notify the public of the right of 5% of the
electors to demand a poll.
|
|
21 February – 21 May 2021
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· If a demand for a poll is
received by 21 February 2021, a poll must be held by 21 May 2021. (Section
19ZC of LEA)
· The Council may also
resolve to undertake a poll on Māori
Representation by 21 February 2021.
|
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21 May 2021
|
If a successful demand for a poll has been received by
21 February 2021 for Māori
Representation or the Council has resolved to undertake a poll, this must be
held by 21 May 2021 (within 89 days of notification) –19ZF of LEA).
|
|
By 31 August 2021*
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· Council must adopt an
initial proposal for Representation Review for public consultation.
· The Council hears
submissions and makes a decision on a final proposal.
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By 19 November 2021*
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· Public notice of Council of
final proposal. Starts one month appeal/objection period.
· If appeals/objections
received – the Local Government Commission hears these and makes
determination by April 2022.
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* Can be done earlier than these dates
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31. The
Council also has the option of resolving to holding a poll itself rather than
wait for the 5% of electors to demand a poll be held. The Committee may
wish to provide guidance to this matter.
32. Based
on the number of councillors staying the same at 10 councillors, one Māori
ward can be proposed for Tauranga City. There is a formula in Schedule 1A of
the LEA that calculates how many Māori wards can be established based on
the number of Māori Electoral Population, the General Electoral Population
and the total number of councillors. The Local Government Commission has this
information on their website these based on the Statistics NZ 2018 census
figures. Please note that the electoral population figures are
based on the population, not just eligible voters.
Option 2 – Council
Resolution and poll for the 2025 elections
33. The
Committee has the option of recommending to the Council that it resolve after
the 23 November 2020 to establish a Māori ward and to run a poll in
conjunction with the 2022 elections.
34. Like
option 1, this option recognises that non-Māori cannot fully represent the
Māori position regarding issues on the table and that specific
representation also provides a mandate for the councillor to represent
Māori interests.
35. This
option would mean that a poll would not be held in 2021 but would be run in
conjunction with the 2022 election. The effect of this would be to
postpone the decision until 2025 and enable further discussion and debate in
the community on this matter. It would also be a cost saving to the
Council to run a poll with the election.
36. This
option may also give time for any legislative change to come into effect, but
there is no guarantee that any changes will be made in time to take effect for
the 2025 election.
37. However
this option would mean that a Māori ward would not have the possibility of
getting established until 2025 and the delay may not be acceptable to
iwi/hapū.
Option 3 –
Recommend to Council that no Māori Ward be established.
38. The
Committee has the option of recommending to the Council that no Māori ward
be established.
39. For
many councils the process under the LEA has not resulted in Māori
representation being introduced, with many Māori now believing there are
better ways to achieve representation. Refer to the section on Iwi Partnership
Models below.
40. This
option may not be acceptable to iwi/hapū who value the establishment of a
separate Māori ward with specific representation and a mandate to
represent the Māori electors.
41. Relying
on Māori candidates standing in general or at large wards provides
no guarantee that a Māori councillor will be elected, although the
Single Transferrable Vote (STV) electoral system, which is now in place for the
2022 elections, has a greater chance of this occurring than a first past the
post (FPP) system in various scenarios.
IWI PARTNERSHIP MODELS
42. A
further example of Māori representation includes Iwi Partnership Models.
Examples of other councils with Iwi Partnership Models include:
· Rotorua Lakes District
Council / Te Arawa Partnership Model – Te Arawa Board members nominated
to key Council committees (with voting rights) but committee recommendations
confirmed by Council. 14 elected members elected by 11,153 Te Arawa descendants
(25% voter turnout at Dec 2015 election) – This was contentious - RLDC
received 1,800 submissions on the model in May 2015.
· Gisborne District
Council – iwi representatives at all committees of Council; project
specific protocols (around culturally significant issues); iwi can address all
Council and committee meetings on any topic (Standing Orders); iwi provide
input on all resource consent applications; formal relationship documents.
· Taranaki Regional
Council (resulted from settlement act) – three iwi representatives to sit
on two key committees (Policy and Planning, Consents and Regulatory) – three
are selected by the eight iwi (one from each waka) and nominated for approval
by Council; iwi consulted on resource and planning processes.
Financial Considerations
43. There
is no cost of introducing voting rights for Tangata Whenua representatives. The
cost of a poll is estimated at $190,000 to $210,000 (Warwick Lampp, Electoral
Officer, provided these figures for the referendum proposal in May 2020).
These figures do not include consultation or public notices. This cost would be
an unbudgeted expense.
Legal Implications / Risks
44. The Council has the option of
introducing Māori wards under the LEA. If the Council resolves to do so,
it is most likely that a valid poll will be demanded by the public. This
poll is binding and a further poll cannot be considered again for six years.
45. The Local Government Act 2002 principles for local authorities,
section 14(1)(d) states a local authority should provide opportunities for
Māori to contribute to decision making. Some alternative methods to
establishing Māori wards are set out in this report.
Consultation / Engagement
46. There will be a public
engagement process with the Representation Review. The consideration of Māori
representation is the first part of this process.
Significance
47. This report is not considered
significant in terms of the Council’s Significance and Engagement Policy,
however the issue of Māori representation is of high public interest.
Click here to
view the TCC
Significance and Engagement Policy
Next Steps
48. Recommendation to the Council.
49. Council to consider the
Committee’s recommendation.
50. A decision on whether or not
to establish a Māori ward for the 2022 election is required by 23 November
2020.
Attachments
Nil
