Tribunal releases report on Māori wards and constituencies
Today, 17 May 2024, the Waitangi Tribunal has released The Māori Wards and Constituencies Urgent Inquiry Report in pre-publication format.
The report concerns claims submitted to the Tribunal under urgency regarding the Crown’s proposed repeal of amendments made to the Local Electoral Act 2001 by the Local Electoral (Māori Wards and Māori Constituencies) Amendment Act 2021. The 2021 amendment Act removed the previous requirement that binding local polls be held following a council’s decision to establish a Māori ward or Māori constituency. The Government intends to reinstate the need for binding polls on Māori wards and require councils that have established a Māori ward or constituency without one since 2021 to hold a poll.
The claimants and interested parties say that the 2021 amendments have significantly increased Māori representation in local government. They argued that the Government’s policy to effectively repeal the 2021 amendment Act breaches the Crown’s Te Tiriti o Waitangi/Treaty of Waitangi obligations. Moreover, they claim, the proposed repeal will prejudicially affect Māori, by leading to a reduction in dedicated Māori representation, exposing Māori communities to racism and abuse and damaging their relationships with the Crown.
In its report, the Tribunal finds that the Crown has breached the Treaty principle of partnership by prioritising coalition agreement commitments and completely failing to consult with its Treaty partner or any other stakeholders. The Crown has failed to adequately inform itself of its Treaty obligations and has failed to conduct adequate Treaty analysis during the policy development process, in breach of its duties to act reasonably and in good faith. It has inadequately defined the policy problem as restoring the right of the public to make decisions about Māori wards and constituencies, when no other type of ward or constituency requires a poll, in breach of the principle of equity.
In addition, the Tribunal finds that the Crown has failed to actively protect Māori rights and interests by ignoring the desires and actions of Māori for dedicated local representation, and it finds breaches of the principles of mutual benefit and options. Combined, these Treaty breaches operate to cause significant prejudice to Māori.
The Tribunal recommends that the Crown stop the amendment process to allow proper consultation between the Treaty partners with a view to agreeing how Māori can exercise their tino rangatiratanga to determine dedicated representation at the local level. The Tribunal draws the Government’s attention to the existing provisions in the Local Electoral Act 2001 for representation reviews that would better enable councils to seek public views on all wards and constituencies at the same time, including Māori wards or constituencies.
The Māori Wards and Constituencies Urgent Inquiry Report is now available to download as a PDF file:
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