Napier City Councillors discuss proposed legislation on Māori wards
Napier City Councillors have today discussed proposed legislation to reinstate the pre-2021 binding poll provision for the establishment of Māori wards.
In 2021, the previous Labour Government amended the Local Electoral Act 2001 to remove all mechanisms for binding polls to be held on whether Māori wards would be established by a local authority. In light of this change in legislation, and in consultation with the community, NCC resolved to establish Māori wards for the 2025 local elections.
The current Coalition Government has announced they will introduce a Bill in the next few months to restore binding polls on the establishment of Māori wards. It is expected the changes will be enacted by the end of July 2024. NCC will have an opportunity to make a submission to the select committee on this Bill.
This change means councils will be able to initiate binding polls on Māori wards and electors will be able to petition their council to hold a binding poll. Petitions will need to meet the 5 percent of residents in support threshold to be successful.
Anna Eady, Team Leader Governance, presented the paper at this morning's council meeting, to inform councillors of the options for Napier City Council once the legislation is enacted. She prefaced the paper was "information as we know it currently" as the draft Bill hasn't yet been released.
"There is time for things to change and we don't know some of the finer details of this proposed legislation."
Councillor Sally Crown said it was "unfair to target Māori wards".
"I am bitterly disappointed by the signals that are being sent and that local government processes and decisions are being devalued especially considering the effort and cost that we incurred over a five-month period during the consultation and the education process that we undertook a couple of years ago. Our community went through a huge amount of upheaval because of it."
"None of the other wards that we have in place have the provision, is my understanding, of being able to be overturned by a binding pole so it is, like I said, bitterly disappointing. So I understand that we need to wait for a determination, that we need to wait for the legislation to come through but it seems like a fool's errand in some way and I just want to be on record saying that."
Councillor Keith Price questioned whether the report presented to council this morning was needed.
"I am unsure of what the paper with the recommendation received with the report is trying to achieve. I'm a bit lost on that one."
Mayor Kirsten Wise said: "It is purely an information piece to ensure that elected members were informed but also our wider community who might be watching online, understood what this new legislation was introducing and what that meant for us as a council".
Wise encouraged all councillors to reach out to their networks to have this conversation. "And if any of the groups, hapu, iwi or otherwise, would like someone to come and present and explain more fully to them then we can certainly do that and we have Te Waka Rangapū to assist us with that."
Councillor Maxine Boag said she was "still not confident" that they were going to have the opportunity to debate this.
She tabled an additional clause in the resolution that when legislation is enacted, council will debate a course of action on this legislation that they either rescind this previous legislation or retain it.
"Because it sounds like we may not have the opportunity to openly debate this. I think our public needs to know how we stand with this rather than go ahead with whatever is decided less formally."
Crown said she was "quite comfortable" with the resolution as it stands.
"My view is that unless we were to rescind the resolution that we previously made around Māori wards, I think it's quite clear what this council's position is. If we are happy to keep it, then I think it send a very clear message.
"If we, through our discussions that we have, and conversations that we have with the wider community, decide that we need to debate it again and that there is some concern from members who would like to see that resolution overturned, then I would see it needing to come back to this table but I think if we stick to what we decided then, then that would send a clear enough message."
The amended motion was lost. Wise moved the substantive motion to receive the report, seconded by Councillor Price.
"In light of what Councillor Boag said, we have agreed to this. I don't think we need to keep reminding everyone that we've agreed to it. It's set there and let's just get on with it."
