We need to have a full and open conversation with all of our community and ensure everyone understands what Māori wards are and how they work. We also need to follow due process and ensure we meet our legal obligations under the Local Government Act 2002 (LGA) and our Significance and Engagement policy. This will protect us from the risk of judicial review.
So this brings us to the question of our obligations under the Treaty of Waitangi. The council is not the Crown. Strictly speaking, Treaty-related obligations and the Treaty principles apply to the Crown and not other parties (including the council) unless legislation provides otherwise.
It is clear from section 4 of the LGA that it is the Crown's responsibility to take appropriate account of the principles of the Treaty of Waitangi and that it is the Crown that is the Treaty partner.
Section 4 of the LGA reads: "In order to recognise and respect the Crown's responsibility to take appropriate account of the principles of the Treaty of Waitangi and to maintain and improve opportunities for Māori to contribute to local government decision-making processes, Parts 2 and 6 provide principles and requirements for local authorities that are intended to facilitate participation by Māori in local authority decision-making processes."
In constituting local authorities, the Crown has not generally passed its Treaty of Waitangi obligations onto councils. Instead, to "recognise and respect" its responsibility to take appropriate account of the Treaty principles, the Crown has given certain requirements to local authorities. These are intended to facilitate participation by Māori in local authority decision-making processes.
The LGA itself does not require local authorities to take account of or give effect to the principles of the Treaty. Accordingly, provided the council complies with the relevant LGA provisions, it will satisfy any Treaty participation, protection, and partnership obligations to mana whenua.
Setting aside our legal obligations, whether they be under the Treaty or the LGA, I personally was elected on a mandate of leading an open and transparent council that will listen to our community and ensure you are an integral part of our decision making – that your voices will be heard.
My goal from day one of being elected as mayor has been to create an environment that is safe for everyone to participate in our city's decision making.
Mana whenua have voiced their considerable disappointment that the deadline for the 2022 elections cannot be met. As such myself, councillors and the Napier City Council Māori Committee are lobbying central government for further changes to the Local Electoral Act to provide us with the opportunity to decide on the implementation Māori wards in time for the 2022 elections.
In the meantime, continued engagement and consultation is planned and I am looking forward to working with all of our community in a truly collaborative way, seeking genuine input into our decision-making.
- Kirsten Wise is mayor of Napier
