Kirsten Wise, mayor of Napier. Photo / NZME
The issue and emotions of Māori wards is alive and well in our community right now, with an impending decision timeline of May 21 to enable these to be in place by our next local body elections in 2022.
We have been challenged about the process we intend to follow to help us to make this decision, including the allegation that a failure to resolve to establish Māori wards in time for the 2022 elections could be a breach of our Te Tiriti o Waitangi / Treaty of Waitangi obligations.
On April 22 our council resolved to begin engagement with our community on Māori wards immediately, with formal consultation to occur in September 2021 and a decision in November 2021. Should the council decide to implement Māori wards, these would come into effect from the 2025 elections.
Other councils are taking slightly different approaches – so understanding the "why" that sits behind our next steps is important for me to clarify to our community. Unlike other councils around the country who have decided to introduce Māori wards for 2022, our council has never engaged in consultation on Māori wards with our community. Therefore it is not comparing apples with apples.
Unfortunately, the timeframe given by central government between March 2 and May 21 has not given us sufficient time to progress this significant matter with our community.
When considering all of our other local government work programmes, including Long Term Plan preparation, District Plan review, and Three Waters reform, two and a half months was not a realistic timeframe. Given that we have not previously consulted with our community I believe this important issue needed more time than we were given.
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