Only two councils out of the 45 impacted by the change voted against keeping their Māori ward – Kaipara and Upper Hutt voted to scrap the seat, the former at a tense meeting disrupted by protesters and attended by police.
In August, the Greater Wellington Regional Council unanimously agreed to establish a Māori constituency – after a recommendation from its Te Tiriti o Waitangi Komiti.
Regional council chairman Daran Ponter said the law change requiring them to now hold a poll on their decision was “yet another example of expenditure that the Government is forcing on local government”.
The Greater Wellington Regional Council estimates its Māori ward referendum to cost $350,000, excluding GST.
Cost estimates from Auckland Council show it would cost about $3.5 million to hold a standalone poll. A poll held alongside an election is expected to cost Auckland Council $155,000.
Currently, there is no requirement for Auckland Council to hold a poll as it does not have a Māori constituency in place, with councillors agreeing further work is required on the matter.
Auckland councillor Kerrin Leoni said the costs should a poll be held in the future would represent a “significant amount of money that we don’t have”.
Waipā Mayor Susan O’Regan said the referendum would be a waste of money when 73% of submitters to the original Māori wards proposal had been in favour.
Far North Mayor Moko Tepania has been even blunter. “Central Government has trust issues,” he said. “They keep telling us that we need to listen to our people. We are.” He called the law “racist”.
The Horowhenua District voted to keep its Māori ward in early September, though a decision report from the council estimated the cost would be less significant than signalled in a departmental report released under the Official Information Act.
That report shows of the 41 councils that submitted on the bill to require polls, 40 opposed the change.
The Human Rights Commission is quoted in favour of Māori wards, saying: “The principle of treating people differently in some circumstances to achieve fairness is recognised in both domestic, and international human rights law. Such measures do not amount to discrimination or contravene core human rights or democratic principles.”
A summary of comments from the Waitangi Tribunal is also contained with significant criticism of the changes being put through by the Government.
“The tribunal found that the Government’s prioritisation of its political agenda over the desires of Māori for dedicated political representation at the local level breaches the Crown’s duty to actively protect the rights and interests of Māori.”
The tribunal considers the poll provisions to be “inequitable and discriminatory” and “a barrier for Māori representation in local government”.
Local Government New Zealand submitted on the matter, suggesting the changes were representative of an overreach on local decision-making. “Polls are a poor substitute for holistic decision-making,” the representation group told the Government.
New Zealand Post says the 2025 local elections are anticipated to be more challenging than prior elections. Part of its submission includes the idea that Māori ward polls will add more complexity to the voting pack production process for councils involved.
A separate Cabinet paper from May also contains feedback from various government departments on the requirement to hold a poll.
Te Arawhiti, the Office for Māori Crown Relations, expressed “concerns” the bill was being considered given there was no consultation with iwi. The paper also quotes the Ministry of Justice suggesting the lack of engagement “is likely to be seen as a breach of Treaty/ te Tiriti”.
Ministry of Māori Development Te Puni Kōkiri raises concern about a lack of consultation: “It considers this bill does not appropriately take into account the principles of the Treaty of Waitangi and hinders the ability to maintain and improve opportunities for Māori to contribute to local government decision-making processes.”
In a statement, Local Government Minister Simeon Brown said “We are simply returning the law to what Helen Clark put in place back in 2001″.
“We welcome the public being able to have their say on whether or not these wards should continue at the referendum which will take place at next year’s local elections.
“The Government has required referendums to be undertaken alongside the next local government election in order to reduce costs,” Brown confirmed.
“Councils should not be afraid of asking their constituents what they think with a referendum – the ultimate form of localism,” the minister added.
On the feedback, Brown said the Government was committed to “restoring democracy” and added the change was a commitment under both Act and NZ First’s coalition agreements.
Brown added changes to Māori wards did not impact councils’ responsibilities to consult with mana whenua.
Azaria Howell is a Wellington-based multimedia reporter with an eye across the region. She joined NZME in 2022 and has a keen interest in city council decisions, public service agency reform and transport.
