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The Government is restoring the ability to hold referendums on Māori wards, satisfying a condition National agreed to in its coalition with Act and New Zealand First.
It’s being greeted with condemnation from Labour and Te Pāti Māori, while Local Government New Zealand says it represents a “complete overreach” by central government and warned the coalition against inflaming misinformation.
Local Government Minister Simeon Brown announced the move today, saying a bill will soon be introduced to allow communities to petition their councils to hold binding polls on Māori ward decisions, including polls on wards established after the previous government removed the ability to hold such referendums.
In 2021, the then Labour government rushed through legislation to ensure councils planning to set up Māori wards in the 2022 local body elections would not have those wards overturned through a public referendum.
Under the old laws, at least 5 per cent of voters could demand a referendum be held on whether to have a Māori ward.
Supporters of the wards said they provided a more sustainable avenue for improving the democratic representation of Māori interests, while detractors believed the model did not honour the fundamental nature of democracy and the electoral process.
In both its coalition agreements, National confirmed it would “restore the right to local referendum on the establishment or ongoing use of Māori wards”, which was also National’s position prior to the election.
Brown today said in a statement the Government was reversing Labour’s “divisive” changes.
“Local community members deserve to have a say in their governance arrangements,” he said.
“The coalition Government’s view is that any decision to establish or disestablish a Māori ward is one that should remain with communities.
“This does not affect councils’ responsibilities to consult with mana whenua on issues that affect them.”
Whanganui District Council voting on Māori wards in October. Photo / Bevan Conley
The announcement was intended to give councils certainty ahead of local body elections next year. Results of referendums held by councils alongside those elections would take effect from the local government term beginning October 2028.
Councils could also choose to reverse their recent Māori wards decisions this year. In the 2022 local elections, 35 councils adopted Māori wards.
The Wairoa District Council, Waikato Regional Council and the Bay of Plenty Regional Council wouldn’t be affected by the Government’s decision, given they formed Māori wards prior to the 2021 law change.
Ōpōtiki District Council was also not required to hold a referendum after it conducted a poll at the 2022 elections which found locals were in favour of Māori wards.
Act leader David Seymour welcomed the move as a reversal to Labour’s attempt to “force undemocratic Māori wards on communities that do not want them”.
“They removed New Zealanders’ democratic voting rights because they believed voters couldn’t be relied on to vote the right way.
“The decision of whether councils should establish Māori wards ought to lie with the communities themselves, not Wellington.”
NZ First leader Winston Peters made similar comments, saying the “true democratic process” would be restored.
New Zealand First leader Winston Peters has been a strong opponent of Māori wards. Photo / Mark Mitchell
Labour MP and Māori caucus co-chairman Willie Jackson said the change was a “kick in the guts” for Māori and believed it would “stir up fear, division and even violence” in some communities.
“In government, we got rid of the discriminatory and unjust poll provisions that had long disenfranchised and disadvantaged Māori.
“It is important for our democracy to provide for equal rights and to ensure that fair electoral representation is available to all citizens and extends to our Te Tiriti obligations.”
He also criticised the Government for what he considered to be its contradictory position concerning Te Tiriti o Waitangi.
“They can not say that they are committed to honouring the Treaty, and in the same vein, remove policies that support Maori aspirations.”
Te Pāti Māori co-leader Rawiri Waititi specifically targeted Act in his condemnation of the Government’s decision.
“It is appalling, that Act think a 5 per cent referendum is their definition of democratic when Te Tiriti asserted equal rights and opportunities.
“Act and the coalition resort to using the general election as their democratic mandate, yet ambush the mandate local electors give to their councillors to establish Māori wards.”
Local Government New Zealand president Sam Broughton said the change removed power from councils.
“Empowering local government to make decisions about their own communities is what this Government campaigned on and is not being delivered today.”
He also claimed local government contained its highest-ever Māori representation and the Government’s decision risked the mana of Māori elected members.
“Claims that Māori wards and constituencies give Māori more votes than anyone else are wrong and politicians should think carefully before inflaming these important conversations with misinformation.”
Adam Pearse is a political reporter in the NZ Herald Press Gallery team, based at Parliament. He has worked for NZME since 2018, covering sport and health for the Northern Advocate in Whangārei before moving to the NZ Herald in Auckland, covering Covid-19 and crime.
