Mandatory MÄori wards in local government: Active Crown protection of MÄri Treaty rights

Abstract

Historically, few MÄori have been elected to local government. In the last 10 years the Crown has created two opportunities for local government to increase the number of MÄori elected: the Local Electoral Act 2001 allows a local government to change its electoral system from the first-past-the-post (FPP) to the single transferable voting (STV) system; and the Local Electoral Amendment Act 2002 allows a local government to create local MÄori wards and MÄori constituencies (replicating the model of MÄori representation in the House of Representatives). Very few local governments have implemented either option. A small (and declining) number of councils have changed to STV. A few councils have polled their electors on the matter of establishing MÄori wards, but each poll rejected them. In 2010 the Crown renewed its commitment to the ‘option’ of local electoral reform in establishing the new Auckland City Council. The Crown rejected a Royal Commission recommendation to guarantee MÄori representation in the reconstituted council, preferring to allow the council and Auckland voters to engage in electoral reform if they wish to do so. Following the 2010 local government elections, MÄori are still chronically under-represented amongst elected councillors. This article argues that the Crown is failing in its duty of active protection of MÄori in laws relating to MÄori representation in local government. Drawing on Kymlicka’s arguments about group representation, the article argues that the Crown has dual obligations to MÄori in relation to local representation. It must recognize MÄori as a community of interest in local electoral boundaries and it also must increase the number of MÄori elected to local government. Both obligations can be met through the mandatory creation of MÄori wards in all local government. This article also defends guaranteed local MÄori representation against some common objections.

• local government
• MÄori
• representation
• single transferable vote
• Treaty of Waitangi
• wards

Additional information

Notes on contributors

Janine Hayward

Janine Hayward is an Associate Professor in New Zealand Politics at the University of Otago. Her research interests include the relationship between local government and MÄori under the Treaty of Waitangi, and issues of MÄori representation more generally. Her recent publications include: ‘Indigenous Political Representation and the Value of Comparative Research’, in Brendan Hokowhitu et al. (eds) Indigenous Identity and Resistance: Exploring the Diversity of Knowledge (2011); ‘Local Government Representation’, in M. Mulholland and V. Tawhai (eds), Weeping Waters: The Treaty of Waitangi and Constitutional Change (2010); and ‘The MÄori Seats and Agency Theory: Refocussing Debates about MÄori Representation’ (with Ann Sullivan), in M. Bargh (ed.), MÄori and Parliament: Diverse Strategies and Compromises (2010).