10. Question No. 10—Local GovernmentHon Dr NICK SMITH (National) to the Minister of Local GovernmentQuestion No. 10—Local Government10. Hon Dr NICK SMITH (National) to the Minister of Local Government: Does she agree with the statement Labour will ensure that major decisions about local democracy involve full participation of the local population from the outset" in Labour's 2020 Manifesto on Local Government and Communities; if so how is her legislation removing the opportunity for public participation through a referendum on separate Māori seats consistent with this?Hon NANAIA MAHUTA (Minister of Local Government): To the first part of the question yes.SPEAKER: No no when there's a two-part primary question the member must address both parts of the question. Supplementaries are a different matter.Hon NANAIA MAHUTA: To the first part of the question yes Mr Speaker. And to the other part of the question the bill removes the discriminatory provision which unfairly subjects council-mandated decisions to establish Māori wards to be overturned by a 5 percent poll of registered electors. This provision is not applicable to the establishment of general or rural wards or regional constituencies. So we're levelling the playing field.Hon Dr Nick Smith: Does she stand by her statement that the current law allowing for referendum on separate Māori seats is racist and discriminatory; if so why did she speak and vote for those provisions when they were legislated for by the previous Labour Government?Hon NANAIA MAHUTA: Yes I do stand by those statements and 19 years ago when that legislation was introduced that provision was put into legislation to enable councils to put on the table the creation of Māori wards. We have found that since that provision has been in place it has been used 24 times. Only three councils have been able to establish Māori wards—two by resolution and one from special legislation. So clearly over 19 years the provision is onerous it is a high bar and it is discriminatory. I seek leave to table a letter from the past president of Local Government New Zealand dated 22 March 2018 highlighting their aspiration—their request—to remove this discriminatory provision.SPEAKER: Is there any objection to that document being tabled? There appears to be none.Document by leave laid on the Table of the House.Hon Dr Nick Smith: Does the Government consider it adequate consultation to call for public submissions one day and require they be lodged by the next?SPEAKER: That is a matter which is a decision of this Parliament and has been made by this Parliament.Hon Dr Nick Smith: Point of order Mr Speaker. My primary question is about local government policy. My question was not specific to the submission process on the bill that does in fact call for submissions today and require them tomorrow. My question was: does the Government consider that adequate public process—not necessarily on that but as a matter of policy is it adequate when you are publicly consulting to say "Hey we want submissions today but you've got to have them in by tomorrow."?Hon Chris Hipkins: Speaking to that point of order Mr Speaker if the revised interpretation of the member's question is in fact correct then it's nothing to do with the primary question. It should be ruled out of order on that basis.Hon Dr Nick Smith: My primary question was specifically about Labour Party policy ensuring full participation in decision making that affects local people.SPEAKER: Except that it does say about major decision-making about local democracy. I'll be generous and let the member have another crack at wording it within order.Hon Dr Nick Smith: Does the Government consider it adequate consultation—say for councils or other public bodies—to call for public submissions one day and require those submissions be in by 5 p.m. the next?Hon NANAIA MAHUTA: In taking into account public consultation I have factored in 19 years of a provision which is discriminatory and several councils having local conversations with their communities around trying to establish Māori wards which has often been divisive. I have taken on board the number of councils who have petitioned me to make a change to this legislation and while the select committee process is a short time frame this issue has been around for a long time. These provisions are clearly discriminatory and need to be changed so that communities who want Māori wards can have them.Rt Hon Jacinda Ardern: Can she confirm her position that if we are to truly support local democracy we should listen to the request of Local Government New Zealand (LGNZ) and remove a provision that is stopping local councils making decisions that they are elected every three years by their constituencies to make?Hon NANAIA MAHUTA: Absolutely and I can also confirm that a number of councils like the Northland council New Plymouth District Council South Taranaki council Stratford council Taranaki Regional Council Nelson council and Hawke's Bay have all—with others—petitioned this Government to remove the discriminatory provision that prevents Māori wards from being created.David Seymour: If democracy means listening to LGNZ and certain councils what does it mean to accept the will of electors in polls who nearly always vote against the establishment of Māori wards?Hon NANAIA MAHUTA: Let me be very clear: councils are still able to hold non-binding polls to test the sentiment of electors on a number of issues including the creation of Māori wards. What we're doing is rectifying a discriminatory barrier that does not apply to the creation of general wards or constituencies. We're evening the playing field.Hon Dr Nick Smith: Does she agree with her officials' statement in the regulatory impact statement that there has been minimal consultation on the bill nor sufficient opportunity to consider any policy alternatives?Hon NANAIA MAHUTA: I support the totality of the advice which acknowledges that it is a discriminatory provision and takes into account those local body - elected members who have been tasked with addressing voter representation and want this change to occur.Hon Dr Nick Smith: Does the Government expect councils to respect ballot-box decisions where communities have recently voted against creating separate Māori wards; if not why not?Hon NANAIA MAHUTA: The ballot-box decision that electors make every three years which is to choose their leaders of council to choose their councillors is overturned by a 5 percent discriminatory provision. Even if those councillors around the table who have been elected to represent their region want Māori wards it can be overturned by a 5 percent poll and that's discriminatory. We need to even up the playing field.Rawiri Waititi: Why does the legislation not include a requirement on all councils to establish either a Māori ward or mana whenua seat by 2022?Hon NANAIA MAHUTA: Right now we're looking at the substance of the poll provision and the creation of Māori wards and many members in terms of the Labour Māori caucus and many of our colleagues know that the changes that we went to our constituencies on and campaigned on we're going to deliver on that; anything else is somebody else's decision."