Smith NickHon Dr NICK SMITH (National): If you want a clause to illustrate what a biased dog of a bill this is I ask members to look at what is being done in section 9. Section 9 of our local government electoral law says that a council can have a referendum on any issues it chooses. Let's look at what section 9 says. It says it can have a referendum on whether it provides a service or does not provide a service. It can have a referendum on any policy—any policy whatsoever—or any intended policy. It can have a referendum on any future activity. It can have a referendum on any issue affecting the wellbeing of a community. It can have a referendum on whether it has wards or does not have wards. It can have a referendum on whether it wants to have a community board.But what this clause says is the only thing you cannot have a poll on—you are going to be specifically prohibited—the only thing you are prohibited from having a poll on is whether you have a Māori ward. Now my colleague Simon Bridges said But all the way through the Minister's been saying 'All I'm doing—don't worry New Zealanders—I'm just making the law the same.'" Well this clause is definitely doing the opposite. It says the only thing we cannot trust councils to decide to have a binding referendum on is the issue of Māori wards and how odd—how weird—is such a provision?Imagine if I in the general Electoral Act brought a bill in and said "The Parliament can decide to have a referendum on anything it likes but you can't have a referendum on say cannabis liberalisation." People would say that's pretty weird law: why would you specify just one little thing that the Parliament is not allowed to have a referendum on? This is bizarre law that shows how much this Government is determined to screw the scrum in favour of Māori wards and rather than the Government giving this dishonest dribble that "All we are doing is making the law the same for everybody." this provision in section 9 of the Electoral Act shows how much they are screwing the scrum.I don't agree with the Māori Party but I do respect the Māori Party for this. The Māori Party has said to New Zealanders "We want Māori wards on all councils" and that's a fair enough position. They've advocated that they've moved amendments on that. But the sneaky Government are saying "Oh no no no; we're just neutral. We just want communities to be able to decide but we're going to write the law to screw the scrum"—so that they can only decide to have Māori wards; they can't decide to undo them once they've done them—"and we're going to pass this bizarre clause in section 9." And I'll read it for the point: a council can have a referendum on any issue they like except the only provision that they are explicitly prohibited by law on having a referendum on is Māori wards.Let's be frank and honest about what the Government is doing here. What the Government did and Nanaia Mahuta was part of a Government that did this was put the referendum provisions in around Māori wards. And Labour principles are as shallow as this: "We agree that communities should be allowed to vote as long as they vote the right way. And if they vote the wrong way well we'll fix it we'll just take the vote off them." Not only are they taking the vote off them they're saying "Even if your democratically elected council decides it wants to have a referendum on this issue we're going to stitch up the law." And specifically the only area where they are specifically prohibited from being able to have a poll is with respect to the issue of Māori wards. That is not neutral law; that is biased law that is a dog law and that is a law that is an offence to anybody that is trying to write fair electoral law.Isn't it a nonsense if we're saying to a council that if you want to have a decision over whether you keep a single tree in your area you're allowed to do that but on a really important constitutional question as to whether your council is elected on the grounds of ethnicity then you are specifically prohibited from doing that? That is bad law and I urge the committee to oppose this clause."