Borrows Chester: Local Electoral (Maori Representation) Amendment Bill — First Reading 
Borrows Chester: Local Electoral (Maori Representation) Amendment Bill — First Reading 
[Volume:664;Page:11795] 
CHESTER BORROWS (National—Whanganui) 
: 
 National will be opposing the Local Electoral (Maori Representation) Amendment Bill. It does so from a position where much as it would be very happy for councils to utilise the powers they currently have to decide to have specific Maori seats it does not believe that this should be legislated for. A community should decide whether to have Maori seats not the Government. No one will be too surprised to find that that is National’s take on this bill. The key messages behind National’s policy in respect of this bill are that good local government is essential for our communities our economy and our environment. The National Government values having an honest and open working relationship with the local government sector. We recognise that there cannot be a one-size-fits-all approach to local government; hence the ability of local governments to choose for themselves whether to include specific Maori seats. 
The purpose of the bill is to require all territorial authorities and regional councils to establish Maori wards and constituencies to provide for Maori representation. That would be achieved by amendments to the Local Electoral Act 2001. The general policy statement accompanying the bill controversially asserts that there is a requirement to establish Maori seats arising from the Treaty of Waitangi. That is not currently an accurate reflection of the state of New Zealand law. The general policy statement accompanying the bill says that the number of Maori seats is to be calculated from total population data as opposed to electorate population data “because 40% of the Maori population is under 18 years and is therefore excluded under the current formula.” That is inaccurate as the current formula in schedule 1A of the Local Electoral Act 2001 and also the Bay of Plenty Regional Council (Maori Constituency Empowering) Act uses the definition “Maori electoral population” as defined in the Electoral Act 1993. That Act defines Maori electoral population to mean “a figure representing both the persons registered as electors of the Maori electoral districts and a proportion of the persons of New Zealand Maori descent who are not registered as electors for any electoral district and a proportion of the persons of New Zealand Maori descent under the age of 18 years …”. 
The Government’s decision regarding Maori representation on the new Auckland Council recognises that there is already provision in the Local Government Act 2002 and the Local Electoral Act 2001 for specific recognition of the position of Maori. Under the Local Electoral Act councils have the power to decide whether to have specific Maori seats. Voters are able to require that of the council or to change a council decision on that matter with a referendum. Many of us on this side of the House who happen to find ourselves voting against this bill are of a mind that we would much rather see that being the process. We encourage and applaud the move of local constituents to vote in that way but we do not believe that in New Zealand in the 21st century we should be legislating for it. Rather we hope that people are wise enough to see the need for it on their own without having it imposed on them. 
Under the Local Government Act there must be a consideration given to Maori views. Under section 81 of the Act councils are required to take steps to provide opportunities for Maori to contribute to decision-making processes. Those steps include fostering ways of developing Maori capacity to contribute to decision-making processes. Given the opportunity councils currently have to have separate Maori wards if they want and the requirement to be able to consult with Maori we believe that there should be no need for people to pat Maori on the head make special courses and open special doors for them to get in in the way this bill prefers they did. 
Section 11 of the Local Government (Auckland Transitional Provisions) Act 2010 which is the third piece of legislation required to implement the Government’s decisions on the governance arrangements in the Auckland region sets out the first steps for an independent statutory board established by Part 7 of the Local Government (Auckland Council) Act 2009. Its purpose is to promote cultural economic environmental and social issues of significance for mana whenua and Maori in Tamaki-makau-rau to assist the Auckland Council in making decisions performing functions and exercising its power. 
I want to make the point once again quite strongly that much as we would love to see a situation in this country where Maori representation was willingly attributed across all local governments it is not National’s position that we should legislate for it in this way. We will not be supporting this bill. Thank you.