Flavell Te Ururoa: Local Electoral (Maori Representation) Amendment Bill — First Reading 
Flavell Te Ururoa: Local Electoral (Maori Representation) Amendment Bill — First Reading 
[Volume:664;Page:11793] 
TE URUROA FLAVELL (Maori Party—Waiariki) 
: 
 I move  
That the Local Electoral (Maori Representation) Amendment Bill be now read a first time. 
 At the appropriate time I intend to move that the bill be considered by the Maori Affairs Committee. 
If we go back in time to set the scene a few years ago the Local Electoral Act 2001 was a hugely significant moment in our history. That legislation provided councils with the opportunity to establish Maori wards along similar lines to parliamentary electorates. In the same year the Bay of Plenty Regional Council (Maori Constituency Empowering) Act introduced Maori wards in constituency seats thereby guaranteeing Maori representation at the local level in at least one region. I acknowledge the work done on that legislation by the Hon Mita Ririnui. 
A year later the Local Government Act 2002 created the incentive for local government to place greater emphasis on Maori participation and representation. Within that Act section 81 provides explicit commitment for local authorities to establish and maintain processes to provide opportunities for Maori to contribute to decision-making processes at the local authority level. As agents of the Crown all local authorities are required to take into account the principles of Te Tiriti o Waitangi. Indeed the Treaty provides the ultimate guarantee to tangata whenua that self-determination and authority can be best expressed in local government decision-making. 
Just over 2 months ago the Minister of Maori Affairs in front of over 2000 people—and the event was beamed around the world through satellite TV—announced that New Zealand would finally support the United Nations Declaration on the Rights of Indigenous Peoples. I was there; I saw it happen. For the benefit of all members I can tell the House that article 18 of the declaration confirms: “Indigenous peoples have the right to participate in decision-making in matters which would affect their rights through representatives chosen by themselves in accordance with their own procedures as well as to maintain and develop their own indigenous decision-making institutions.” 
I would like to say at this point that I rest my case. The Treaty of Waitangi the United Nations Declaration on the Rights of Indigenous Peoples and three separate pieces of local government legislation are surely all the evidence that is needed to consolidate Maori representation in local government but no not quite; far from it. Despite the requirement of yet more legislation—section 4 of the Local Electoral Act 2001 which requires local government to provide for fair and effective representation—Maori representation on local government councils is at its best less than 5 percent. Clearly Maori representation at the local body level is minimal. We just do not have a Maori view at the decision-making table. 
What we are talking about here is the Treaty partner the indigenous people of this land being marginalised by limited representation and participation. When we talk about tangata whenua we are not just talking about a community of interest or key stakeholders; we are talking about signatories to Te Tiriti o Waitangi. 
The Maori Party wishes to promote this bill because direct representation in local government would reflect the Treaty obligation to actively protect Maori rights. Maori representation is the first step towards building a Treaty-based partnership with local Maori. This bill is an attempt to do all of this. 
The bill goes back to the original intention of the Local Electoral Act 2001 to replace voluntary Maori representation in local government with a requirement for territorial and regional authorities to establish one or more Maori wards. The number of Maori seats would be in proportion to the total Maori population of the relevant territory or region. And why not? Surely our decision-making bodies should reflect our communities. 
Why then is this such an issue? Let us think how well the Treaty principles of partnership protection and participation have worked out in practice. We could look at the unfair rating and valuing of Maori land and at the decimation of Maori land and water resources through pollution. Indeed earlier today my colleague Rahui Katene talked about the waste that was discharged directly into the Waikato River from Parana Park under the authority of the local council. 
We could talk about the disregard of other Maori resource values such as the protection of wahi tapu. It is a very topical issue today with the actions of Ngati Ruanui who have complained to the South Taranaki District Council and the Taranaki Regional Council about the damage done by cows that are allowed to trample and desecrate wahi tapu and pa sites. 
We can look at the history of public works. I think that members got a good feel of what we are talking about when my member’s bill was debated earlier during this term of Parliament. 
Perhaps if I move to the more positive approach to the issue of Maori representation I would remind the House of the vital importance that mana whenua places on our environment and of our role as tangata kaitiaki to ensure the active protection of resources for all New Zealanders and especially for those generations to come. At home in my area the responsibility that we uphold as guardians of the environment has been recognised at the national level with the return of the Te Arawa lakes. The Rotorua Lakes Strategy Group is made up of two representatives from the Te Arawa Lakes Trust the Rotorua District Council and Environment Bay of Plenty. The sole purpose of that group is to promote the sustainable management of the Te Arawa Rotorua lakes and their catchments for the use and enjoyment of present and future generations while also recognising and providing for the traditional relationship of Te Arawa with the lakes. However even without this mechanism there are many and varied issues that would benefit from active community participation and representation of Maori outside the lake structure. That is at the crux of the issues motivating this bill. 
Local authorities throughout the country have tried to varying degrees to enable the views of Maori to be heard through advisory committees standing committees and other consultative processes. But it is entirely random as to how effective local authorities are in consulting with tangata whenua and Maori communities before making major policy decisions that significantly affect Maori people. 
Three years ago Christine Cheyne and Veronica Tawhai released a report on Maori engagement with local government which I think is of immediate relevance to this bill. It stated: “Lack of political will in the past to advance Maori local political self-determination within local government structures has stifled Maori participation. This [still] holds true today. Seeking full Maori participation and the changes required to secure such participation must be re-conceptualised as an effort for enhancing social justice and the democratic legitimacy of our local body institutions. In this way local governments can be leaders in creating a better future with Maori for all New Zealanders in Aotearoa.” Those are worthy goals and honourable sentiments for all members to reflect on. We know from the experience of the Bay of Plenty Regional Council (Maori Constituency Empowering) Act that the relationship was positive and valuable and that other councillors learnt a great deal from their Maori counterparts. 
Just as an aside in terms of finishing my contribution in introducing this bill a report on the bill has been tabled by the Attorney-General. It noted that it is both significant and important to provide better provision for Maori representation in local government. It suggested further that the establishment of dedicated Maori representation could be said to be rationally connected to the objective of making better provision for Maori representation in local government. Notwithstanding the conclusions of the Attorney-General’s report which has been made available for members I still believe that the circumstances for Maori representation are so compelling that this Parliament must adopt this bill as a direct means of “creating a better future with Maori for all New Zealanders in Aotearoa”.