Submissions on the mixed-model Canterbury Regional Council Bill were heard yesterday, and there was a lot of pākehā liberal surprise that Ngāi Tahu back a mixed-model council, even beyond the next term. In many ways this follows on from earlier liberal surprise that the Māori Party would be backing the Bill, which lead to the surprise that Ngāi Tahu supported the Bill. (Ngāi Tahu’s views being particularly important in the context that the Māori Party will be the swing votes for this legislation, and the party’s kaupapa suggests that Ngāi Tahu’s views, as the iwi most directly affected, will play a substantial role in their voting behaviour.)
In all honesty, it’s not really a big surprise that Ngāi Tahu weren’t huge fans of the elected Regional Council, and nor is it a big surprise that they would advocate a model which places them on an equal footing with central government.
There is, however, some interesting friction here in that traditional liberal thought flinches at any allocation of voting rights on anything other than a one-person one-vote basis, while liberal pākehā are also (ostensibly) committed to the Treaty relationship and iwi governance partnership. While the Māori/General Roll system for House elections is an unusual system, within each Roll voters remain allocated to geographically defined constituencies of equal size using the same voting system as each other. Similarly, the Māori ward system preserves those features at a council level, where it is used (Bay of Plenty Regional and Waikato Regional Councils). Māori wards are also a very difficult structure to implement: only one Council, Waikato Regional, has used the Local Electoral Act provisions to introduce them.
As Ngāi Tahu’s lobbyist James Caygill points out, Māori wards are not iwi representation. Iwi representation will generally have the characteristics that it is non-geographic (i.e iwi membership is not determined by the physical location of voters) and non-proportional (i.e it is unlikely iwi representation will directly reflect the number of iwi members as a proportion of the population of the authority.)
In the Te Arawa Partnership model, Te Arawa elects an independent Board which then nominate members to council committees, including voting members for the Strategy & Finance and Operations & Monitoring committees. The Te Arawa Partnership is therefore non-geographic and non-proportional. The nominees are appointed by the elected members, and the Council is not bound by committee recommendations.
There are precedents for non-geographic constituencies. They were a feature of the British Commons until 1950, in the form of the University constituencies. There is also a great deal of precedent for disproportionate representation of communities of interest at the local government level in New Zealand. The Banks Peninsula ward of the Christchurch City Council is half the size of the other wards in order to better represent isolated rural communities, as is the Stewart Island – Rakiura ward of the Southland District Council. From a liberal perspective these appear anomalous, and personally I have my doubts about them, especially given the tendency to over-represent whiter, richer rural areas — a sort of country quota for our local government. Nonetheless, they are a feature of our local democracy and do ensure that certain kinds of community are represented when they otherwise would not.
Ngāi Tahu argue that as they hold mana whenua in the Canterbury region, the Treaty relationship indicates they should have a direct voice at the Council table. But, as Ngāi Tahu also observe, iwi representation is not Māori representation. Does the Treaty partnership call for non mana whenua Māori to be represented at the local government level? How can this be accomplished alongside mana whenua representation? In Auckland, the Independent Māori Statutory Board represents mana whenua and other Māori (mātāwaka) with specific positions tied to mana whenua and mātāwaka, while in the future Te Arawa will look to build mātāwaka representation into their structures for the purposes of the Partnership. The IMSB has had difficulties implementing urban Māori representation, and Willie Jackson is challenging certain decisions in the courts, while Te Arawa have not yet revealed how they will achieve this.
These are hard questions, particularly when put alongside dominant pākehā traditions that value geographic constituencies of equal size. Liberal pākehā need to be more aware of the complexity of these issues: “Māori wards” are not the answer to every question of representation, and may in fact be actively unwanted by iwi. At the same time, iwi representation does raise difficult legal and political questions. Canterbury Regional Council will only have full members appointed on an iwi basis as a result of an ad hoc Act, and it is unlikely that other councils would be able to act in a similar manner. There are also real questions about how the legitimacy and authority of members appointed on such a basis will be managed within the context of a political system that presumes legitimacy derives primarily from direct election by the residents of a district.
As Māori seek to take on an active partnership role in more aspects of government, these questions will keep coming up in relation to major urban authorities, with significant political responsibilities. In order for representation and governance models to be sustainable, they will need to enjoy broad based support. Resolving these questions proactively and effectively will be an important part of successfully transforming rhetorics of Treaty partnership into governance realities at the local authority level.
The author is the chair of the People’s Choice in Christchurch, but the views expressed are entirely personal.