The referendum on the electoral system
Rahui Katene, MP for Te Tai Tonga
Thursday 22 June 2010; 4.10pm

This week we have been proud to place on record the significance of sitting at the decision-making table.

It has been a week to treasure the very role that the Maori Party can play as the credible Maori voice in Parliament.

And that Maori voice is a voice which comes from a basis of strength – a voice which resonates with the words of all those who fought the good fight to enable issues to be heard.

Our electoral system in 2010 is a system which has enabled those voices to come in through the hallowed halls of Parliament.

And so I think of some of those people whom are now given due honour and recognition through the Maori Party’s position in being able to advance the signing of the Declaration of the Rights of Indigenous People.

Mr Speaker, I chose to begin my contribution on the Electoral Referendum Bill by acknowledging the impact of many individuals and the whanau, hapu and iwi to which they belong.

In recalling those who have paved the way to the United Nations I seek to remind the House of the role that the Maori Party holds as the natural partner of Government, the Maori partner which provides the means by which tangata whenua may be heard in these chambers.

The issue of Maori representation is so vital to our constitution and indeed our nation, that we had it written in to the terms of the relationship and confidence and supply agreement between the National Party and the Maori Party that there will not be a question about the future of the Maori seats in the referendum on MMP.

I stand in this debate, to respond to the legislation concerning the referendum on the electoral system with my feet firmly planted in the context that is our constitutional framework, Te Tiriti o Waitangi.

This is the strong legal basis and constitutional framework which the Prime Minister has been referring to today, in relation to the historic decision to support the Declaration.

So how this does new bill on Electoral Reform relate to this constitutional context?

I refer the House to the Ngai Tahu report of 1991, in which the statement was made

“it is clear that the exercise of tino rangatiratanga, like kawanatanga, cannot be unfettered, the one must be reconciled with the other.

The Treaty provides us with the knowledge that as parties to the Treaty, Maori should at least be guaranteed representation in the organs of kawanatanga.

The Treaty is a document of dual accountabilities, between two Treaty partners; it is in itself about the reconciliation of kawanatanga and rangatiratanga.

The 1986 Royal Commission on the Electoral System expressed this view in great clarity, and again I quote, “Under the terms of the Treaty the Crown formally expressed the existing rights of Maori and undertook to protect them. It is in this sense that Maori people have a special constitutional status”.

That report went on later to note the failure of successive Governments to recognise and give effect to the Treaty as the basis of constitutional government in New Zealand. They went further, and made an important observation

“Although they were not set up for this purpose, the Maori seats have nevertheless come to be regarded by Maori as an important concession to , and the principal expression of their constitutional position under the Treaty of Waitangi”.

Mr Speaker, I wanted to set out this context, a Treaty context, before we embark on the process of a referendum on the electoral system, because I wanted to explain why we didn’t want to have the constitutional status of the Maori seats mixed up with all of the issues that will be discussed in the review of MMP.
Those issues of constitutional significance are not ones that can be dealt with in a quick and slick study or two; or indeed an electoral referendum.

There will, however, be every opportunity to consider our constitutional framework within the context of the constitutional review that is also a part of our relationship agreement with the National Party.

The Maori Party brought to the negotiating table a policy goal to establish a Constitutional Commission to begin a constitutional review aimed at, among other things, drafting arrangements that give effect to the Treaty of Waitangi.

Te Tiriti o Waitangi is the foundation for our electoral system. A treaty based constitution that recognises tangata whenua might encourage Maori to participate in elections.

But let us leave that there for the broader discussion, the longer conversation that the Constitutional Review will enable.

Mr Speaker, I am proud to be a member of the committee established to consider legislation arising out of the referendum and the reform of the electoral finance regime.

A particular interest for the Maori Party is about the citizenship rights of all New Zealanders to take up their democratic rights to vote, and to contribute to the shaping of a new parliament.

I was interested in an article by Colin James given at a presentation to the Statistics Forum last month when he reminded participants of the need to focus on Article Three rights – the citizenship article – and in particular full participation in society and the economy.

It was his view that appropriate recognition of Article three might imply state-guaranteed action to reduce inequalities of opportunity, and to ensure that assistance works.

This in turn, might imply sensitivity to cultural and other differences, including understanding and working with different worldviews.

It was extremely timely to read this analysis and to think about the opportunities for Maori citizens to be full and contributing participants in the electoral system we have today.

As we all know, Maori turnout is much lower than the general population. The number of votes cast in the Maori electorates in national elections is roughly 58% of the number cast in general electorates.

A focus on citizenship rights would inevitably force the question, what is the electoral system doing so badly, to fail to lift the Maori vote?

This question is not a new one. In 1994 I was the instructing solicitor for a Waitangi Tribunal brought by Hare Puke and supported by the National Maori Congress, the New Zealand Maori Council and the Maori Women’s Welfare League.

Within the essence of that claim, is the argument that the Crown has an obligation under the Treaty of Waitangi to protect the right of Maori to be represented in Parliament, and that there are special needs in promoting Maori enrolment and education on this option.

Sixteen years on, that claim appears to be just as relevant.

How do we ensure that Maori representation is protected; and that Maori citizens take up every opportunity to enrol to vote, to vote, to stand for Parliament, and to be represented?

Finally, this is a claim that has also gained traction through the status of the United Nations Declaration on the Rights of Indigenous People.

That Declaration states that indigenous peoples have the right to participate fully, if they so choose, at all levels of decision making in matters which may affect their rights, lives and destinies.

We do want to see an increase in Maori electoral participation; and we expect as part of that there may need to be new legal and administrative responsibilities for government and electoral related agencies, to increase that participation rate.

This may be through improving the accuracy of the Maori roll; improving measures to ensure Maori enrol to vote; or introducing an electoral education campaign to emphasize the importance and significance of voting.

It may be that what is required is a focus on cultural awareness and responsiveness in the electoral administration system.

We look forward to close analysis as the legislation unfolds, concerning the referendum on the electoral system and reform to the electoral finance regime.

We are certainly pleased to be part of such a significant opportunity to undertake electoral reform, and to that end, we support this first reading.

ENDS

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