Council Cautioned Against Māori Ward Bias

Friday, 28 March 2025, 8:36 pm
Article: Moana Ellis - Local Democracy Reporter

A councillor who wanted to re-label her council’s Māori ward referendum as discriminatory was told the word was inappropriate because the poll must be conducted impartially.

Ruapehu District councillor Janelle Hinch called for the word “discriminatory” to be inserted into a resolution noting legal restrictions on the council's involvement in the referendum process.

A binding poll will be held in October alongside this year’s local body elections to decide whether the council will keep its Māori ward.

The council formally objected to the referendum in a submission last year to central government.

In a report on election matters to Wednesday’s council meeting in Taumarunui, governance manager Tasha Paladin recommended the council note the legal requirements and implications of the referendum.

Paladin said the council must be cautious about promoting a specific position on the poll.

“This could breach section 4 of the Local Electoral Act 2001 and potentially lead to the poll being declared void if challenged,” Paladin said.

In September last year, councillors resolved unanimously to retain the Ruapehu Māori ward in accordance with the Local Electoral Act 2001.

At that meeting, councillors backed Hinch's motion to note that the decision to retain the ward meant they would be "forced against our will to hold a discriminatory binding poll".

The poll is a requirement of the Local Government (Electoral Legislation and Māori Wards and Māori Constituencies) Amendment Act 2024.

On Wednesday, Mayor Weston Kirton accepted Hinch’s motion for debate, but said he was uncomfortable with adding the description and did not think it appropriate.

“I don’t think it’s worth regurgitating that in this particular forum,” Kirton said.

“This is not about whether we agree or disagree with Māori wards, this is about the detail.

“We must have [a poll], we must provide the right information in an unbiased way, whether we agree or disagree with the actual intent. There are some legal requirements to carry this out in an impartial way,” Kirton said.

Chief executive Clive Manley said “including that word” would imply bias and raise the risk for council.

Deputy mayor Viv Hoeta said councillors did not have to agree with holding a referendum – “we don’t; it’s something that has been imposed on us” – but the council must remain neutral and unbiased.

Hinch withdrew her proposed amendment “for the protection of council”.

The council instead passed an additional resolution noting that it had formally submitted to central government its opposition to a Māori ward referendum.

Voting documents for the local body elections will include polls on the retention of Māori wards for both Ruapehu District Council and Māori constituencies for Horizons Regional Council.

Voters will vote 'For' or 'Against' keeping these arrangements.

The outcome of the poll will be binding and will decide if Māori wards will be retained for the next two triennial elections in 2028 and 2031.

Paladin said responsibility for conducting the poll rests solely with the electoral officer, who is an independent statutory official.

“The Council must exercise caution and not attempt to direct the Electoral Officer regarding the conduct of the poll.”

Any attempt to direct the Electoral Officer would constitute a statutory breach and could result in the election being declared invalid, Ministerial intervention and legal challenge through a judicial review.

Councillor Fiona Kahukura Hadley-Chase said education was required across the country on the worth of Māori wards.

Paladin said regional electoral officers were developing options for an educational communications plan on Māori wards that aligns with legislation and legal advice.

Paladin's report included a request for a decision on how candidates' names should be ordered in voting documents for the October 2025 elections and any by-elections until October 2028.

Councillors decided the names will appear in alphabetical rather than pseudo-random or random order.

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