Treaty Scrap Could Draw Watchdogs To Taranaki Council

Monday, 31 March 2025, 7:45 pm
Article: Craig Ashworth - Local Democracy Reporting

The Ombudsman or Auditor-General might be called in after an investigation into a quashed debate on the Government’s Treaty bill at Taranaki Regional Council, says its chief executive.

Taranaki Regional Council's boss has to review what happened when two veteran councillors shut-down debate on the contentious Government bill to redefine how Te Tiriti is interpreted and applied – including by councils.

Chief executive Steve Ruru has advised councillors that other possible outcomes include a Code of Conduct review or legal action from beyond council walls.

Ruru has drafted terms of reference for his investigation, warning that he won’t directly punish anyone but might kick the dispute up to the nation’s legal referees.

“For the avoidance of doubt, the review will not determine the civil, criminal or disciplinary liability of any person,” he said in an item for tomorrow’s council meeting. [subs Tuesday April 1st]

“This does not prevent the review from making a referral to an appropriate oversight body, such as the Ombudsman or Auditor-General should that be considered appropriate.”

Ruru also advised councillors he might uncover issues properly dealt with under the Council Code of Conduct rules.

In January the council voted to investigate why a debate on the Principles of the Treaty of Waitangi Bill was shut down by conservative councillors at their December meeting.

The council agreed to apologise to people – mostly Māori – who wanted to discuss the contentious bill, authored by Act leader David Seymour.

New Plymouth District Councillor Dinnie Moeahu is in line for a personal apology.

Despite being pre-approved to speak in December, Moeahu was moved down the agenda then silenced as the debate was blocked – treatment described as “really appalling” by iwi rep Mitchell Ritai.

That drew the threat of a High Court review of the debate debacle, which was only forestalled by councillors agreeing to Ruru’s review.

But he said legal action against the council was still possible.

"The internal review process cannot stop the rights that external parties might have to initiate an external review process or to challenge the decisions made by Council by way of, for example, judicial review or any other form of proceeding."

Ruru agreed to a request from Councillor Susan Hughes KC to explicitly list laws and policies “that will be factored in for consideration of what in fact transpired”.

These include the region’s Treaty claim settlement laws, the Local Government Act, and TRC’s Long Term Plan and mission statement, which Hughes said “should have directed how we behaved in December”.

The mission statement includes representing Taranaki’s interests and contributions regionally, nationally and internationally.

“We will do this by leading with responsibility, working co-operatively, to encourage community participation, and taking into account the Treaty of Waitangi,” the mission statement concludes.

Under the Local Government Act, councils must provide opportunities for Māori to contribute to decision-making: Treaty claim settlement Acts for Te Ātiawa, Taranaki Iwi and Ngāruahine include specific mechanisms to enable that.
At February’s TRC meeting Councillor Bonita Bigham said she was “greatly and deeply” concerned with behaviour outside the chamber – which is also in scope for the review.
“There were discussions and pre-determination of decisions made before the December 10 meeting and Councillor Hughes and I were excluded from any of those discussions with other councillors,” Bigham said.
Ruru said once the facts are in, the current councillors should decide what happens before October’s election.

To enable that he hopes to report back in June but warns he may be delayed by surprises.

“There is a risk of slippage depending on the nature of the issues that might be raised.”

Veteran councillors Neil Walker and Donald McIntyre have collectively spent 41 years in the chamber shaping submissions to Parliament but at December's meeting Walker declared the council “not a political body” and the Treaty bill “too divisive” and “not appropriate” for discussion.

Taranaki Māori representatives and their allies in the chamber said the councillors had trampled on mana, causing widespread anger in Māori communities.

They called for concrete measures to end ignorance on Tiriti matters.

Ruru said some 20 people are up for questioning.

“All staff, elected and appointed members involved in the original decision-making process should be provided with the opportunity to provide input,” he proposed in the review terms.

“While this approach is important from a natural justice perspective it does mean that the views of approximately twenty individuals will need to be sought, analysed and considered.”

The review encompassed “the actions that were taken by those involved with development and consideration of the submission on the Principles of the Treaty of Waitangi Bill.”

Ruru would also consider how council policies, processes and actions compared with good practice in local government and the public service, and how TRC could improve how it worked.

Two weeks ago new chair Craig Williamson informed the powerful Policy and Planning Committee that the council was about half-way through its process – and he’d met with Moeahu.

“We've agreed that it's best to wait to see the outcome of the internal review first, digest that, and then we're going to get together again and have another chat.”

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