The 35 councils with Māori wards or constituencies can either put the decision to a poll or disband their Māori wards, and have until September 6 to decide what they’ll do. Liam Rātana explains.
The Kaipara District Council has ignited nationwide controversy by becoming the first to scrap its Māori ward under newly enacted legislation, sparking fierce protests and a heated debate on Māori representation in local government.
The council, which covers an area of Northland running from the Pouto Peninsula in the South, across to Mangawhai, and north to Kaihu, has just become the first council to disestablish its Māori ward following the introduction of new legislation. This decision, made in a heated meeting on Wednesday, has sparked significant backlash.
What exactly went down at the meeting?
Mayor Craig Jepson called for an extraordinary meeting just 24 hours after the new law – which requires councils that established Māori wards without a public vote to either scrap the ward or hold a referendum on whether it should remain – became effective. The meeting saw more than 200 attendees, including protesters who chanted, sang and performed haka in opposition. Despite the protests, the council voted six to three to disestablish the Te Moananui o Kaipara Māori ward. Pera Paniora, the ward’s representative, will retain her seat until the 2025 local elections.
Why was this meeting so contentious?
The controversy stems from a broader debate on Māori representation. After being elected, Jepson gained national attention for banning karakia in council meetings. He has also publicly opposed Māori wards, arguing that their introduction was undemocratic without a public vote. He cited previous representation by Māori councillors as evidence that a specific Māori ward was unnecessary.
Remind me, what’s the background on Māori wards and the recent legislative changes?
Māori wards were introduced under the Local Electoral Act (2001) to ensure Māori representation in local government. However, they were rarely adopted due to the ability of certain constituents to force a binding referendum via petition. In 2021, then-local government minister Nanaia Mahuta changed the rules to prevent such petitions, leading to the creation of Māori wards in many councils for the 2022 elections.
All three parties that now form the coalition government opposed the 2021 rule change, and National’s coalition agreements with both Act and NZ First committed to reverse it. The Local Government (Electoral Legislation and Māori Wards and Māori Constituencies) Amendment Act, which was passed into law on July 30, requires councils that established Māori wards without a public vote to hold one during the 2025 elections. The 35 councils with Māori wards or constituencies can either put the decision to a poll or disband their Māori wards, as seen with Kaipara, and have until September 6 to decide what they’ll do.
How have different groups reacted to the Kaipara decision?
Responses have been intense and varied. Te Rūnanga o Ngāti Whātua filed for a judicial review ahead of the council’s decision, arguing that there was insufficient consultation with mana whenua, and said it would file for an injunction if the motion passed Naida Glavish, chair of Te Rūnanga o Ngāti Whātua, called for Jepson to resign, saying his actions undermine Māori participation.
Labour leader Chris Hipkins criticised the decision as divisive, suggesting it sets the country back in terms of race relations. He anticipated more disruption in local government as councils continued to review their Māori wards.
Mariameno Kapa-Kingi, Te Pāti Māori MP for Te Tai Tokerau, condemned the council’s move, saying it was influenced by the government’s anti-Māori rhetoric and agenda, leading to what she calls “premeditated fragility” among the councillors. She highlighted the frustration and exhaustion of Māori, particularly Paniora, over continuous marginalisation despite upholding their Treaty partnership obligations.
Kaipara-based Act MP Mark Cameron praised the council’s decision to disestablish its Māori ward, emphasising that Act’s coalition agreement with National aimed to repeal such wards and return to what he described as “equal rights and democratic values.” Cameron urged other councils to follow Kaipara’s lead, arguing that political rights should not be divided by race and that community issues such as rates and infrastructure are shared challenges that can be addressed collectively without racial distinctions. He also addressed protestors, asserting that everyone in Kaipara has an equal voice and the right to vote as any other ratepayer
What’s next for the Kaipara District Council – and what about other councils?
The council will conduct a representation review, normally a five-month process, in a shorter timeframe, which it says will reassess the district’s ward structure to ensure fair representation.
Meanwhile, other councils, like Palmerston North, are voting to retain their Māori wards and exploring the implications of not holding binding referendums, directly challenging the new legislation. Other councils’ moves remain to be seen, but as more than 50 mayors signed a letter to the government criticising the proposed law as it went through parliament, there’s likely to be more pushback going forward.
This is Public Interest Journalism funded by NZ On Air.