The Waitangi Tribunal had found the Government's plan to restore the ability for communities to hold binding referendums on whether to introduce Māori wards breaches the Treaty of Waitangi.
The previous government had passed legislation allowing councils to decide on whether to establish Māori wards for their city or district.
The law stripped a provision that previously allowed communities to veto Māori wards in a vote. Prior to that provision being removed, 24 councils attempted to establish Māori wards, but only three were successful.
Last month, as part of its coalition agreement with ACT and NZ First, Local Government Minister Simeon Brown announced the Government planned to introduce a bill that restored communities’ ability to hold referendums on Māori wards.
Local Government Minister Simeon Brown last month announced a bill that restored communities’ ability to hold referendums on Māori wards. (Source: 1News)
Any Māori wards that were established after Labour’s law change will be subject to a mandatory referendum during the 2025 local elections.
If that referendum rejects Māori wards, those seats will disappear at the elections held in 2028.
However, the Government also planned to give councils the option of simply disestablishing any of the recently formed Māori wards before the 2025 elections.
The application for urgency on the Māori ward changes was filed by Te Raukura O'Connell Rapira and Anne Waapu, and has been supported by several Māori councillors, iwi, hapū and kaupapa Māori organisations.
In a report released today following an urgent inquiry, the Tribunal found "the Crown has breached the Treaty principle of partnership by prioritising coalition agreement commitments and completely failing to consult with its Treaty partner or any other stakeholders".
"The Crown has failed to adequately inform itself of its Treaty obligations and has failed to conduct adequate Treaty analysis during the policy development process, in breach of its duties to act reasonably and in good faith," the Tribunal said. "It has inadequately defined the policy problem as restoring the right of the public to make decisions about Māori wards and constituencies, when no other type of ward or constituency requires a poll, in breach of the principle of equity.
"In addition, the Tribunal finds the Crown has failed to actively protect Māori rights and interests by ignoring the desires and actions of Māori for dedicated local representation. The Tribunal also finds breaches of the principles of mutual benefit and options. Combined, these treaty breaches operate to cause significant prejudice to Māori."
The Tribunal recommended the Crown stop the amendment paper to allow consultation.
O'Connell Rapira previously said NZ had gone from having three councils with Māori wards to 49 councils that either have them, or will have them at the 2025 local elections.
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