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Act
Information
Official
the
under
‘Released
The Department of Internal Affairs
Te Tari Taiwhenua
Purpose
1.
This briefing provides you with options for:
1.1
the second stage of legislative reforms to the processes for Māori wards and
constituencies; and
1.2
combining this work with other straightforward improvements to the Local
Electoral Act 2001 (the Act) sought by the local government sector.
We seek your direction on the scope of this work
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2.
In 2020 the Government began a two-stage process to remove and replace the
provisions in the Local Electoral Act 2001 that enabled binding polls on Māori wards
and constituencies to overturn council decisions.
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3.
The first stage of this process concluded in February 2021 with the passage of the Local
Electoral (Māori Wards and Māori Constituencies) Amendment Act 2021. The poll
provisions have been repealed and a transition period is in place.
4.
Cabinet has agreed that the second stage will improve the mechanism for establishing
Māori wards and constituencies in the future, and that this stage will be completed
within this parliamentary term [CAB-20-MIN-0521.02 refers].
5.
A bid for a second Māori wards Bill was submitted for consideration for the 2021
Legislative Programme with a recommendation that the Bill be introduced no later
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than March 2022 and passed no later than December 2022.
6.
The Bill will be primarily focused on improving Māori ward settings following the initial
changes earlier this year. However, there is also an opportunity to progress other
technical changes that would further improve the Act without impacting on the
passage of this Bill.
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7.
Appendix A outlines some of the choices available for the direction and scope for the
Bill.
the
Simple changes can be made to the Māori wards process in this term of Parliament
8.
To complete this project within the specified timeframe, we propose that the Stage 2
work is focused on generating further consistencies between the separate processes
for Māori wards and general wards.
under
9.
Addressing the current inconsistencies could look like some or all of:
9.1
requiring councils to formally consider Māori wards at least every six years;
9.2
requiring councils to conduct a public engagement process when considering
Māori wards and to consider community feedback in making their decision;
9.3
considering any role for the Local Government Commission;
9.4
considering the status of binding council-initiated polls on general wards;
9.5
setting out a clear process for councils to discontinue Māori wards, if the
‘Released council considers these are no longer desirable.
10.
If you agree with our approach, we will work with local government sector
representatives and iwi/Māori representatives on the design of the aligned processes.
11.
These changes can be in force by the end of 2022 subject to House time availability.
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This Bill could also be an opportunity to deliver additional improvements to the
local electoral system
12.
In November 2020 we advised you that the local electoral regulatory framework is out
of date and falling further and further behind public expectations and the standard set
in general elections [LG202000877 refers]. These concerns are shared by the local
government sector including LGNZ, Taituarā and local authority electoral officers.
13.
Subject to your priorities for the local government work programme, you could
address some of the issues with the current framework alongside work to align Māori
and general ward processes as part of a broader Local Electoral Bill (instead of a
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standalone Māori wards Bill).
These additional amendments are sought by the sector, and could be progressed without
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compromising timeframes
14.
We have identified two optional “add-ons” that could be progressed alongside the
Stage 2 Māori wards work without compromising the existing timeframes. You may
wish to consider one, both, or other options.
15.
Each add-on has been the subject of sector advocacy over the last several years. The
Department has previously undertaken policy work related to these issues and as such
we consider that adding either or both of these options to the Bill will not impede
progress on the changes to the Māori wards process.
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Add-on A: Sector-requested improvements to electoral administration and participation
16.
Sector representatives including Taituarā and local authority electoral officers have
requested successive Governments make minor and technical amendments to the Act
to support electoral administration and participation by:
16.1
making it easier for candidates to stand for election, by clarifying the legal
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status of electronically submitted nominations;
16.2
enabling councils to provide secure telephone voting (which is already available
the
to voters at general elections) as an option to support disabled electors; and
16.3
simplifying post-election administrative processes by enabling the Electoral
Commission to provide electoral officers with supplementary electoral rolls.
17.
We consider that progressing these changes would:
under
17.1
reduce barriers for people to stand for and vote in local elections;
17.2
significantly streamline electoral processes; and
17.3
improve the resilience of the local electoral system including in extraordinary
circumstances or challenging conditions, such as a pandemic.
18.
You may wish to progress these changes alongside the next Māori wards Bill.
19.
For these changes to be made in time for the 2022 local elections, the enactment date
‘Released
of the Bill would need to be brought forward to approximately June 2022 (i.e., before
nominations open for the 2022 local elections). You may prefer for these changes to
apply from the 2025 local elections.
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The Department of Internal Affairs
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Add-on B: Judicial recounts and tied results
20.
You will recall that an application to recount a tied result cannot be lodged until after a
winner has been determined by lot. As a result, some candidates have been sworn in
as elected members on the basis of a coin toss but have been subsequently removed
from their positions following a recount.
21.
You previously indicated your intention to update the process for declaring the
outcomes of elections with tied results. This change is also supported by Taituarā.
22.
In February 2020 the Department prepared advice proposing:
22.1
a mandatory judicial recount for tied results before any coin toss happens; and
22.2
timing adjustments so that the declaration of results is delayed until after the
window for requesting and completing judicial recounts is closed
[LG202000054 refers].
23.
You may wish to progress this change alongside the next Māori wards Bill.
24.
For these changes to be made in time for the 2022 local elections, the enactment date
of the Bill would need to be brought forward to approximately August 2022 at the
latest (i.e., before voting starts at the 2022 local elections). You may prefer for these
changes to apply from the 2025 local elections.
The Inquiry into the Future for Local Government could address more complex
Māori representation issues
25.
There are broader structural challenges with Māori representation in local
government. Some of these were identified in public submissions to the select
committee earlier this year, such as:
25.1
Māori wards cannot be implemented at councils with low Māori electoral
population;
25.2
there is no ability for community boards and local boards to have guaranteed
Māori representation;
25.3
there is no provision for guaranteed representation of mana whenua; and
25.4
councils’ consideration of Māori wards is siloed from other decisions about
representation of communities and roles for Māori in decision-making.
26.
While it may be possible to consider some of these issues within the Stage 2 work, it is
under the Official Information Act 1982’
unlikely they could all be addressed within the time available.
27.
We note that the Inquiry into the Future for Local Government will consider a future-
looking view of representation and governance including recommendations on a local
government system that actively embodies the Treaty partnership through the role
and representation of iwi/Māori in local government. As such, the Inquiry could be a
suitable venue for considering these significant governance issues that are at the heart
of what local government will look like in the future.
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Next steps
28.
You are scheduled to meet with officials on 19 April 2021 to discuss the second Māori
wards Bill. At this meeting we would also like to discuss whether you intend to pursue
additional improvements to the Act alongside improvements to the Māori wards
process, and if so which add-on options you prefer.
29.
A decision on your preferred direction will be required before the Department begins
stakeholder engagement on the Stage 2 work.
Timing of the Bill
30.
Appendix B suggests two indicative timelines for progressing the Stage 2 reforms for
Māori wards.
31.
If the second Māori wards Bill also includes electoral system improvements that will be
made in time for the 2022 local elections, the Bill will need to be enacted sooner (i.e.,
by June 2022).
32.
The Bill can be passed on a slower track (i.e., by November 2022) if these
improvements are only to have effect from the 2025 local elections or are not
advanced at this time.
33.
Subject to your decisions about the scope of the Bill, we will provide you with:
33.1
detailed policy proposals for your preferred approach in early May 2021; and
33.2
a draft Cabinet paper, seeking approval to begin stakeholder engagement on
the Stage 2 proposals for Māori wards, by early June 2021.
under the Official Information Act 1982’
‘Released
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Recommendations
34.
We recommend that you:
a)
note that the second Māori wards Bill is intended to be passed by
December 2022;
b)
agree that this Bill will make simple process changes to improve
Yes/No
the alignment of the Māori wards process to the existing general
wards process;
c)
note that this Bill could provide an opportunity to deliver
additional improvements to the local electoral system, such as:
A.
a package of sector-requested improvements to support
electoral administration and participation,
and/or
B.
technical amendments to update the process for judicial
recounts of tied results; and
d)
note that these changes would not impede the progress of the
reforms to the Māori wards process;
e)
note that there are other, complex issues with Māori
representation at local government and that while some of these
issues could be considered as part of the second Māori wards Bill it
will not possible to address them all in the timeframe available;
f)
note that you are scheduled to discuss the scope of this Bill,
including options for broader work on Māori wards and the
opportunity for additional improvements to the local electoral
system, with officials on 19 April 2022.
under the Official Information Act 1982’
Martyn Pinckard
General Manager, Policy and Operations
Hon Nanaia Mahuta
‘Released
Minister of Local Government
/
/
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Appendix A: Scoping and options
See separate A3.
under the Official Information Act 1982’
‘Released
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The Department of Internal Affairs
Te Tari Taiwhenua
Appendix B: Indicative timeline for future work on Māori wards
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Official
the
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The Department of Internal Affairs
Te Tari Taiwhenua
6.2
the Auckland Council changes require amendments to the Local Government
(Auckland Council) Act 2010.
7.
Because the policy proposals require amendments to more than one Act, the Bill will
be an omnibus bill.
8.
Under standing orders, omnibus bills need to “deal with an interrelated topic that can
be regarded as implementing a single broad policy.” The proposed Bill will therefore
need to be tightly focused to ensure that it remains within standing orders.
Limiting the Bill to issues of representation and participation would fit with all your current
intended amendments
9.
We see the Bill as being one which “improves the processes by which individuals and
communities are represented through, and can participate in, local government
elections.” Broadening the scope of the Bill beyond this is possible but it would be
challenging to make more significant changes to the LEA given the current indicative
timelines for the Bill.
10.
The current list of electoral issues that are proposed to be added to the second Māori
wards Bill are mostly technical changes where the policy work is reasonably well
advanced and which will make a significant impact over time to the ability of people to
be represented through and participate in local government elections. This includes
the Auckland Council changes.
11.
Any further additions should fit the scope of the Bill and also its timelines. The timing
for the Bill is driven by the need to complete the Māori ward reforms by the end of
2022 so that the new process for councils to consider Māori wards is in place for
decisions to be taken in 2023.
9(2)(f)(iv)
12.
9(2)(f)(iv)
under the Official Information Act 1982’
‘Released
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Te Tari Taiwhenua
9(2)(f)(iv)
9(2)(f)(iv)
under the Official Information Act 1982’
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The Department of Internal Affairs
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Consultation and engagement
Proposed engagement approach for Māori wards and constituencies changes
25.
The Government has committed to engaging with local government and iwi Māori on
the development of the second stage of changes for Māori wards.
26.
Our preferred engagement approach is to release a public discussion document and
invite local government representatives, iwi, cross-regional Māori organisations and
other interested organisations (as identified through submissions to the Māori Affairs
Committee in February) to regional hui. We seek your agreement to this approach.
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27.
We propose that the discussion document focuses on the six key differences between
the Māori wards and general wards process. These are:
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27.1
Requirement to consider ward systems;
27.2
Timing of decisions;
27.3
Opportunities for public input;
27.4
Decision-making rights and role for Local Government Commission;
27.5
Discontinuance process and period in force; and
27.6
Types of polls.
28.
We have identified several options for addressing the key differences. Rather than
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focusing on which options people prefer, the discussion document will describe the
separate processes and use question prompts to seek views on how these could be
brought together. A preliminary options analysis will be made available in the
Department’s regulatory impact assessment which will be made available alongside
the discussion document.
29.
Key messages for public consultation are attached as
Appendix B.
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30.
We intend for the discussion document to be made accessible for blind or low vision
readers and translated into te reo Māori.
the
31.
We have discussed the proposed approach with representatives from Taituarā and Te
Maruata to seek their feedback and to support the design of consultation procedures.
Timing and connection with other engagement activities
under
32.
Subject to Cabinet agreement, we propose that the Māori wards engagement should
last for up to 8 weeks and take place in July and August 2021.
33.
We are aware of several related Government projects that will be engaging with iwi
Māori and/or local government over the same period, including:
33.1
Three Waters reform;
33.2
the Future for Local Government Review;
33.3
Resource Management reform; and
‘Released
33.4
work led by the Ministry of Justice on potential changes to the parliamentary
term and Māori electoral option (subject to confirmation by Cabinet).
34.
We will look to consolidate engagement opportunities where the Department, other
agencies (if applicable) and stakeholders agree this is appropriate.
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Act
Information
Official
the
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The Department of Internal Affairs
Te Tari Taiwhenua
Recommendations
42.
We recommend that you:
a)
note that the local electoral framework improvements you are
progressing need to be progressed through an omnibus Bill;
b)
agree that the purpose of the proposed omnibus Bill will be “to
Yes/No
improve the processes by which individuals and communities are
represented through, and can participate in, local government
elections”;
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c)
agree that changes to the electoral donations provisions of the
Yes/No
Local Electoral Act 2001 should be progressed after equivalent
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changes to the Electoral Act 1993;
d)
agree that the Department will prepare a draft Cabinet paper and
Yes/No
draft discussion document for public consultation on the Stage 2
Māori ward changes;
e)
agree that this Cabinet paper will also outline your upcoming
Yes/No
work to improve the local electoral framework including the other
issues to be included in the omnibus Bill and your intention to
begin work to update the electoral donations provisions later this
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parliamentary term; and
f)
advise the Department of your preferred option for Cabinet
committee consideration:
i.
DEV 23 June 2021 and CAB 28 June 2021; or
Yes/No
Official
ii.
MCR 29 June 2021 and CAB 5 July 2021
Yes/No
the
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Fergus Broom
Policy Manager
Hon Nanaia Mahuta
‘Released
Minister of Local Government
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/
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