Appendix A
Document 1
From:
Councillor Ray Chung
To:
Hon Simeon Brown
Subject:
2001 Local Government Election Act
Date:
Monday, 8 April 2024 1:13:07 pm
Dear Simeon
How are you?
I’d like to ask you f you’re going to rescind the exemption given by previous Minister Mahuta to
Maori wards saying they have an exemption from complying with the requirement to comply with
this section of the ACT:
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Home | Policy | Local Government Legislation | Local Electoral Act 2001
Local Electoral Act 2001
Act
The Local Electoral Act 2001 (LEA) sets out the rights of local voters, procedures
for the conduct of local electors and options for local electoral systems.
·
Purpose and Principles of Local Electoral Act 2001 (LEA)
·
Choice of Electoral System
·
Representation Arrangements
Information
·
Choice of Voting Method
Purpose and Principles of Local Electoral Act
2001 (LEA)
Reflecting the desire for local discretion where appropriate, the purpose of the
Official
LEA (section 3) includes to -
·
allow diversity (through local decision-making) in relation to –
the
·
the particular electoral system to be used for local elections and polls; and
·
the regular review of representation arrangements for councils; and
·
the particular voting method to be used for local elections and polls; and
·
implement the principles set out (in the Act).
The principles of the LEA (section 4) are:
·
fair and effective representation for individuals and communities:
Under
·
all qualified persons have a reasonable and equal opportunity to
·
cast an informed vote:
·
nominate 1 or more candidates:
·
accept nomination as a candidate:
·
public confidence in, and public understanding of, local electoral processes through –
·
the provision of a regular election cycle:
·
the provision of elections that are managed independently from the elected body:
·
protection of the freedom of choice of voters and the secrecy of the vote:
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the provision of transparent electoral systems and voting methods and the adoption of
procedures that produce certainty in electoral outcomes:
·
the provision of impartial mechanisms for resolving disputed elections and polls.”
Choice of Electoral System
The LEA provides a choice of electoral system for the conduct of local elections
and polls. Councils and their communities have the choice of either using the First
Past the Post (FPP) electoral system or the Single-Transferable Vote (STV) system. For the
purposes of the LEA, councils include councils, licensing trusts and district health
boards (DHBs).
District health board elections, which are required to be conducted in association
with local authority elections, are required by the New Zealand Public Health and
Disability Act 2000 to be conducted using STV.
The process for councils (ie councils and licensing trusts) to change electoral
system is either as a result of a resolution (which is subject to the right for 5% of
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electors to demand a poll to countermand that resolution) or a poll (either
demanded by 5% of electors or as a result of a resolution).
Act
If there is a change in electoral system as a result of a poll, or a poll rejects a
change, that decision will apply for a minimum of two triennial general elections
and will continue until a further council resolution or a poll demand. If there is a
change as a result of a resolution, that decision will apply for the next triennial
general election and continues in effect until a further resolution or poll.
The number of councils that have adopted STV historically are as follows:
· In 2004, 10 councils
· In 2007, 8 councils
· In 2010, 6 councils
Information
The system of STV to be used is based on Meek’s method of counting votes. This
identifies a “keep value” for all votes for each candidate who achieves the quota
of votes required to be elected. The remainder is transferred to the voter’s
second and subsequent preferences. This method of transferring votes
(subsequently developed as Algorithm 123) avoids the arbitrary nature of
transferring whole votes, once the quota has been achieved, associated with
Official
traditional methods of STV. It does, however, require a computer program for the
counting of votes. This has been developed by the Department of Internal Affairs
and is licensed free of charge to councils.
the
Representation Arrangements
The provisions for representation arrangements include the option for councils
and their communities to decide to introduce designated Māori representation by
Under
establishing Māori wards or constituencies. The process for establishing and
retaining Māori wards/constituencies mirrors that for changing the electoral
system. It is also based on the precedent set by the Bay of Plenty Regional
Council, which promoted its own local legislation requiring designated Māori
representation for that region given the low Māori representation on the council
in relation to the Māori population.
The reviewed legislation requires councils to conduct representation reviews (of
membership and basis of election) at least every 6 years. These reviews are
undertaken once decisions have been made on the electoral system and any
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decision on designated Māori representation. As part of this review –
· Territorial authorities decide whether the basis of election will be wards, at large, or a combination of
both (constituencies are mandatory for regional councils).
· Territorial authorities and regional councils decide the number of wards/constituencies and members
to ensure fair and effective representation within legislative limits ( between 6 and 30 members for
territorial authorities, and 6 and 14 members for regional councils).
· Territorial authorities consider whether there should be separately elected
community boards in their
district and, if so, the number, location and size.
Once councils have completed their initial review they are required to consult
their communities on their proposals and to invite submissions. Following
consideration of submissions and determination of a final proposal, there is a
right of appeal or objection (on amended proposals) to the Local Government
Commission which will then make a final determination.
In carrying out their review, councils are required to ensure, in accordance with
the principle of fair and effective representation, that their proposals will –
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· In relation to wards/constituencies, provide effective representation of communities of interest in the
district/region.
·
Act
In relation to the number of members, provide fair representation having regard to the population of
the district/region as a whole and of every ward/constituency (for this purpose, the ratio of
population of each ward/ constituency to members, is generally to be not greater or less than
+/-10% of the ratio of population of the whole district/region to the total number of members).
I consider this exemption to be undemocratic and all representatives should respect and abide by
the same laws in New Zealand. It was this exemption that permitted Wellington City Council to
have a Maori Ward because the Maori Electoral Roll only had 7,700 votes whereas the average
number of voters in all other Wellington Wards was just under 15,000.
Cheers, Ray
Rayward R Chung
Information
Wellington City Councillor
Onslow Western ward
Wellington City Council
M +64 21 194 1463
E [email address]
W wellington.govt.nz
Official
the
Under
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Document 2
From:
Councillor Ray Chung
To:
Simeon Brown
Subject:
LTP amendments for reducing staff
Date:
28 May 2024 18:26:50
Attachments:
image001.jpg
Hi Simeon
I was just told today by council officers when I wanted to move an amendment to freeze
recruiting more staff with a possible sinking lid that we can’t do this because of the Local
Government Act and that any authority to do this has to come from central government?
This is very hard to believe? We’re continuing to employ more and more staff despite reaching
record expenditure and debt! Is this correct as why aren’t we cutting back on staffing levels that
have grown 27% in the past four years!
Cheers, Ray
Rayward R Chung
Wellington City Councillor
Onslow Western ward
Wellington City Council
M +64 21 194 1463
E [email address]
W wellington.govt.nz
under the Official Information Act 1982
Released
From:
Sophie Farrell
To:
ray chung@wcc govt nz
Subject:
MoLG to Councillor Ray Chung
Attachments:
image001.png
Ministerial response to Councillor Ray Chung.pdf
Dear Ray,
Please find attached recent correspondence from Hon Simeon Brown
Kind regards,
Office of Hon Simeon Brown
Minister of Transport, Minister of Local Government, Minister for Energy, Minster for Auckland
Email: [Simeon Brown request email] Website: www.Beehive,govt.nz
Private Bag 18041, Parliament Buildings, Wellington 6160, New Zealand
Disclaimer: The information in this email (including attachments) is confidential and may be legally privileged. If an addressing or transmission error has misdirected this
email, please notify the author by replying to this email and destroy the message. If you are not the intended recipient, any use, disclosure, copying or distribution is
prohibited and may be unlawful.
Please note information about meetings related to the Ministers’ portfolios will be proactively released (this does not include personal or constituency matters). For each
meeting in scope, the summary would list: date, time (start and finish), brief description, location, who the meeting was with, and the portfolio. If you attend a meeting with the
Minister on behalf of an organisation, the name of the organisation will be released. If you are a senior staff member at an organisation, or meet with the Minister in your
personal capacity, your name may also be released. The location of the meeting will be released, unless it is a private residence. The proactive release will be consistent with
the provisions in the Official Information Act, including privacy considerations. Under the Privacy Act 1993 you have the right to ask for a copy of any personal information we
hold about you, and to ask for it to be corrected if you think it is wrong. If you’d like to ask for a copy of your information, or to have it corrected, or are concerned about the
release of your information in the meeting disclosure, please contact the sender. You can read more about the proactive release policy at https://www.dia.govt.nz/Proactive
Releases#MS
From: Councillor Ray Chung <ray chung@wcc govt nz>
Sent: Tuesday, May 28, 2024 10:17 AM
To: Simeon Brown (MIN) <S Brown@ministers govt nz>
Subject: RE: MoLG to Councillor Ray Chung
Hi Sophie
Many thanks for this and to Simeon Brown for his comprehensive reply
I understand his comments on the +/-10% rule and acknowledge that this will not be covered in this upcoming bill, that I absolutely support Are there any future plans to
address this inequity between the qualifying ward numbers between general wards and the Maori ward? The same with the inequity of having unelected members being
afforded voting rights on council?
Many thanks
Cheers, Ray
From: Sophie Farrell <Sophie Farrell@parliament govt nz>
On Behalf Of Simeon Brown (MIN)
Sent: Wednesday, May 22, 2024 2:52 PM
To: Councillor Ray Chung <ray chung@wcc govt nz>
Subject: MoLG to Councillor Ray Chung
Dear Ray,
Please find attached recent correspondence from Hon Simeon Brown
Kind regards,
Office of Hon Simeon Brown
Minister of Transport, Minister of Local Government, Minister for Energy, Minster for Auckland
Email: [Simeon Brown request email] Website: www.Beehive,govt.nz
Private Bag 18041, Parliament Buildings, Wellington 6160, New Zealand
Disclaimer: The information in this email (including attachments) is confidential and may be legally privileged. If an addressing or transmission error has misdirected this
email, please notify the author by replying to this email and destroy the message. If you are not the intended recipient, any use, disclosure, copying or distribution is
prohibited and may be unlawful.
Please note information about meetings related to the Ministers’ portfolios will be proactively released (this does not include personal or constituency matters). For each
meeting in scope, the summary would list: date, time (start and finish), brief description, location, who the meeting was with, and the portfolio. If you attend a meeting with the
Minister on behalf of an organisation, the name of the organisation will be released. If you are a senior staff member at an organisation, or meet with the Minister in your
personal capacity, your name may also be released. The location of the meeting will be released, unless it is a private residence. The proactive release will be consistent with
the provisions in the Official Information Act, including privacy considerations. Under the Privacy Act 1993 you have the right to ask for a copy of any personal information we
hold about you, and to ask for it to be corrected if you think it is wrong. If you’d like to ask for a copy of your information, or to have it corrected, or are concerned about the
release of your information in the meeting disclosure, please contact the sender. You can read more about the proactive release policy at https://www.dia.govt.nz/Proactive
Releases#MS
nder the Official Information Act 1982
Under the Official Information Act 1982
u
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Document 2A
nder the Official Information Act 1982
Under the Official Information Act 1982
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Document 3
From:
Councillor Ray Chung
To:
Hon Simeon Brown
Subject:
Wellington
Date:
Thursday, 17 October 2024 7:54:29 am
Hi Simeon
Just wanted to throw in my opinion on the issues that Wellington is facing now and through a
plethora of media items, I appreciate that you’re receiving a lot of advice from staff on your
options under the Local Government Act.
I’m very strong on having a democratic system for Wellington so would much prefer to have an
early election rather than have a commissioner for the city. I’ve looked at the example of
Tauranga with Anne Tolley as commissioner there and there are still wide-ranging viewpoints from
residents there on how effective it was.
Best regards
Ray
Rayward R Chung
Wellington City Councillor
Onslow Western ward
Wellington City Council
M +64 21 194 1463
E [email address]
W wellington.govt.nz
Under the Official Information Act 1982
Released
Document Outline
