General policy statement
Under the Environment Canterbury (Transitional Governance Arrangements) Act 2016, Canterbury Regional Council (trading as Environment Canterbury) has included 2 members appointed by Ministers on the recommendation of Te Rūnanga o Ngāi Tahu (TRoNT).
That Act is repealed in 2019, and does not affect the 2019 local election which will be conducted under the usual rules applying to the Council.
As a result of the representation review that the Council has conducted, it will have 14 elected members after the 2019 election. This is subject to a determination by the Local Government Commission.
The Council recognises the valuable contribution made by the Ngāi Tahu members to the Council’s governance and operations, and wishes to maintain direct Ngāi Tahu representation at Council level.
Support for and opposition to that proposition was expressed in responses to the representation review. The issue was not directly part of that review, which had to be conducted under the requirements of the Local Electoral Act 2001 and so, related only to elected members.
Options considered
The Council has considered the following other options:
Dividing the region into Maori constituencies for electoral purposes, as contemplated by sections 19Z to 19ZH of the Local Electoral Act 2001. There are no logical boundaries for Maori constituencies in the region, and election on a constituency basis may not result in appropriate recognition of mana whenua. It would enfranchise all Māori on the Māori electoral roll, and disenfranchise Ngāi Tahu members on the general electoral roll. The Council has previously resolved not to have Māori constituencies; and it is too late for Māori in the region to elect to be on or off the Māori electoral roll. That option does not arise again until 2024.
Do nothing. That is of course possible, and will be the outcome if this Bill is not passed. However, it would deprive mana whenua of a voice at the Council table, and deprive the Council of that direct input at the highest level.
The Council has considered options adopted elsewhere, including the Bay of Plenty Regional Council Maori constituencies and Hawke’s Bay Regional Planning Committee legislation as well as initiatives at Rotorua Lakes District Council and failed initiatives at New Plymouth District Council.
The Council has only one iwi with mana whenua throughout its region.
For that reason, the Council prefers direct appointment by Te Rūnanga o Ngāi Tahu as a reflection of Ngāi Tahu as manawhenua.
In considering the appointment process the Council considered, and rejected, the following options:
appointment by Ministers on the recommendation of TRoNT. That was rejected because, apart from the exceptional circumstances of the current transitional Act, it is not appropriate that Ministers make appointments to local authority governance bodies:
election of members by members of Ngāi Tahu. That presents various difficulties in identifying eligible electors and compiling rolls, and consistency with Ngāi Tahu tikanga.
General effect of the Bill
The Bill will empower TRoNT to appoint up to 2 members to the Council after the 2019 local elections.
Those members will be additional to the elected members, so the maximum number of councillors will be 16. The Local Government Commission is currently considering the number of elected members in its role under section 19R of the Local Electoral Act 2001. That process is not affected by this Bill.