Supplementary Order Paper No 8

No 8

House of Representatives

Supplementary Order Paper

Tuesday, 23 February 2021

Local Electoral (Māori Wards and Māori Constituencies) Amendment Bill

Proposed amendment

Christopher Luxon, in Committee, to move the following amendment:

New clause 7A

After clause 7 (page 2, after line 34), insert:

7A New sections 19ZGA and 19ZGB inserted

Before section 19ZH, insert:

19ZGA Public notice of proposals to establish Māori wards or Māori constituencies

(1)

A territorial authority or regional council that makes a resolution under section 19Z must within 14 days give public notice of the resolution.

(2)

The public notice must—

(a)

include—

(i)

the details of the proposal for establishment of the Māori ward or wards or Māori constituency or constituencies; and

(ii)

a description of any relevant boundary; and

(iii)

a statement about how persons interested in the proposals may inspect the full proposals; and

(b)

specify a date on or before which any person or organisation may lodge a written appeal against the decision of the territorial authority or regional council.

(3)

The date specified in subsection (2)(b)

(a)

must not be earlier than 1 month after the date of the first or only publication of the public notice; and

(b)

must not, in a year immediately before the year of a triennial general election, be later than 20 December.

19ZGB Appeal to the Local Government Commission

(1)

Any person or organisation may lodge a written appeal against the decision of the territorial authority or regional council at the principal office of the territorial authority or regional council on or before the date specified in the public notice of that decision.

(2)

If the territorial authority or regional council receives any appeal under subsection (1), the territorial authority or regional council must, as soon as practicable, but, in the year of a triennial general election, in no case later than 15 January, forward to the Commission the resolution to create separate Māori wards or Māori constituencies, and any information relevant to the council’s resolution.

(3)

The Commission must—

(a)

consider the resolutions, any submissions received, and any information forwarded under subsection (3); and

(b)

determine,—

(i)

in the case of a territorial authority that has made a resolution under section 19Z(1), the matters specified in that subsection:

(ii)

in the case of a regional council that has made a resolution under section 19Z(2), the matters specified in that subsection; and

(c)

before 11 April in the year of a triennial general election, complete the duties it is required to carry out under this subsection.

(4)

Notice in writing of every determination made under subsection (3)(b), setting out the reasons for the determination, must be given by the Commission to the territorial authority or regional council concerned, and by public notice.

(5)

As soon as practicable after the publication of a public notice under subsection (4), the Commission must send a copy of that notice to—

(a)

the Surveyor-General; and

(b)

the Government Statistician; and

(c)

the Remuneration Authority; and

(d)

the Secretary for Local Government.

(6)

Subject to Part 2AA of the Local Government Act 1974 or Schedule 5 of the Local Government Act 2002, the determination of the Commission made under subsection (3)(b) is final and comes into force for the next triennial general election, and continues in effect until a subsequent determination under this Part comes into effect.

Explanatory note

This Supplementary Order Paper amends the Local Electoral (Māori Wards and Māori Constituencies) Amendment Bill. It provides an opportunity for any person or organisation to appeal any resolution to establish Māori wards or Māori constituencies to the Local Government Commission, in a similar way to general wards. This gives effect to the policy intention of the Bill to align the treatment of Māori wards and Māori constituencies with general wards and general constituencies.