Nelson, Tasman councils vote to retain Māori wards

Councils in Nelson and Tasman have agreed to retain their Māori wards, with Nelson seeking advice on whether it can consider refusing to hold a referendum at the next local election.

Nelson City Council introduced a Māori ward for the first time in the last local government elections, while the Tasman District Council voted in 2023 to establish a Māori ward at the next election in 2025.

A law change by the coalition government requires councils who brought in Māori wards without polling residents to hold one - or scrap the wards they had set up.

As neither council held a referendum when voting to introduce a Māori ward, they will now have to hold binding polls alongside the 2025 local body elections, which will take effect from the 2028 local government term.

In Tasman, the first Māori ward councillor will be elected at the same time a referendum is held to decide on the ward's future.

Emotion in Whakatū/Nelson as Māori ward retained

The Nelson City Council chamber was full on Thursday, with members of the public packed into an adjacent room to watch elected members vote unanimously to retain its Māori ward.

The meeting was well-attended by members of the Whakatū/Nelson Māori community, along with former mayors Rachel Reese and Paul Matheson and former deputy mayor Judene Edgar.

Waitata rung out across the building once it became clear there was overwhelming support to retain the ward.

But after nearly three hours of questions and debate, elected members were divided on whether they should push back on holding a referendum at the next election, asking the chief executive to report back on the implications of refusing to do so.

Nelson's first Māori ward councillor, Kahu PakiPaki, stepped into the role two years ago and said in that time, it had proven how Māori could become involved in local government.

"Historically our political participation has been disproportionately low due to a sense of disconnection and disenfranchisement and let's be honest here whānau, the system we have had for the last 150 years has not worked for Māori."

He said the Waitangi Tribunal's urgent inquiry into Māori Wards and constituencies highlighted the importance of reaffirming wards, stating the provisions to hold a polls were inequitable, discriminatory and a barrier for Māori representation in local government.

PakiPaki has spoken before about not wanting to stand for council, but doing so after being put forward by his community. He became emotional when talking about being faced with the decision to disregard the obligations set forth in Te Tiriti.

"It's caused great harm to the tenuous relationship between local government and iwi and the wider Māori community, it is a sad day for our country."

Many elected members expressed frustration that councils were being asked to make decisions with which they did not agree.

Deputy mayor Rohan O'Neill-Stevens said he had a sense of déjà vu, given it was less than two years ago that the council voted to establish a Māori ward.

"We can be a nation that recognises the mana whenua of this land, that gives due respect and also hands over due power where it is needed, because it is needed. We do not make good decisions when we leave people out of the conversation."

Councillor Mel Courtney said the issue had become a political football, a distraction tool intended to divide communities, and the council had been better off since establishing a Māori ward.

"We are told this change is about democracy ... but this proposal has not come from the Nelson community, our community believes in higher ideals."

Councillor Rachel Sanson said in the council's 150-year history, there had only been one Māori councillor elected before the current term and it had "everything to lose" by dismantling the progress that had been made.

Councillor Matty Anderson said the decision was "yuck" and there were many frustrated and scared people in the community.

"I wonder how do we awhi (embrace) them and get them on the waka because they are the ones that are gonna tear this down."

Councillor Pete Rainey said the tripling of Māori wards since 2021, with all but two councils voting to retain them following the recent law change, showed clear support for their retention.

"Now we have a situation with Māori wards well-embedded in communities up and down this country being bluntly dismantled by a divisive bit of legislation that has been promoted and forced on us by a coalition partner representing an extreme and small minority view in Aotearoa."

He put forward an amendment asking that the chief executive report back on the implications of not doing a referendum to show that the council was not happy about being forced to hold a referendum.

That amendment was passed, seven to five in favour, with those who opposed it, including mayor Nick Smith, concerned about the implications of not following the law.

Smith said the debate highlighted a "difficult clash of values" but said he fundamentally believed the electoral system belonged to the people, not elected members, so any change to the wards needed to rest with the people of Nelson.

Council staff advised that the referendum, which will be held at the next election in 2025, is expected to cost about $60,000.

In Tasman, council reaffirms previous decision to establish a Māori ward

Last September, Tasman District Council's elected members unanimously voted to establish a Māori ward at its next election in 2025.

But on Thursday, when faced with whether to reaffirm that decision at a special meeting, the vote was split - councillors agreeing 9 to 3 to retain the ward.

Several iwi members spoke ahead of the council's decision. Ngāti Kuia pouwhakahaere (chief executive) Eugene Whakahoehoe said it was disappointing to see the council forced to make an unpleasant decision, a backwards step after the progress made in recent years.

Ngāti Rārua pouwhakahaere Shane Graham said the rūnanga was supportive of retaining a Māori ward, but not a referendum, as it placed the rights of the minority at the mercy of the majority.

"The position we have is more about ensuring the representation of Māori voices in local government...and honouring democracy, equity and justice, where the tyranny of the majority essentially means the two wolves and the sheep decide who's for dinner, who wins?"

He said the often referenced notion that New Zealanders were "one people" did not reflect the country's law and constitution which recognised differences between Māori and non-Māori.

"Māori wards are not a threat to democracy as we have heard, they are for fulfilment of it."

Councillor Mike Kininmonth, who voted against the ward, questioned what its benefit was when there were already a number of iwi representatives involved with council.

He said he had overwhelming feedback from ratepayers in Motueka, Māpua and Brightwater that they did not want a Māori ward.

"I don't see how it will provide any more benefits to better decision-making for the whole of our community."

Councillor Celia Butler said the decision was about honouring the Treaty of Waitangi and she had no reason to change her previous vote.

"You only need to open the door on New Zealand's colonial history to see it is a redress, maybe its not perfect, but it is a redress to that profoundly undemocratic history.

Tasman mayor Tim King said the decision was a small part of a much larger debate, with the the year ahead likely to be challenging and divisive.

"It's actually very bloody simple, sometimes you just give someone else an opportunity, make them feel valued and actually, everyone is going to benefit."

The cost of holding the referendum in Tasman was now expected to cost between $35,000-$55,000. Even if the results did not support a Māori ward into the future, one would still be formed in 2025.