A proposed law to introduce Māori seats to the Rotorua District Council may have to go back to square one but is salvageable, Minister of Māori Development Willie Jackson says.
Willie Jackson. Photo: RNZ / Cole Eastham-Farrelly
The bill has passed its first reading in parliament, but the government is to consider a report from the attorney-general saying the bill in its current form is discriminatory.
He has said it could allow disproportionately high representation for Māori that cannot be justified, and it could breach the Bill of Rights.
The Rotorua District Council Representation Arrangements Bill would allow for three general seats, three Māori seats plus four at large seats.
Rotorua mayor Steve Chadwick is standing by the bill.
But Jackson told Midday Report the concerns raised by the Attorney General were valid, and said it could not go through in its current form, however, they were determined to get it right and he was prepared to go back to square one with the council.
"We've got to get this right going forward, so if it's back to square one ... that doesn't mean it's the end of it, it means there's got to be a bit of work in terms of drafting it" - Minister of Māori Development Willie Jackson
Getting the bill through its first reading and toward the select committee process was part of the process toward getting it right, he said.
"But our attorney-general has found some gaps in the way it's been drafted ... he's found some technical problems with this bill ... these are experts who we consider know this area well, and we're a government who are committed to more Māori representation, but we want to get it right, and we want the community and the public to come with us on this.
"We've got to get this right going forward, so if it's back to square one ... that doesn't mean it's the end of it, it means there's got to be a bit of work in terms of drafting it."
Jackson commended Chadwick's aims and said working toward meaningful fair co-governance was controversial but important.
"I understand our people's drive and our passion, and here we've got a Pākehā mayor who recognises that the Māori view has been invisible in Rotorua, so I commend her and the people down there.
"What I'm worried about is the amount of misinformation that is going out from David Seymour and the Act Party, and this horror that we would dare to bring co-governance arrangements into the modern context ... we're talking about shared control decision-making, accountability."
Issues with bill could stem from lack of resources, legal expert says
Māori legal expert Carwyn Jones said such issues could have been avoided with better information and justification.
But he said it was important to be clear about the attorney-general's findings and the context.
"It's not saying that the creation of a Māori ward per se would be an infringement of the rights under the Bill of Rights Act - in fact it acknowledges that's an important issue that needs to be addressed.
"But the other aspect of the justification is that you need to show that it's a proportionate response, that it's addressing the particular concerns.
"I think that's partly to do with the fact that because this is a local bill, you haven't had the same policy input from a government department who would be addressing those questions."
Victoria University legal expert Carwyn Jones. Photo: Chevron Hassett/The Wireless
As co-governance was considered throughout the country, not all councils would have the resources or legal advice to properly implement such reforms without similar issues arising, he said.
He thought stepping back had some merit.
"Actually I think the key question is how do you build appropriate relationships in local government? To some extent I think the discussion around seat numbers is a little bit of a distraction, although it is important."