The Department of Internal Affairs

localcouncils.govt.nz

ngā kaunihera-a-rohe

Local Government in New Zealand - Local Councils

 

Māori participation in local government

The Local Government Act 2002 recognises and respects the Crown's obligations under the Treaty of Waitangi by placing some specific obligations on councils.

In addition to opportunities for Māori participation via Māori wards and constituencies, the Local Government Act 2002 requires all councils to –

  • Establish and maintain opportunities for Māori to contribute to decision-making processes.
  • Ensure processes are in place for consulting with Māori.
  • Consider ways to foster Māori contribution to decision-making processes.
  • Provide relevant information to Māori.

When a council is making an important decision involving land or a body of water, it must take into account the relationship of Māori and their culture and traditions with their ancestral land, water, sites, waahi tapu, valued flora and fauna, and other taonga (this is similar to existing requirements on councils when taking decisions under the Resource Management Act 1991).

These provisions apply to all Māori in the city, district, or region, acknowledging Māori other than mana whenua are resident in the area.

These requirements under the Local Government Act 2002 apply to the general activities and decisions of councils; they do not over-ride the requirements on councils specified under other statutes. The Resource Management Act 1991, the Historic Places Act 1993 and the Biosecurity Act 1993, for example, each have their own requirements for councils to consult with Māori.

Councils must also state in each annual report what they have done to involve Māori in council processes.

Consultation with Māori has been increasing. In July 2004, Local Authority Engagement with Māori (a survey released by Local Government New Zealand, The Department of Internal Affairs and Te Puni Kōkiri) showed that between 1997 and 2004 –

  • Councils with formal consultation processes with Māori increased from 16 (from 64 councils responding) in 1997 to 69 from all councils (80%) in 2004.
  • Councils with informal consultation and information sharing arrangements with Māori increased from 11 (from 64 councils responding) in 1997 to 79 from all councils (92%) in 2004.