Creating Treaty-based local governance in New Zealand: Māori and Pākehā views

Abstract

This article explores the need for Treaty-based local governance, raised to national prominence by the 2014 outrage against New Plymouth Mayor Andrew Judd, who advocated a Māori ward for 2016. The Treaty of Waitangi influenced the creation of Māori seats in Parliament in the nineteenth century, and a provision for Māori seats in local councils in 2001. There has been limited uptake of the latter and Māori remain significantly underrepresented. Innovations in governing arrangements have allowed non-elected Māori to take up advisory roles and, in some cases, decision-making roles. We argue that these do not ensure fair and effective Māori representation. Ad hoc and unpredictable structures have failed to deliver fair and effective representation to all New Zealanders. There is a pressing need for a New Zealand constitutional debatea conversation among Māori and non-Māorito devise a governance model that addresses the Treaty of Waitangi as New Zealand's founding document.

Rural change and tourism in remote regions: Developments and Indigenous endeavour in Westland, Te Tai o Poutini, Aotearoa New Zealand

“…Simmonds, Kukutai, and Ryks () observe that there is a lack of willingness on the part of local authorities to promote forms of Māori representation internally on boards and other decision‐making forums. Webster and Cheyne () found that effective inclusion of Pākehā and Māori in governance arrangements at the local level is a significant requirement as part of the principles of the Treaty of Waitangi. However, Key Informant 7 noted that in the absence of fair and effective representation, attention needs to be given to how local authorities carry out their statutory responsibilities to foster Māori contribution to decision‐making.…”

“…Embracing mana whenua concepts can help build resilient, sustainable regional development pathways that are also inclusive. To exemplify the potential of such pathways, Webster and Cheyne () presented two case studies that illustrate how a meaningful partnership arrangement between local Māori and local governments is a possible outcome in Aotearoa New Zealand and should be sought across rural areas to ensure Indigenous groups are not marginalised in these remote locations.…”

“…While there have been steps taken to improve Māori representation in local government through the Local Electoral Act 2001, there has been minimal use of this provision (Bargh, ; Webster & Cheyne, ). Our key informants noted that Māori groups in Westland are treated more as stakeholder than partner which needs to change if any meaningful cultural development is to occur.…”

Did New Zealand’s new alcohol legislation achieve its object of facilitating public input? Qualitative study of Māori communities

“…In interviews of Māori and Pākehā leaders from a range of political spheres, Webster and Cheyne reveal a disjunction between Treaty considerations that increasingly inform national policy and governance, and how TAs interact with citizens . They highlight confusion in the interpretation of the Local Government Act 2002, leading some to think that local government does not share the Crown’s Treaty obligations.…”

Trans-Tasman Cumulative Effects Management: A Comparative Study

“…According to the Treaty and contemporary resource management regulations, tangata whenua (local Indigenous people) have the right to exercise kaitiakitanga (Māori stewardship according to their own aspirations and practices). Māori, therefore, have the right to be included in planning and decision making for natural resources through co-management and co-governance arrangements Lundquist et al, 2016;Webster and Cheyne, 2017), though statutory requirements vary substantially from consultation to co-governance across different legislative Acts and institutional practices (Joseph et al, 2018). Māori rights under the Treaty extend to the right to redress for Crown breaches of the Treaty .…”