Agenda of Extraordinary Council Meeting

Extraordinary Council Meeting Agenda

6 August 2024

7 Pūrongo | Reports

7.1 Consideration to affirm or rescind decision to establish Māori Ward

Kaituhi | Author: Steffi Haefeli, Manager Governance

Kaiwhakamana | Authoriser: Mark de Haast, Group Manager Corporate Services

Te pūtake | Purpose

1 This report asks the Council to consider its options to either affirm or rescind its decision to establish a Māori ward which it resolved on 14 November 2023.

2 As a result of the Local Government (Electoral Legislation and Māori Wards and Māori Constituencies) Amendment Bill (the ‘Bill’) receiving royal assent on 30 July 2024, councils that have decided to establish Māori ward(s) or constituencies without a referendum (‘poll’) are now required to conduct a poll at the next local body elections in 2025. In addition, these councils are now also required to formally affirm or rescind their decision to establish a Māori ward.

He whakarāpopoto | EXecutive summary

3 An executive summary is not required for this report.

Te tuku haepapa | Delegation

4 The Council has the authority to resolve to affirm or rescind its decision to establish a Māori ward under the amended Local Electoral Act 2001, the provisions of the Local Government (Electoral Legislation and Māori Wards and Māori Constituencies) Amendment Act (attached in Appendix 1) and section A.2 of the Council’s Governance Structures and Delegation 2022 – 2025 document.

Taunakitanga | RECOMMENDATIONS

A. That the Council resolves to affirm its decision from 14 November 2023 to establish a Māori ward for electoral purposes under the Local Electoral Act 2001 ahead of the 2025 local body elections and therefore decides to continue with the current representation review process underway. As a result of this decision, the Council will be required to hold a poll at the 2025 local body elections to determine whether the Māori ward will remain in place or be disestablished ahead of the 2028 local body elections.

B. That the Council resolves to rescind, under clause 29 of the Local Government (Electoral Legislation and Māori Wards and Māori Constituencies) Amendment Act, its decision from 14 November 2023 to establish a Māori ward for electoral purposes under the Local Electoral Act 2001 ahead of the 2025 local body elections and therefore decides to cease the current representation review underway,

AND

B.1 That the Council resolves, under clause 33 (4) of the Local Government (Electoral Legislation and Māori Wards and Māori Constituencies) Amendment Act, to continue to use the existing representation arrangements set by the Local Government Commission determination in April 2022 (attached in Appendix 2) for electoral purposes. This decision will be publicly notified in accordance with clause 27 of the same Bill.

B.2 That the Council resolves, under clause 33 (2) and (3) of the Local Government (Electoral Legislation and Māori Wards and Māori Constituencies) Amendment Act, to complete a shortened representation review process in accordance with the requirements of clauses 22 to 28 to determine the representation arrangements for the 2025 local body elections without the establishment of a Māori ward.

Tūāpapa | Background

Why is the Council conducting a representation review?

5 The Local Electoral Act 2001 (‘LEA’) requires all local authorities to review their representation arrangements at least once every six years to ensure the arrangements continue to provide fair and effective representation of their district’s communities of interest. The process and timeframes to carry out a representation review is mandated through the LEA (primarily section 19).

6 The Council carried out its last representation review in 2021 ahead of the 2022 local body elections. Under the standard 6-yearly cycle of representation reviews, another review was next required in 2027 ahead of the 2028 local body elections.

7 However, the LEA sets out circumstances where a review may be required earlier, including where a territorial authority resolves to establish Māori ward(s) under section 19Z of the LEA. On 14 November 2023, Council resolved to establish a Māori ward which triggered a representation review. This is to determine how Māori ward(s) fit within a district’s wider representation arrangements.

Initial Proposal Decision by the Council

8 The Council undertook preliminary community engagement for the representation review in March 2024. The key finding of the preliminary community engagement was that the majority of respondents support the status quo and would prefer minimal adjustments for the inclusion of the Māori ward.

9 On 30 July 2024, the Council resolved its initial proposal (please refer to the report for more information) as follows:

9.1 The Kāpiti Coast District Council will comprise of the Mayor elected at large and ten councillors, two elected at large, seven elected by ward and one Māori ward councillor elected by the district’s Māori electoral roll voters.

9.2 The Kāpiti Coast District will be divided into five wards:

9.2.1 Kāpiti Coast Māori Ward represented by one Māori ward councillor with the ward boundaries aligning with the district’s boundaries.

9.2.2 Ōtaki General Ward represented by one general ward councillor.

9.2.3 Waikanae General Ward represented by two general ward councillors.

9.2.4 Paraparaumu General Ward represented by three general ward councillors.

9.2.5 Paekākāriki-Raumati General Ward represented by one general ward councillor.

9.2.6 In addition, all electors of the Kāpiti Coast District (both general electoral and Māori electoral voters) will elect two councillors at large.

9.3 The Kāpiti Coast District will be divided into five community board areas and the community board membership will comprise four members elected from their relevant areas and a specified number of ward councillors as follows:

9.3.1 The Ōtaki Community Board will comprise four members elected from the Ōtaki Community Board area, and one appointed member of the Council from either the Ōtaki General Ward or Kāpiti Coast Māori Ward.

9.3.2 The Waikanae Community Board will comprise four members elected from the Waikanae Community Board constituency, and one appointed member of the Council from either the Waikanae General Ward or Kāpiti Coast Māori Ward.

9.3.3 The Paraparaumu Community Board will comprise four members elected from the Paraparaumu Community Board constituency, and two appointed members of the Council from either the Paraparaumu General Ward or Kāpiti Coast Māori Ward.

9.3.4 The Raumati Community Board will comprise four members elected from the Raumati Community Board constituency, and one appointed member of the Council from either the Paekākāriki-Raumati General Ward or Kāpiti Coast Māori Ward.

9.3.5 The Paekākāriki Community Board will comprise four members elected from the Paekākāriki Community Board constituency, and one appointed member of the Council from either the Paekākāriki-Raumati General Ward or Kāpiti Coast Māori Ward.

10 The initial proposal by the Council will need to be publicly notified by 8 August 2024, in accordance the provisions of the LEA, which commences the formal consultation period inviting community submissions from 8 August to 12 September 2024.

11 If the Council decides to rescind its decision to establish a Māori ward as a result of this report, all requirements to meet legislative timeframes for the representation review process underway cease.

The Local Government (Electoral Legislation and Māori Wards and Māori Constituencies) Amendment Act

12 On 4 April 2024, the Minister for Local Government, Simeon Brown, announced the upcoming introduction of a Bill to honour the Coalition Agreements between the New Zealand National Party, ACT and New Zealand First committing to “restore the right to local referendum on the establishment or ongoing use of Māori wards, including requiring a referendum on any wards established without referendum at the next local body elections”.

13 The Bill was introduced into the House on 20 May 2024 and proposed the following amendments to the LEA:

13.1 Re-introducing the requirement for polls for councils wishing to establish Māori ward(s) and requiring all councils that have established Māori ward(s) without a poll to hold one at the next local body elections in 2025.

13.2 Allowing councils that have made a decision to establish Māori ward(s) without a poll to rescind their decision (or disestablish their Māori ward(s)) and:

13.2.1 Discontinue the representation review process currently underway and possibly revert to existing representation arrangements, OR

13.2.2 Decide to conduct a shortened representation review process instead.

14 During the Bill’s second reading, an amendment was recommended which requires councils, once the Bill is enacted, to make an active decision to affirm or rescind its decision to establish a Māori ward. The Bill provides that councils must make this decision before 6 September 2024. The Bill received royal assent on 30 July 2024 which means the amended provisions in the LEA have now taken effect.

He kōrerorero | Discussion

He take | Issues

15 The Local Government (Electoral Legislation and Māori Wards and Māori Constituencies) Amendment Act (the ‘Act’) now requires Council to decide on the following options:

15.1 to affirm the decision to establish a Māori ward for electoral purposes as planned and hold a poll on the future of the Māori ward at the next local body elections in 2025. The representation review timeframes would remain the same as previously communicated to the Council.

15.2 to rescind the decision to establish a Māori ward for electoral purposes and either:

15.2.1 cease the representation review process and revert to the existing representation arrangements, or

15.2.2 conduct a shortened representation review.

16 The shortened review process, as prescribed by clauses 22 to 28 of Part 3 of the Act, requires the Council to:

16.1 resolve its initial proposal (without the inclusion of a Māori ward) by 13 September 2024

16.2 publicly notify the initial proposal by 20 September 2024

16.3 provide an opportunity for community submissions on the proposal for a minimum of three weeks in September/October (by 11 October 2024)

16.4 within six weeks of the closing of submissions to resolve its final representation proposal

16.5 provide an opportunity for community appeals/objections for a minimum of three weeks (latest date for appeal/objection period to close is 13 December 2024)

16.6 forward any objections/appeals to the Local Government Commission by 23 December 2024.

17 Under clause 29 Part 3 of the Act, Council’s decision to affirm or rescind the decision to establish a Māori ward must be done by 6 September 2024.

Ngā kōwhiringa | Options

18 The following table presents the three options for Council to consider:

Option	Description	Impact
1	Affirm the decision to establish a Māori ward for the 2025 local body elections	· The current representation review process would continue as planned. · The newly established Māori ward would be in place for the 2025 local body elections and a councillor would be elected into the vacancy at the next elections. · A poll is required to be held at the same time as the next elections in 2025 to determine whether the Māori ward would still be in place at the 2028 local body elections. · If the outcome of the poll was to disestablish the Māori ward, it would not be in place for the 2028 local body elections and a further representation review would be required in 2027. · If the outcome of the poll was to retain the Māori ward, it would be in place for the 2028 local body elections and a further review is not required until 2030.
2	Rescind the decision to establish a Māori ward and revert back to the existing representation arrangements	· The Māori ward would no longer be established for the 2025 local body elections and the current representation review process would cease. · The representation arrangements that are currently in place would be used for the 2025 local body elections. · A poll would not be required at the 2025 local body elections. · A Māori ward councillor would not be elected at the 2025 local body elections. · Council would conduct a representation review again in 2027 as part of the six yearly cycle.
3	Rescind the decision to establish a Māori ward and conduct a shortened representation review	· The Māori ward would no longer be established for the 2025 local body elections and the current representation review process would cease. · A poll would not be required at the 2025 local body elections. · A Māori ward councillor would not be elected at the 2025 local body elections. · Council completes a shortened representation review in 2024. The next representation review would be required in 2030. · The initial proposal for the shortened representation review must be completed by 13 September. A new preliminary community engagement phase is not feasible; however, insights from the engagement conducted in March 2024 could be considered by Councillors.

Mana whenua

19 Mana whenua partners affirmed their strong support for Council to not rescind their decision to establish a Māori ward and continue with our initial proposal.

Panonitanga Āhuarangi me te Taiao | Climate change and Environment

20 There are no climate change and/or environment considerations relevant to this report.

Ahumoni me ngā rawa | Financial and resourcing

21 The total cost for the representation review is estimated at $240,000.00 which includes the preliminary community engagement costs and formal consultation.

22 The cost of the formal consultation is estimated at approximately $15,000 which includes the design of a survey questionnaire, radio and newspaper advertising as well as printing and distribution of the collateral.

23 This overall budget also covers costs incurred for technical advice being sought from our electoral officer (Election Services) as well as administration costs to cover printing, advertising, venue hire and catering for community engagement session during the preliminary community engagement phase.

24 If the Council decides to continue with the current representation review and the establishment of the Māori ward, the resourcing and budget requirements remain unchanged.

25 If the Council decides to rescind its decision to establish a Māori ward and revert to existing representation arrangements, the current representation review process would cease. No further budgetary or resourcing requirements are anticipated.

26 If the Council decides to rescind its decision to establish a Māori ward and conduct a shortened representation review process, the current representation review process will cease. The shortened representation review process comprises the same steps as the standard representation review process and therefore the same resourcing and budget requirements would be required.

Tūraru ā-Ture me te Whakahaere | Legal and Organisational Risk

27 There are no further legal considerations in addition to those already outlined in this report.

Ngā pānga ki ngā kaupapa here | Policy impact

28 This decision does not have a direct impact on any existing or planned policies.

TE whakawhiti kōrero me te tūhono | Communications & engagement

Te mahere tūhono | Engagement planning

29 The Act confirms that the special consultative procedures under section 83 of the Local Government Act 2002 are not triggered and there is no requirement for Council to consult with the community on this decision.

Whakatairanga | Publicity

30 If the Council decides to rescind its decision to establish a Māori ward ahead of the 2025 local body election and revert to the existing representation arrangements for electoral purposes, this decision must be publicly notified in line with clause 37 of Part 3 of the Act.

31 In addition, Council’s will be made public through the Council’s website and will be communicated to the media.

Ngā āpitihanga | Attachments

1. Appendix 1 - Local Government (Electoral Legislation and Māori Wards and Māori Constituencies) Amendment Act 2024 ⇩

2. Appendix 2 - Local Government Commission Determination 2022 for Kapiti Coast District Council ⇩


RĀRANGI TAKE AGENDA Extraordinary Hui Kaunihera \| Council Meeting
I hereby give notice that a Meeting of the Kāpiti Coast District Council will be held on:
Te Rā \| Date:	Tuesday, 6 August 2024
Te Wā \| Time:	12.00 pm
Te Wāhi \| Location:	Council Chamber Ground Floor, 175 Rimu Road Paraparaumu
Darren Edwards Chief Executive

Mayor Janet Holborow	Chair
Deputy Mayor Lawrence Kirby	Deputy
Cr Glen Cooper	Member
Cr Martin Halliday	Member
Cr Sophie Handford	Member
Cr Rob Kofoed	Member
Cr Liz Koh	Member
Cr Jocelyn Prvanov	Member
Cr Kathy Spiers	Member
Cr Shelly Warwick	Member
Cr Nigel Wilson	Member