Nelson City Council

Council agreed at its meeting of 3 November 2011 to start the process to create a Māori ward in time for the next local body election in 2013.

Have your say

Council welcomes comments about the information on this page. Read to the bottom to have your say.

The latest news

15 December 2011

Legal advice on Māori ward supports move

The Nelson City Council’s move to create a Māori ward in time for the next local body election did not breach legislation, according to an independent legal opinion received by Council at its final meeting of the year today.

A local resident who is also a lawyer recently questioned the legality of the resolution to establish a Māori ward passed by Council on 3 November. He claimed it breached both the Local Electoral Act 2001 and the Local Government Act 2002.

Council then asked for an independent opinion, which was the basis of the extensive report presented by Nelson lawyer Camilla Owen today. It says Council was correct in believing it did not have a legal obligation to consult on the decision and that a poll whether to proceed with the move could be initiated by either the public, or Council.

Since the public advertising of the Council resolution a Nelson resident has launched a petition to hold a poll on whether to create a Māori ward. The petition has a threshold of 5% (1701) of Nelson electors to initiate a binding poll. The deadline for the completion of the petition is 28 February 2012.

Nelson Mayor Aldo Miccio says the poll is one way of hearing what the public has to say on what is an important issue. “The public will have its say through a poll, and we will listen.”

“This was always going to be a contentious issue. The petition and poll are critical safeguards.”

Maori Ward legal opinion to be discussed week of 12 Dec

Council is to discuss a legal opinion regarding the creation of a Maori ward in the public session of its next meeting.

A Nelson resident raised issues of the legality of the move in the public forum section of a recent meeting and Council subsequently committed to seek independent legal advice. The resident, a lawyer, said at the meeting that he thought Council breached the Local Electoral Act 2001 and the Local Government Act 2002.

The independent legal advice has now been received and will be discussed at the final Council meeting of the year on Thursday 15 December at 9am in the Council Chamber. Copies of the legal opinion are included in the Public Agenda. 

Nelson Mayor Aldo Miccio says Council is keen to be transparent about the issue and reminds residents that Council meetings are open to the public to attend.

8 November 2011

The Human Rights Commission commends Nelson City Councillors' move to create a Maori ward.

4 November 2011

Nelson City Council will be the first unitary Council in the country to have a Māori ward. Currently the Bay of Plenty Regional Council has four Māori seats and the Waikato Regional Council has voted to establish two.

The number of seats on Council (12 plus the Mayor) would not change, but one seat would be specifically to represent a Māori ward within Nelson city.

Council must publicly notify its intention to create the Māori ward no later than the 23rd of November to ensure it can be adopted in time for the 2013 election.

Council’s submission to the Local Government Commission on the issue of amalgamation with Tasman District recommended the creation of a Māori ward and Community Board if amalgamation goes ahead.

The move is to ensure the process is underway to have a Māori ward within Nelson city in case amalgamation does not proceed.

Why move now, and why it is important

Nelson City Councillors have consistently shown their cultural insight and historical understanding of why Māori representation at a governance level is a positive move. They have also demonstrated they understand the practical implications and (arguably) the benefits of having a Māori presence at the governance level.

• It allows Māori input into decisions at a governance level
• It allows for cultural values to inform decision making
• It provides a positive environment for partnership in a post settlement environment
• Māori, like councils, always have been and will continue to be, part of our community.

According to legislative requirements, Council was able to make this decision on behalf of the community without consultation. (Read more about the legislation below.)

In addition, the recommendation Council publicly made in its submission to the Local Government Commission strongly advocated for this position.  Local iwi and Mata Waka representatives have also made many submissions in recent years requesting such a ward be established. 

Looking at this from a practical viewpoint, the needs of the Council to govern our city requires access to a Treaty of Waitangi partner/Māori point of view to help Councillors make informed decisions on behalf of all the citizens of Nelson. Council is aware that although the Crown is the Treaty partner, an increasing part of the implementation of Treaty settlement falls to mana whenua iwi and local councils.

Iwi leaders are on record as strongly supporting better representation of Māori around the Council table for the best interests of the city and to give Māori a more effective voice in decision making.

Further, the decision would give better effect to the Local Government Act requirement to provide opportunities for Māori to be involved in its decision making processes.

Is the representation proportional?

In the Nelson electorate the proportional number of Māori seats comes out at 0.78*.  In accordance with Schedule 1A of the Local Electoral Act 2001, any portion greater than 0.5 is rounded up to 1.  The calculation therefore supports the establishment of one Māori ward in Nelson City.

So what does that mean for voting?

The process for election is as follows:

Under S.24B of the Local Electoral Act, 2001, a person who is an elector of a Maori ward is at the triennial election entitled to vote:

• at the election of the Mayor; and
• at the election of the member or members who will represent that Maori ward; and
• at the election of the member or members to be elected to represent the whole of the district.

An elector in a Māori ward does not forgo their right to vote for the Mayor and other councillors to be elected.  

*This figure has been corrected from an original report stating the ratio was .58, which was subsequently noted as an error.

Legislation information

The law requires Council to give public notice no later than 30 November 2011 (i.e. within 7 days of the Council resolution under section 19ZA (1) of the Act.)  The public notice must include:

(a)    notice of the resolution under section 19Z; and

(b)    a statement that a poll is required to countermand (overturn) that resolution.

This may trigger a poll of electors, the process of which is also prescribed in the Act. 

Finally, the territorial authority(Council) may resolve to hold a poll under section 19ZD of the Local Electoral Act 2001 under the same timeline in the Act.

Read more about the legislation that applies to this decision.

Local Government Act 2002

Electoral Act

Māori wards and constituencies

Go here for more information on Māori wards and constituencies. (scroll down to the bottom of the page)