Unelected Ngāi Tahu Members Given full voting rights AT Ecan

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Two unelected Ngāi Tahu members will now have full voting rights at Environment Canterbury.

The Canterbury Regional Council (Ngāi Tahu Representation) Bill passed its third reading in Parliament today.

Environment Canterbury Chair Jenny Hughey described it as a significant milestone that would lead to better environmental outcomes.

“The passing of this Bill enables the regional council to enter a new age of cooperation with Ngāi Tahu, as outlined by the Crown when it delivered its apology to Ngāi Tahu at Ōnuku Marae in 1998.”

Environment Canterbury Chair Jenny Hughey is excited to be working with unelected members

Lisa Tumahai the Kaiwhakahaere (Chair) of Te Rūnanga o Ngāi Tahu said “this is an example of the evolution of conventional democracy to ensure all voices are heard in the decision-making process.”

Lisa Tumahai the Kaiwhakahaere (Chair) of Te Rūnanga o Ngāi Tahu

The Act Party condemns the legislation

ACT’s Local Government spokesperson Simon Court said “Labour’s fixation with shoe-horning co-governance into every aspect of our lives means the Canterbury Regional Council will soon be able to have unelected representatives based on their race.

ACT’s Local Government spokesperson Simon Court said the party would repeal the law

Liberal democracy matters. Every adult New Zealander gets one vote. Superficial characteristics like race, sex, sexuality and religion are not relevant to our rights. Being the first in the world to achieve that is New Zealand’s greatest political achievement.”

Court said “ACT believes that only democratically-elected representatives should vote in councils and in Parliament, this piece of legislation erodes this principle.

ECAN currently has two Mana Whenua experts on the council who provide advice but don’t have the power to vote at council meetings. This is a democratic way to ensure Māori voices are heard without overriding basic democratic principles.

Ngāi Tahu is welcome to gain greater representation and voting rights on the council by participating in local government elections and being voted in. No one should gain these rights without going through this process.

ACT appealed to the Government to fulfil the principle that only democratically elected representatives should vote in Councils and Parliament. The people of Canterbury should have the right to decide who represents them on their council through fair and democratic local elections.”

What do Environment Canterbury Councillors think?

Councillor Lan Pham said she was “totally in support of the Ngāi Tahu Bill and I agree with the Attorney-General’s review who determined that “Ngāi Tahu have a unique claim to input into the Environment Canterbury context on the basis of their special association with the Canterbury natural environment.

"I hope it is just the first step in moving toward a government system across local and central govt that genuinely upholds Te Tiriti.”

Councillor Phil Clearwater said the rationale for the Bill was about participatory democracy.

“It is a way of ensuring that under the Treaty of Waitangi, Maori have the opportunity to take part in and are involved in our democracy. The one-liner that “ democracy is one person one vote” can be, and often is, meaningless and fails to address the need in Aotearoa /New Zealand for participatory democracy. 

Under the Treaty of Waitangi, as Pakeha, we have a partnership with Maori. So in fact the Bill is aimed at ensuring that mana whenua voices are heard at the council table. It is a way that two seats out of 16 seats are set aside for Maori as a way of achieving participatory democracy.”

Councillor Peter Scott said “we have had Ngai Tahu at our table since 2010. Ngai Tahu at the Ecan table was mandated by National in the Ecan act in 2010. Since 2010 and until now we have received benefits through the opinions and guidance offered to us by Ngai Tahu representatives.

As a councillor, I think we have taken a judicious and pragmatic look at how we govern the natural resources in Canterbury. We have been selfish in our belief that for Canterbury given our responsibility and our statutory obligations that the best operating model is to have Ngai Tahu at our table. Bespoke legislation for us to be able to act properly is what I support.”

Councillor Ian Mackenzie said “Ngai Tahu representation on the council has been and is valuable, especially as we move forward with the concept of te mana o te Wai.”

He said the law was “arguably a potential distortion to democracy but minor in the order of things. I am more concerned about some of the proposed undermining of democracy tied up in the RMA and 3 Water reforms.”

Councillor Tane Apanui said “what I've seen from the tumu taiao at the table - they outperform many of the elected reps. Come to a council meeting and see for yourself.”

National says law removes basic principle of democratic accountability

National’s Justice spokesperson Paul Goldsmith said a National Government will restore the basic principle that all New Zealanders have equal voting rights,

“It’s astounding that any party should have to make such a promise – given most Kiwis take equal voting rights for granted – but that basic principle is being undermined by the Labour Government.

National’s Justice spokesperson Paul Goldsmith said the law was “divisive”

The legislation removes both equal voting rights in that region, as well as the basic principle of democratic accountability.

Since the Ngāi Tahu appointments are permanent, the normal rules of accountability do not apply. The universal principle that politicians are better behaved when they know they can be thrown out at the next election, will not apply for these councillors in Canterbury.

Goldsmith said the law was “anti-democratic and divisive.