Committee recommends Council pursue legislative change to enable a preferred representation model to be adopted

16 November 2021

Strategy, Policy and Finance Committee recommends Council pursue legislative change to enable a preferred representation model to be adopted

Rotorua Lakes Council’s Strategy, Policy and Finance Committee has today voted in favour of recommending that Council pursue legislative change to enable a preferred representation model to be adopted prior to the 2022 local elections.

The Committee met this morning to consider submissions received on Council’s draft proposal for representation arrangements and to make a recommendation to Council about a final representation model for the 2022 and 2025 local elections, as part of the ‘Your Choice – 2022 Representation Review’.

Following consultation on Council’s initial proposal for representation arrangements, elected members developed a preferred representation model consisting of the following:

• 1 Mayor elected at large
• 1 Māori Ward with 3 seats
• 1 General Ward with 3 seats
• 4 “At large” seats
• A Rotorua Lakes Community Board
• A Rural Community Board

This was deemed to better represent the needs of the Rotorua community and address a number of the key themes that emerged through the consultation process (achieving equality/parity, recognising the Treaty of Waitangi and Rotorua Township (Fenton) Agreement, co-governance, and equal suffrage).

However, the Local Government Commission advised this model wouldn’t be permitted under the requirements of the Local Electoral Act - Māori Wards and Māori Constituencies Amendment Act 2021 (LEA). The preferred model is considered unlawful because it does not follow the formula for allocating seats to each ward as set out in Schedule 1A of the LEA. (For an explanation of the formula see section 5.2.2, page 16 of the full report).

As Council is bound by legislative constraints to adopt a final representation model by Friday 19 November 2021, an alternative representation model has been put forward that achieves parity between the Māori Ward and the General Ward in a manner which is legally compliant with the formula set out in the LEA.

That representation model is as follows:

• 1 Mayor elected at large
• 1 Māori Ward with 1 seat
• 1 General Ward with 1 seat
• 8 “At large” seats
• A Rotorua Lakes Community Board
• A Rural Community Board

While this model achieves parity between the Māori Ward and the General Ward, it reduces the number of available seats in the wards to 1 each, and increases the ‘at large’ seats to 8. This is the only formulation that can achieve parity between the wards in a manner which is legally compliant.

While the majority of the Committee members remain in favour of the preferred model, because this is currently unlawful, the Committee was required to recommend Council adopts either the initial draft model that went out for consultation, or the revised model that achieves parity between the Māori Ward and the General Ward.

A report to the Committee said it became clear through consultation that the model consulted on created imbalance in terms of how many people voters could vote for (those on the Māori roll would have total 7 votes (6 for councillors + 1 for the Mayor), those on the General Roll would have 9 (8 for councillors and 1 for the Mayor)).

This reduced the influence voters on the Māori roll could have on overall composition of elected member group, contrary to the concept of parity.

Council sought to redress the imbalance, resulting in the preferred model that was subsequently found to be unlawful.

Voting

The Committee was split in its decision today, with six voting in favour of recommending Council adopts the alternative model of 1 Mayor elected at large, 1 Māori Ward with 1 seat, 1 General Ward with 1 seat, 8 “At large” seats, A Rotorua Lakes Community Board and A Rural Community Board, while the Chief Executive seeks necessary statutory reforms to enable to preferred model to be adopted prior to the 2022 local election.

Six voted against and Committee Chair Cr Merepeka Raukawa-Tait used her casting vote which meant the above was adopted as the committee’s recommendation to Council for final decision-making on Friday.

The detailed motion the Committee has voted in favour of is as follows:

• That the committee after considering the submissions and requirements of the Local Electoral Act recommends to Council to adopt a final representation model that consists of:

- 1 Mayor elected at large

- 1 Māori ward with 1 seat

- 1 General ward with 1 seat

- 8 “At large” seats

- A Rotorua Lakes Community Board

- A Rural Community Board

• That the committee notes that despite the two recommended options, a different model, consisting of 3 Maori ward seats, 3 General ward seats and 4 at large seats is the preferred model for representing the best needs of Rotorua in accordance with the principles of the Local Government Act and the Treaty of Waitangi, but that this model is not enabled under the current legislation.
• That the committee recommends to Council that it instruct the Chief Executive to pursue the necessary statutory reforms, or other means, by which the preferred model can be adopted by Council at the earliest possible time, including if possible, prior to the 2022 election.

Voting was recorded as:

Voted for:- Mayor Chadwick, Cr Donaldson, Cr Maxwell, Cr Raukawa-Tait, Mr Thomass, Cr Yates

Voted against:- Cr Kai Fong, Cr Kumar, Cr Macpherson, Cr Tapsell, Mrs Trumper, Cr Wang,

Cr Raukawa-Tait voted the casting vote for the motion as the Chair.

Motion Carried 7/6

Mr Morgan (Te Tatau o Te Arawa Board Member) declared a conflict of interest due to contributing to Te Tatau o Te Arawa’s submission on the initial proposal and withdrew from the discussion at the beginning of the meeting.

Mr Biasiny-Tule (Te Tatau o Te Arawa Board Member) withdrew from the meeting partway through in protest at the process followed to develop the recommendations within the report.

Cr Bentley indicated an early departure at the beginning of the meeting and was not present for the vote.

The meeting was livestreamed and you can view a full recording of the meeting at THIS LINK on Council’s YouTube channel.

You can view Agenda for the meeting HERE

View the presentation relating to today’s meeting HERE

Links to other related documents:

Attachment 1 - Report to SPF 26 August 21- Adopt initial proposal.pdf

Your Choice - 2022 Representation Review - Initial Proposal.pdf