Your Choice - 2022 Representation Review

5 May 2022

Rotorua representation model for 2022 elections confirmed

Rotorua now has certainty about the local representation model that will apply to this year’s local elections following the Maori Affairs Select Committee’s decision to pause the Rotorua District Council (Local Representation) Bill process.

The Bill seeks a preferred local representation model for Rotorua that current legislation does not allow for and if successful, needed to be in place by June to be implemented for this year’s local elections.

The pause in the Bill process, which was requested by Rotorua Lakes Council, means that is no longer possible and the model that will be used for this year’s elections will be the model determined recently by the Local Government Commission:

• A Maori ward with 3 elected members
• A general ward with 6 elected members
• A rural ward with 1 elected member (the ward covering the same area as the existing Rotorua Rural Community Board)
• A rural community board and a lakes community board, each with 4 elected members

The Mayor will be elected at-large (ie all voters will be able to vote for their preferred mayoral candidate).

10 councillors elected from across 3 wards.

What does this mean for voters?

• Those on the Maori electoral roll will be able to vote for 3 Maori ward candidates and mayor. Maori on the Maori electoral roll and living in the rural ward will not be able to vote for a rural ward candidate.
• Those living in the rural ward and on the general roll will be able to vote for 1 rural candidate and mayor.
• Those on the general roll who are not rural or on the Maori roll will be able to vote for 6 councillor candidates and a mayor.

Rotorua Lakes Council will be undertaking an awareness and education campaign to inform voters and potential candidates ahead of the election in October.

See more about the Local Government Commission’s determination HERE

Rotorua Lakes Council sought a pause in the local Bill process aimed at achieving a preferred representation model to enable time to provide additional advice to the Committee following concerns raised by the Attorney-General. See more about that HERE

The Māori Affairs Committee, by majority, decided this week to pause the hearings of oral submissions that were scheduled for Friday, 6 May 2022.

The committee says it is awaiting further advice about the concerns raised by the Attorney-General regarding the bill’s consistency with the New Zealand Bill of Rights Act 1990. Upon receipt of advice, the committee will determine its next steps.

Find out more about the Bill and the process involved HERE

View the Attorney-General’s report referred to HERE

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'Your Choice - 2022 Representation Review' decision

Council to seek legislative change to enable preferred representation model to be adopted

As part of the Your Choice – 2022 Representation Review, Rotorua Lakes Council will be seeking legislative change to enable a preferred representation model to be adopted at the earliest possible time. (See an update on this HERE.)

Council’s preferred model for best representing the needs of Rotorua in accordance with the principles of the Local Government Act and the Treaty of Waitangi, is not permitted under current legislation.

Therefore, at the full Council meeting on Friday 19 November, elected members voted in favour of instructing 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 local election.

The preferred model Council is seeking to adopt is as follows:

• 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 model is deemed to best represent the needs of the Rotorua community and addresses a number of the key themes that emerged throughout consultation (achieving equality/parity, recognising the Treaty of Waitangi and Rotorua Township (Fenton) Agreement, co-governance, and equal suffrage).

Rotorua Mayor Steve Chadwick says legislative change to enable a model that better represents the needs of Rotorua will be sought as quickly as possible.

“It is disappointing that current legislation has meant we were unable to adopt our preferred representation model. However we have adopted an interim model, that regardless of electorate roll, gives everyone the same number of votes.

“We will now pursue legislative change to get a local bill in place so we can adopt a model that really better represents what the community needs, and what they have told us they want.

“The electoral system in Rotorua should honour the Fenton Agreement and it should meet the principles of Te Tiriti o Waitangi.

“There has been tension and hurt during this process. Our Te Arawa partnership board has struggled to get to this point, but ultimately we want the same outcome, and we want to support them to achieve more than one seat within the Māori Ward.

“We’ve ended up with an unusual model, struggling with a formula we’re required to use but doesn’t really fit what Rotorua needs today.

“A local bill through parliament will be our best option to get the preferred model and we’ll be looking to act on this as quickly as possible.”

Council was advised by the Local Government Commission that the preferred model wouldn’t be permitted under the Local Electoral Act (LEA). It 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 that went to the Strategy, Policy and Finance Committee this week).

Council will now seek to enable the preferred model to be adopted via other means, potentially by way of a Local Bill.

During the meeting, a new motion was put forward by Cr Yates and received support from the majority of Councillors. In addition to seeking legislative change, the Council also agreed to:

• Confirm its commitment and ongoing support for Māori wards as made by Council on 21 May 2021
• Affirm that voters on the Māori electoral roll should not be permanently locked into a minority and should have equal opportunity as those on the general roll to vote for a Council they consider will best represent their interests (voter parity)
• Affirm the electoral system for Rotorua should honour the Rotorua Township Agreement (1880) and meet the principles of Te Tiriti o Waitangi.

Council was bound by legislative constraints to adopt a representation model on Friday 19 November 2021. So while acknowledging that the ideal representation model is the one outlined above, to meet the requirements of the Local Electoral Act, in a split vote decision, Council has adopted the following interim representation model:

• 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

It was noted that this interim model falls short of Council’s preferred model, however preserves the principles of voter parity, a key theme emerging through consultation, and is legally compliant with the formula set out in the LEA.

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.

Voting

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

The following motion was put forward:

Moved: Cr Yates
Seconded: Cr Raukawa-Tait

The Chair ruled that each item be voted on separately.

That Council;

1. Confirm its commitment and ongoing support for a Māori ward as made by Council on 21 May 2021.

Moved: Cr Yates
Seconded: Cr Raukawa-Tait

CARRIED

2. Affirm that voters on the Māori electoral roll should not be permanently locked into a minority and should have equal opportunity as those on the general roll to vote for a Council they consider will best represent their interests (voter parity)

Moved: Cr Yates
Seconded: Cr Raukawa-Tait

CARRIED

3. Affirm the electoral system for Rotorua should honour the Rotorua Township Agreement (1880) and meet the principles of Te Tiriti o Waitangi.

Moved: Cr Yates
Seconded: Cr Raukawa-Tait

CARRIED

4. a. Agree that the ideal representational model for Rotorua would comprise;

• 1 Mayor elected at large
• 1 Māori ward with 3 seats (Te Ipu Wai Taketake ward)
• 1 General ward with 3 seats (Te Ipu Wai Auraki ward)
• 4 “At large” seats
• A Rotorua Lakes Community Board
• A Rural Community Board

b. Note that the preferred model (see 4a above) is not currently enabled under the current Local Electoral Act, Council instructs 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.

Moved: Cr Yates
Seconded: Cr Raukawa-Tait

CARRIED

5. a. Notwithstanding 4 above, for the purposes of meeting the requirements of the Local Electoral Act agree an interim representation model comprising;

• 1 Mayor elected at large
• 1 Māori ward with 1 seat (Te Ipu Wai Taketake ward)
• 1 General ward with 1 seat (Te Ipu Wai Auraki ward)
• 8 “At large” seats
• A Rotorua Lakes Community Board
• A Rural Community Board

b. Note that the interim model (see 5a above) falls short of Council’s preferred model however preserves the principles of voter parity (see 2 above)

Division noted:

For: Mayor Chadwick, Cr Maxwell, Cr Donaldson, Cr Yates, Cr Raukawa-Tait, Cr Wang

Against: Cr Macpherson, Cr Bentley, Cr Tapsell, Cr Kumar, Cr Kai Fong

Moved: Cr Yates
Seconded: Cr Raukawa-Tait

CARRIED

Next steps – Objections/appeals

An objection or appeal may be lodged by any person or organisation if the Council’s final decision on representation arrangements differs from its initial proposal. Any objection must identify the matters to which the objection relates.

Objections and appeals will be forwarded to the Local Government Commission (LGC).

If objections or appeals are made, the LGC will make a final determination on Rotorua Lakes Council’s representation arrangements in April 2022.

Objections must be made in writing and must be received by council no later than 20 December 2021.

A description of the Objections and Appeals process can be found HERE.

An Objections/Appeals hard copy form can be found HERE.

To complete the online Objections/Appeals form, please select HERE.
Objections can be sent to:

• Rotorua Lakes Council, Attention – Rick Dunn
• Post – Rotorua Lakes Council, Civic Centre, 1061 Haupapa Street, Rotorua 3010
• Email – letstalk@rotorualc.nz
• Hand deliver – Rotorua Lakes Council, Customer Service Centre, Civic Centre, 1061 Haupapa Street, Rotorua
  
  

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

Links to other related documents:
Report to Strategy, Policy and Finance Committee on 16 November 2021
Presentation to Strategy, Policy and Finance Committee on 16 November 2021
Attachment 1 - Report to SPF 26 August 21- Adopt initial proposal.pdf
Your Choice - 2022 Representation Review - Initial Proposal.pdf