Local Electoral (Māori Wards and Māori Constituencies) Amendment Bill

The Parliament of New Zealand enacts as follows:

1 Title

This Act is the Local Electoral (Māori Wards and Māori Constituencies) Amendment Act 2021.

2 Commencement

This Act comes into force on the day after the date of Royal assent.

3 Principal Act

This Act amends the Local Electoral Act 2001 (the principal Act).

4 New section 5AA inserted (Transitional, savings, and related provisions)

After section 5, insert:

5AA Transitional, savings, and related provisions

The transitional, savings, and related provisions set out in Schedule 1 have effect according to their terms.

5 Section 9 amended (Holding of referendum)

Replace section 9(7) with: (7) The result of a referendum conducted as a consequence of a direction under 10 this section is not binding on a local authority—

      (a) in the case of any matter or proposal relating to the division of any district or region into 1 or more Māori wards or Māori constituencies; or

      (b) in any other case, unless the local authority resolves otherwise or an enactment provides otherwise.

6 Section 19Z amended (Territorial authority or regional council may resolve to establish Māori wards or Māori constituencies)

(1) Replace section 19Z(3)(a) with:

(a) Any territorial authority must resolve that the district be divided into 1 or more Māori wards for electoral purposes.

(2) Replace section 19Z(3)(b) with:

(b) Any regional council must resolve that the region be divided into 1 or more Māori constituencies for electoral purposes.

(3) Replace section 19Z(3)(c ) with:

(c ) in either case, takes effect for 2 triennial general elections of the territorial authority or regional council, and for any associated election, and 20 continues in effect after that until a further resolution under this section takes effect.

(4) Replace section 19Z(4) with: (4) This section— (a) is subject to clauses 2(5) and 4(4) of Schedule 1A; and 25

(b) does not apply in relation to a territorial authority or regional council if another enactment requires,—

       (i) in the case of a territorial authority, that the district be divided into 1 or more Māori wards; or

      (ii) in the case of a regional council, that the region be divided into 1 or more Māori constituencies.

(3) In section 19Z(5), delete “and in sections 19ZB to 19ZG”.

7 Sections 19ZA to 19ZG repealed

Repeal sections 19ZA to 19ZG.

8 Section 138A amended (Special provision in relation to certain elections to fill extraordinary vacancies and certain polls)

In section 138A(1),—

(a) replace “section 19ZF(3), section 33(3),” with “section 33(3)”; and

(b) delete “section 19ZC(5), section 19ZD(4),” in each place; and 5

(c ) delete “section 19ZF or” in each place.

9 New Schedule 1 inserted

Insert the Schedule 1 set out in the Schedule of this Act as the first schedule to appear after the last section of the principal Act.

Schedule

New Schedule 1 inserted

Schedule 1

Transitional, savings, and related provisions

Part 1

Provisions relating to Local Electoral (Māori Wards and Māori Constituencies) Amendment Act 2021

1 Definitions

In this Part, unless the context otherwise requires,— amendment Act means the Local Electoral (Māori Wards and Māori Constituencies) Amendment Act 2021 commencement date means the date on which the amendment Act comes into force transition period means the period beginning on the commencement date and ending on 21 May 2023.

2 Territorial authority or regional council must resolve during transition period to establish Māori wards or Māori constituencies for next triennial general election

(1) Any territorial authority must resolve during the transition period that the district be divided into 1 or more Māori wards for electoral purposes.

(2) Any regional council must resolve during the transition period that the region be divided into 1 or more Māori constituencies for electoral purposes.

(3) A resolution under subclause (1) or (2)—        (a) may be made despite any poll held under section 19ZF before the commencement date; and

       (b) takes effect for the purposes of the next 2 triennial general elections of the territorial authority or regional council, and for any associated election, and continues in effect after that until a further resolution under section 19Z takes effect. (4) This clause—        (a) is subject to clauses 2(5) and 4(4) of Schedule 1A (as if this clause were in Part 1A of this Act); and        (b) does not apply to Bay of Plenty Regional Council (see the Bay of Plenty Regional Council (Maori Constituency Empowering) Act 2001). (5) In this clause, associated election has the same meaning as in section 19Z.

3 Territorial authority or regional council may revoke resolution made under section 19Z before commencement date

(1) This clause applies to a resolution of a territorial authority or regional council made under section 19Z at any time during the period—

      (a) commencing on 13 October 2019; and

      (b) ending on the day before the commencement date.

(2) The territorial authority or regional council may, at any time during the transition period, revoke the resolution.

4 No poll may be demanded on or after commencement date to countermand resolution made under section 19Z before commencement date

(1) This clause applies in relation to a resolution of a territorial authority or regional council made under section 19Z before the commencement date.

(2) No demand for a poll to countermand the resolution may be made under section 19ZB on or after the commencement date despite any public notice having been given under section 19ZA by the territorial authority or regional council before the commencement date of a right to demand a poll.

5 Demand for poll by electors under sections 19ZB and 19ZC before commencement date must be disregarded on commencement date

(1) This clause applies if—

       (a) a territorial authority or regional council receives a demand for a poll made in accordance with sections 19ZB and 19ZC before the commencement date; and

       (b) the poll has not been held as at the commencement date.

(2) The demand must be disregarded on and after the commencement date.

(3) The chief executive of the territorial authority or regional council must not give notice to the electoral officer of the demand on or after the commencement 30 date.

(4) An electoral officer for a territorial authority or regional council who, before the commencement date, receives notice under section 19ZC(5) of a demand for a poll must not give public notice of the poll on or after the commencement date.

6 Resolution of territorial authority or regional council made under section 19ZD before commencement date ceases to have effect on commencement date

(1) This clause applies to a resolution of a territorial authority or regional council under section 19ZD(1) if—

       (a) the resolution was made before the commencement date; and

       (b) the poll has not been held as at the commencement date.

(2) The resolution ceases to have effect on the commencement date.

(3) An electoral officer who, before the commencement date, received a notice under section 19ZD of a resolution that a poll be held must not give public notice of the poll on or after the commencement date.

7 Electoral officer must give public notice that any poll announced before commencement date will not be held

(1) This clause applies to an electoral officer who, during the period of 89 days before the commencement date, gives public notice of a poll in accordance with section 19ZF(1).

(2) The electoral officer must, as soon as practicable after the commencement date, give public notice that the poll will not be held.

General Policy Statement:

This bill ensures that Māori wards become an important part of our local electoral system, like Māori electorates have in the general electoral system. This bill ensures that Māori wards are established in all councils by 2023, and that any referenda on the topic are now null and void, as the lack of Māori wards is outdated, and referenda are holding back councils from implementing Māori wards.

B.1078- Local Electoral (Māori Wards and Māori Constituencies) Amendment Bill [FIRST READING] is authored by Hon. Nanaia Mahuta (IRL Figure) and u/model-frod (Labour) and is sponsored by u/model-frod on behalf of the government.

Debate will close 21/07/2021 11:59pm NZT