T Hauraki / A Hauraki (Wai 3051), Opening submissions on behalf of Wai 3051, 9 May 24
The Māori Wards and Constituencies Urgent Inquiry
T Hauraki / A Hauraki (Wai 3051), Closing submissions, 15 May 24
The Māori Wards and Constituencies Urgent Inquiry
J Ferguson / M Wikaira (Te Whakakitenga o Waikato Inc), Memorandum of counsel seeking leave to participate as an interested party in any urgent inquiry into Maaori Wards, 26 Apr 24 (Also recorded as Wai 3163, #3.1.5)
The Māori Wards and Constituencies Urgent Inquiry
Brief of evidence of Hilda Halkyrd-Harawira, 6 May 24
The Māori Wards and Constituencies Urgent Inquiry
A Sykes / K Delamere-Ririnui / M Te Hira, Memorandum of counsel filing briefs of evidence, 6 May 24
The Māori Wards and Constituencies Urgent Inquiry
Statement of claim of Tukoroirangi Morgan, 6 May 24 (Also recorded as Wai 3362, #1.1.1)
The Māori Wards and Constituencies Urgent Inquiry
The Māori Wards and Constituencies Urgent Inquiry Report: Pre-publication Version
The Māori Wards and Constituencies Urgent Inquiry
In May 2024, the Waitangi Tribunal granted an application for an urgent inquiry into claims concerning the Crown’s proposed policy changes to the Local Electoral (Māori Wards and Māori Constituencies) Amendment Act 2021. The Tribunal confirmed that the inquiry would focus on whether the actions and policies of Government in altering the 2021 amendment Act were in breach of the Treaty of Waitangi and its principles.
The panel for the urgent inquiry consisted of Judge Sarah Reeves (officer), Basil Morrison CNZM JP, and Kevin Prime, and the inquiry was conducted on the papers with no in-person hearing. The Tribunal’s report was released on 17 May 2024.
The Tribunal found that the Crown breached the principle of partnership (the duty to consult and act reasonably and in good faith and the duty of active protection) by prioritising commitments made in the 2023 coalition agreement in the development of Government policy without discussion or consultation with its Treaty partners. The Crown also failed to adequately inform itself of its Treaty obligations and to conduct adequate Treaty analysis during the policy development process.
In addition, the Tribunal found that the Crown failed to adequately protect Māori rights and interests by prioritising the coalition agreement over the desires and actions of Māori for dedicated local political representation. Combined with breaches of the principles of equity, mutual benefit, and options, the Tribunal found that these Treaty breaches caused significant prejudice to Māori.
The Tribunal recommended that the Crown stop the amendment process to allow proper consultation between the Treaty partners with a view to agreeing how Māori can exercise their tino rangatiratanga to determine dedicated representation at the local level. The Tribunal drew the Government’s attention to the existing provisions in the Local Electoral Act 2001 for representation reviews that would better enable councils to seek public views on all wards and constituencies at the same time, including Māori wards or constituencies.
