Can Auckland Council communicate the subtle difference between representation and participation as the public submit their views on Māori seats?
The region with the largest Māori population in the country is deciding whether two seats should be earmarked around the council table to represent Māori voters.
Auckland Council began consultation this week on whether to include two Māori seats on the governing body of councillors.
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The council will receive public feedback over the next month, before the existing governing body makes a decision on October 26.
The change would then come into practice following the 2025 local body elections.
If it happens, Auckland would join six of 11 regional councils and 29 of 67 territorial authorities to have specific Māori constituencies – just under half of the country’s councils.
The move to adopt Māori seats comes thanks to two legislative shifts from central government.
Firstly, the removal of the ability for public polls to overturn councils’ decisions to adopt Māori seats. Post-poll u-turns were outlawed by then-Minister for Local Government Nanaia Mahuta.
Then there are changes to legislation setting the number of councillors on Auckland’s governing body being decided in Parliament right now.
Those changes have allowed the council to take another look at Māori seats – an idea that has had its fair share of controversy around the country in recent years.
In this case, some of the controversy has stemmed from the existence of the Independent Māori Statutory Board and how heavily it features in consultation documents.
The board is a separate entity to council with nine members appointed by mana whenua and mātāwaka (Māori groups originally from outside the region). These members sit on a range of council committees, especially those dealing with the “management and stewardship of natural and physical resources”.
The board was established under the Local Government Auckland Council Act, which set out the plans back in 2010 for an independent group to promote issues of significance for Māori and ensure Auckland Council acts in accordance with the Treaty of Waitangi.
This means even if Māori seats are added to the governing body, the Crown-mandated board will continue in its current capacity – a reality some allege the council has painted a little ambiguously in its consultation documents.
Lee Short, chair of community group Democracy Action, said Auckland Council was not being “fully transparent” with the public in not making it clear that the Māori seats would be created in addition to the Independent Māori Statutory Board.
“The council’s consultation document does not make it clear the Independent Māori Statutory Board already exercises significant influence over the council's policies and decision-making processes, which includes voting power that directly impacts decisions made by governing body committees,” he said.
“Open and transparent governance is essential in fostering trust and engagement between citizens and their local government. Hopefully, the council will add reference to the Independent Māori Statutory Board, and its decision-making role on governing body committees, on its feedback survey form."
It’s true that the board is not referenced on the council’s online feedback form, but Rose Leonard, Auckland Council’s manager of governance services, pointed out the role of the board was fully explained in both the summary and full consultation documents.
She also said the difference in governing body and statutory board roles is the difference between representation and participation.
“The establishment of the Independent Māori Statutory Board did not exclude the possibility of direct Māori representation on the governing body being established in the future,” she said. “A Māori ward councillor would represent Māori voters directly and make decisions on the governing body itself. The IMSB members can participate in decision-making but do not represent Māori voters directly.”
Council documents say when the board was established, it was not seen as a replacement for Māori representation: “The Government's intention when it established the IMSB was to enhance Māori participation in decision-making.”
Eleven point five percent of Auckland’s population is Māori, meaning two seats out of around 20 councillors would closely match population distribution.
Councillor Kerrin Leoni said Auckland has the largest Māori population in the country but no seats representing Māori voters.
“This decision is significant for all Aucklanders – not just Māori. Your feedback will help shape a future that’s right for Tāmaki Makaurau,” she said.
“Many councils around the country have already successfully established Māori wards. We now have an opportunity to create stronger partnerships that will benefit everyone living in our city.”
But the fact remains – to understand the full role of the Independent Māori Statutory Board and how it differs to the potential Māori seats, Aucklanders will need to dig into the accompanying documents.
Clear communication of the bureaucratic spiderweb of local government is no mean feat – perhaps best illustrated by this diagram showing at least seven different entities.
And the difference between Māori seats and the board comes down to the difference between representation and participation.
The consultation documents say while they may seem similar, they have different meanings.
Representation means Māori seats on the governing body having all the same functions, powers, responsibilities, rights, and duties as other councillors, while participation is the ability for Māori to influence policy and decision-making by Auckland Council.
But even if Aucklanders support Māori seats, there are multiple ways to go forward – the parliamentary model or the Royal Commission model.
The former is possible under existing legislation and allows for one or two elected seats, but no appointed seats.
The Royal Commission model would need new legislation, and would include two elected Māori seats alongside one seat specially appointed by mana whenua.
The Independent Māori Statutory Board is in support of this second option, along with a number of other Māori stakeholders the council consulted in the early stages of the decision.
If the councillors vote against Māori seats this October, it will be revisited in 2026.
