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Summarised by Centrist
A new critique by Gary Judd KC argues that the Far North District Council is not merely consulting with iwi and hapū, but actively shifting democratic power away from elected representatives and into the hands of unelected appointees.
His central claim is that the council is “subverting the fundamental tenets of local government” and engaging in a process that “sacrifices democracy and the rule of law in the advancement of an ideological cause.”
Judd’s argument turns on the council’s decision to proceed with appointing 10 external hapū and iwi members to its Te Kuaka Committee for Māori Strategic Relationships.
In his reading of the Local Government Act, the governing body itself must appoint committee members and must form an opinion that each person has the “skills, attributes, or knowledge” needed for the role. “The governing body cannot lawfully let someone else choose committee members. But that’s what the April 15 meeting did,” he writes.
Of the two named appointees, Judd says they “were appointed not because they had the requisite attributes but because they were representatives”. From there, he argues the appointments were “illegitimate”.
Judd reserves special praise for councillor Davina Smolders, who was the only one to vote against the move. He says she “stood alone” and was “the only member loyal to the law and to democracy”.
Judd notes that local government is supposed to enable “democratic local decision-making” and says giving Māori opportunities to contribute does not mean councils can “hand over decision-making to iwi and hapu”.
Read more over at Brash&Mitchell
Image: Rsfinlayson
