Summarised by Centrist
Dr Muriel Newman argues local government has become vulnerable to unelected influence because Parliament has left loopholes in place.
Her focus is the Far North District Council’s Te Kuaka Committee, where 10 unelected representatives were appointed with voting rights alongside six elected councillors.
Newman says the appointments are legal because Schedule 7 of the Local Government Act allows a council to appoint people to committees who are not elected members, stating that “a local authority may appoint to a committee or subcommittee a person who is not a member of the local authority”.
She cites Gary Judd KC, who argues councils must act in an “open, transparent, and democratically accountable manner” and says providing Māori input does not mean handing over decision-making power.
She further points to Hart v Marlborough District Council, which found local government powers come from statute, not the Treaty itself, unless Parliament expressly says otherwise.
Newman proposes two legislative fixes.
First, amend Schedule 7 of the Local Government Act so that council committee members must be elected members of the local authority. Newman says this could be done through a Supplementary Order Paper to the Local Government (System Improvements) Amendment Bill.
Second, make the change retrospective so existing iwi and council arrangements are abolished.
Newman also says new planning and natural environment laws should state that arrangements between unelected groups and councils should lapse when the new laws take effect.
Editor’s note: ACT MP Cameron Luxton’s private member’s bill would amend the Local Government Act to remove councils’ ability to appoint unelected committee members with voting rights. Speaking to Michael Laws on The Platform, Luxton said only those who had “gained the democratic mandate from their constituents” should be able to vote on council committees. He said advisory input from iwi, youth, industry or other groups was “perfectly reasonable”, but voting rights should be reserved for elected representatives who can be held accountable at the next election.
