Point of Order: The legality of the mayor’s secrecy motion has gone unquestioned

Malcolm Harbrow, an admirably dogged campaigner against governmental secrecy on his No Right Turn blog, has drawn attention to something the mainstream media missed.

He has focused on the legality of Rotorua mayor Steve Chadwick’s actions at a stormy meeting of the Rotorua Lakes Council.

RNZ is among the media which reported on the meeting, where a motion to move into confidential session over the controversial Rotorua District Council (Representation Arrangements) Bill triggered a a councillor’s immediate resignation.

No Right Turn has provided a link to the council’s livestream recording of the meeting (from 4:15 to 8:15), so we can see for ourselves what happened.

It then notes that RNZ‘s focus is on the resignation, but something has been missed – the mayor’s secrecy motion:

Richard Prebble: Labour’s new kind of democracy

The Maori Affairs Select Committee is hearing evidence on why my vote in this year’s local election should be worth less than a vote in a Maori ward.

The Rotorua District Council (Representation Arrangement) Bill proposes, among other things, to create a Maori ward and a general ward both electing three councilors. There are 21,700 voters on the Maori roll and 55,600 voters on the general roll. My vote will be worth 39% of a vote in the Maori ward.

There are six provisions in our law that are so important for democracy that they can only be changed by the vote of 75 percent in parliament or by a majority in a referendum. One is clause 36 of the Electoral Act that guarantees everyone regardless of race has an equal vote.

Graham Adams: Attorney-General belatedly steps up to defend democracy

As the Labour Government continues its push to undermine democracy in favour of an ethno-nationalist state, it was heartening late last week to see one of its most experienced ministers stand up for democratic process — albeit belatedly.

David Parker — wearing his Attorney-General’s hat — issued his determination on the Rotorua District Council (Representation Arrangements) Bill on Friday, unfortunately after the Māori Affairs Committee had already begun hearing oral submissions.

Despite being unfashionably late to the party, Parker fulfilled his obligations by declaring the bill — which would allow 21,700 voters on the Māori roll to elect three ward councillors while 55,600 voters on the general roll would also elect three ward councillors — to be inconsistent with the Bill of Rights Act. He concluded the bill would limit the right to be free from discrimination and “cannot be justified”.

The Attorney-General has, as Crown Law describes it:

Graham Adams: Ardern struggles to defend unequal suffrage

It is hardly surprising that the question of equal political rights for all New Zealanders is becoming a very touchy subject for Jacinda Ardern. Mid-way through her second term, that question is becoming every bit as sensitive for the Prime Minister as mention of KiwiBuild or a capital gains tax was in her first.

A major difference, of course, is that KiwiBuild and a CGT were policies she openly promoted and campaigned on in 2017. However, a comprehensive and far-reaching co-governance project to give more political rights to unelected iwi members and Māori voters never featured in her campaign for 2020’s “Covid” election.

Unfortunately, the very first clause of the Labour Party constitution inconveniently speaks against such manoeuvres:

Point of Order: Local Govt Commission over-rides Rotorua’s undemocratic voting model – but what will Labour-majority Parliament do?

Kiwiblog today reports that the Local Government Commission has completed a determination for Rotorua which will result in three Māori Ward Councillors being elected, but without sacrificing equality of suffrage.

As Kiwiblog tells us, the commission favours –

* An urban general ward – 48,410 people elect six councillors – 8,068 population per councillor.

 

* A Māori ward – 21,700 people elect three councillors – 7,233 population per councillor

* A rural general ward – 7,200 people elect one councillor – 7,200 population per councillor.

This means the commission has rejected Rotorua Lakes Council’s model which comprised one Māori ward seat, one general ward seat and eight at-large seats.

To implement the council model, special legislation has been introduced to Parliament to over-ride requirements of the Local Elections Act.