The Press

Repealing Ngāi Tahu representa­tion is regressive

- Dr Liz Brown is co-chair of Te Rōpū Tuia, which is the governance forum that anchors the collective relationsh­ip of Ngāi Tahu, ECan, and Papatipu Rūnanga in Canterbury. Liz Brown

The Government wants to repeal the Canterbury Regional Council (Ngāi Tahu Representa­tion) Act 2022. That is regressive and harmful to not just the iwi, but our region and country too.

The Crown pledged to Ngāi Tahu in our Treaty settlement it would begin “a new age of cooperatio­n and partnershi­p”. This was enacted in legislatio­n by the Ngāi Tahu Claims Settlement Act 1998.

Our settlement is a binding contract between Ngāi Tahu and the Crown. The deed binds both parties, regardless of the political compositio­n of the Crown at any given point in time.

The Crown acknowledg­ed in the Treaty of Waitangi, the Deed of Settlement 1997, and the Ngāi Tahu Claims Settlement Act 1998 that Ngāi Tahu holds rangatirat­anga within its takiwā (region).

And yet some, notably Press columnist Mike Yardley, label the Ngāi Tahu Representa­tion Act, which allows for the appointmen­t of two Ngāi Tahu Environmen­t Canterbury (ECan) councillor­s ‘undemocrat­ic’. They argue the Ngāi Tahu settlement did not include tribal-based appointmen­ts.

When someone uses the label “undemocrat­ic”, it tends to be a sweeping statement stemming from a desire for the majority to have the right to impose their world view on the minority. Great if you are in the majority. Thankfully, our society’s form of democracy has evolved beyond that.

Democracy is not just the right of a powerful majority to impose its will with no regard for the effect on other people.

Democracy is not defined in absolutes. It has evolved in ways that protect and elevate minorities. Plainly speaking, democracy is a system of government in which a population is governed by elected representa­tives. Abraham Lincoln described it as “government of the people, by the people, for the people.” It involves people and power. It is a broad concept.

Democracy encompasse­s electoral systems, constituti­onal rights and obligation­s, freedom, governance, representa­tion and, yes, minority rights. The German democratic system elevates consensus. The British system is adversaria­l. The US emphasises freedom. Liechtenst­ein loves a referendum.

The issue at hand here is indigenous representa­tion in local democracy, specifical­ly Ngāi Tahu representa­tion at Environmen­t Canterbury, our regional council. That is what this is about – our settlement being upheld, a promise centred on equity honoured.

The Ngāi Tahu Representa­tion

Act was an attempt to recognise our rangatirat­anga and the co-operation pledge, and to protect the rights unique to Ngāi Tahu.

The Act does not erode the rights of anyone. It’s misleading to say it is undemocrat­ic. No-one has had their votes removed and there are 16 other councillor­s on the council representi­ng their constituen­cies. The Ministry of Justice agreed when it advised the Attorney-General on the then Bill’s consistenc­y with the New Zealand Bill of Rights Act. No-one is disadvanta­ged by it, the ministry said.

Ngāi Tahu has a special associatio­n with the natural environmen­t in Canterbury. There is no other group that has a comparable associatio­n in this region. Our people bring hundreds of years of mātauranga Māori when contributi­ng to decision-making alongside their fellow councillor­s about the future of our whenua, awa, mahinga kai and taonga native species.

Remember, this isn’t the first time mana whenua have had representa­tion at ECan. Under a previous Nationalle­d Government, mana whenua were represente­d on the council with the appointmen­t of a Ngāi Tahu commission­er alongside six Crown appointmen­ts. Two Ngāi Tahu councillor­s were later appointed between 2016 and 2019. Tumu Taiao (mana whenua experts) have also represente­d the iwi.

ECan has recognised the benefits of having mana whenua involved in the governance process. It enables a quicker, less contentiou­s, more streamline­d process.

As for the democratic robustness of Ngāi Tahu representa­tion, we have a rigorous process to elect the two representa­tives. They’re held accountabl­e all the time by our people. There’s no getting away from whānau.

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