Repealing Ngāi Tahu representation is regressive
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.