The decision to remove the 5% voter-initiated referendum threshold on Māori wards was not just a policy change – it was a long-overdue correction of a deeply unfair system that discriminated against Māori representation in local government.
REFERENDUM VETO A CLEAR DOUBLE STANDARD
For years, councils and communities wanting to establish Māori wards were forced to confront an additional barrier that no other ward type faced. If just 5% of voters in a district signed a petition, a binding referendum could overturn a council’s decision to create a Māori ward. No such veto applied to general wards. This inequity made Māori representation a matter for public approval, something to be debated and potentially denied, while treating general representation as a given. It was a clear double standard that sent the message that Māori participation in governance was conditional, not constitutional.
DENIED A FAIR SEAT AT THE TABLE
This process had a chilling effect. Between 2002 and 2019, every attempt to introduce Māori wards that was forced into a referendum – nine in total – was overturned. Councils acting in good faith, recognising their Tiriti obligations and the under-representation of Māori in decision-making, were stopped in their tracks by a small portion of voters. Often, this opposition was driven by misunderstanding, fear, or resistance to change, rather than informed debate about equity or partnership. The result was that Māori communities were repeatedly denied a fair seat at the table.
TRUE DEMOCRACY REFLECTS EVERYONE
Among those who stood up against this injustice was Andrew Judd, the former Mayor of New Plymouth, who bravely supported the creation of a Māori ward in his district. For his efforts, he faced abuse, threats, and national backlash, yet he remained convinced in his belief that true democracy must reflect all its people, especially tangata whenua. Judd’s courage sparked a broader national conversation about equity in local government and inspired others to step forward.
That momentum carried through to campaigners like Toni Boynton (now a councillor in Whakatāne), who alongside others advocated tirelessly to remove this discriminatory veto. Their efforts were instrumental in shifting public awareness and pushing for legislative change that would finally treat Māori wards with the same legitimacy as general wards.
MĀORI WARDS ARE PART OF A MODERN DEMOCRACY
I initiated the law change in 2021. Since then, over 30 councils have moved to establish Māori wards, recognising both the opportunity and the responsibility to better reflect their communities. The impact is already being felt, bringing new voices, perspectives, and lived experiences into council chambers across the country.
Removing the referendum threshold was not about giving Māori special treatment. It was about ending a form of structural discrimination that had no place in a modern democracy. I’m proud the change that by introducing Māori wards we are moving towards being inclusive, fair, and guided by Te Tiriti o Waitangi, not held back by outdated mechanisms and attitudes that silenced Māori voices.
PROTECTING WHĀNAU, WHENUA AND WAI
The impact has been positive and immediate. The inclusion of Māori ward representatives has enhanced council discussions on housing, land use, and environmental management, issues where Iwi/Māori have both expertise and enduring interests. Māori wards have strengthened collaboration between council and hapū on matters such as climate resilience and community development. These are not symbolic changes; they are structural improvements that reflect the richness of partnership. The creation of Māori wards has normalised Māori participation in local governance, with councillors across regions bringing greater accountability and ensuring whānau, whenua, and wai are represented in decision-making – alongside thriving places to work, play and live.
STARTING FROM A FOUNDATION OF FAIRNESS
Removing the referendum veto is about more than just changing a rule; it’s about resetting the relationship between councils and tangata whenua. It acknowledges that democracy must evolve to be inclusive. This is not a courtesy that requires permission but a constitutional commitment under Te Tiriti o Waitangi. When Māori are around the decision-making table, the outcomes are better for everyone, more grounded, more future-focused, and more likely to meet the diverse needs of communities.
There is still work to do to ensure Māori wards are well-supported, effective, and representative. But we must begin from a foundation of fairness. Removing the discriminatory referendum provision was the right thing to do, and it’s already making a meaningful difference to the health of our local democracies.
Support Māori wards by voting in the local body elections – Pooti Mai!
Hon. Nanaia Mahuta (Waikato-Tainui, Ngāti Maniapoto, Ngāti Manu, Ngāti Hine) was the Minister for Local Government from 2007 to 2008, and again from 2017 to 2023.
This is an opinion piece and the views expressed in it do not necessarily reflect the views of the PSA.
