DON BRASH: Hidden in the Agenda: When Your Vote Isn’t Enough

The following is written in Don's capacity as Hobson's Pledge Trustee

While the hard-working people of Otago go about their lives, the Otago Regional Council (ORC) is moving pieces across the board that fundamentally change who makes key decisions in that region.

A few days ago, ORC held a council meeting, and we spotted something in the agenda that made us tune in to the livestream. Decisions were being made about the new  Integrated Catchment Management Board (ICM), and yet again, a council was ignoring principles of democracy and appointing unelected members to decision-making roles.

It seems like we are discovering erosion of local democracy everywhere we look.  But whenever it is raised with Local Government Minister Simon Watts, he seems to forget the promises he and the Government made about ending co-governance.

If we had an award for New Zealander of the Week, we would give it to Otago Regional Councillor Robbie Byars, who moved to make an amendment that would protect democratic principles. His amendment was:

“The composition of the ICM governance group is to be amended to include only elected councillors and the Otago catchment community's representative as voting members. Remove the provision for mana whenua as members."

The awkward silence in the room was deafening. They even got so flustered that they had to adjourn the meeting after inquiring if Robbie had emailed his amendment in advance, as if failure to do so might be a reason for them to disqualify the amendment.

In the end, Robbie’s amendment was supported only by fellow councillors Michael Laws and Gary Kelliher. Both made excellent remarks about democratic accountability.

But the amendment ultimately failed because councillors Kevin Malcolm, Chanel Gardner, Andrew Noone, Gretchen Robertson, Alan Somerville, Kate Wilson, Matt Hollyer, and Neil Gillespie voted against it.

They voted to hand voting power and governance over to unelected appointees who cannot be removed by you at the ballot box.

The primary recommendation of the “expert” advice relating to the ICM was to create a  "programme-level governance board with mana whenua membership." 

Let’s be very clear about what "governance" means in local government: It means the power to spend your money and make rules for your land. We have a fundamental baked-in problem if “experts” are continuing to make these recommendations to elected officials when the Government has said “no more” to co-governance. Even the legal landscape is clear – our own courts have ruled that councils do not have Treaty obligations, for councils are not the Crown.

This board will now go ahead with members who were never elected by the people of Otago and who cannot be removed at the next election if they perform poorly.  

As I have consistently stated, this is a total departure from the democratic standards of a modern, developed nation.

"The difference between non-elected and elected is clearly obvious. It's called democracy," said Councillor Michael Laws when he spoke in support of Robbie Byars’ amendment.

But this issue isn't just about democracy; it’s about fairness. As Michael Laws pointed out, this structure creates an unbalanced and tiered system of citizenship.

There are many iwi in Otago who are not classified as "Mana Whenua" under the council’s specific definitions. They don't get a special seat. The average Kiwi of European, Asian, or Pasifika descent certainly doesn't get a special seat.

Why is the ORC handing out special privileges to a select few while the rest of the community is told to just keep paying the rates and be quiet?

The Regional Council didn't just give away power; in adopting the recommendations, it also moved to "ensure there is long-term funding secured"  for this board with its unelected members. They want your money, but they don't want your oversight.

This is another example of the deterioration of democracy in local government. We are keeping a black list of these decisions. When the next local elections roll around, we will remind the people of Otago of the eight councillors who decided that your vote wasn't enough.

As I was writing, I was alerted to yet another precarious situation for our democracy.

This time in the Tasman District. So excuse me for just tacking it on the end here. The Tasman District Council has recently decided to appoint iwi representatives with full voting rights to two powerful committees: the Strategy, Finance and Performance committee, and the Environment Regulatory and Operations committee. Plus, they have a “non-voting” iwi representative on the council itself.

This decision was made despite Tasman ratepayers specifically voting for the abolition of Māori wards. Ignoring a referendum and finding workarounds is the height of disrespect for the ratepayers and voters of the Tasman District. What will it take for the Minister of Local Government to take notice and do something about this blatant disregard for democracy?

The decision was a deeply divided vote among Tasman councillors, and we commend those who stood against it. Claims of a "legal obligation" to have unelected Māori representatives are clearly incorrect when the Government legislated for the people to determine whether to have Māori wards or not.

From Otago to Tasman, the blueprint is the same. This is an issue affecting local communities across our entire nation. When activists can’t win at the ballot box, they simply move the goalposts to ensure unelected voices get the final say over your rates and your rights.

We cannot let this "Gated Democracy" become the new normal in Otago, Tasman, Taupō, Gore - or anywhere else in New Zealand, for that matter.

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