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Resolution
number DT/2022/120
MOVED by Chairperson R Jackson, seconded by Member T van
Tonder:
That
the Devonport-Takapuna Local Board:
a)
notes that the Local Government Electoral Legislation Bill (the
Bill) is an omnibus bill intending to amend three statutes, namely the:
i)
Local Government
(Auckland Council) Act 2009, to remove the set number of councillors on the
governing body
ii)
Local Electoral Act
2001, to:
A) provide a revised process for establishing
Māori wards
B) allow minor changes to local board boundaries
for the purpose of alignment between ward and local board boundaries
C) provide more flexibility for lodging candidate
nominations (e.g. electronic nominations)
D) provide more detail around resolving ties and conducting
recounts
iii)
Local Government
Act 2002, to include a new Schedule 3A to provide a process specifically for
unitary authorities which have local boards to consider and manage
reorganisation proposals.
Local
Government (Auckland Council) Act 2009 – removing restriction on the
number of councillors on the governing body
b)
supports the
proposal which would enable Auckland Council to review the number of
councillors between a minimum of 5 and maximum 29 when it conducts a
representation review for the 2025 local government elections, as:
i)
such amendment
would bring Auckland Council in line with other local authorities in New
Zealand which have had this ability,
ii)
the proposal would
enable Auckland Council to consider and respond to its growing population,
and
iii)
it responds to
requests for such legislative amendment made by Auckland Council to central
government since 2015.
Local Electoral
Act 2001 – Māori wards
c)
notes that the Bill
as proposed outlines an amended process for establishing Māori wards,
which does not require or otherwise instruct local authorities that they must
in fact establish Māori wards.
d)
supports the
proposals within the Bill to amend the current process for establishing
Māori wards, in that it:
i)
generally reflects
the position of Auckland Council put forward through its submission on the
discussion document that Māori representation in local government should
be modeled on Māori representation in Parliament, and
ii)
requires engagement
with Māori and the wider community before any decision is taken as to
whether or not council should have Māori representation.
Local Electoral Act 2001 – minor changes
to local board boundaries as part of a representation review
e)
supports the
proposal that unitary authorities, when proposing representation
arrangements, may include proposals for adjusted local board boundaries in
order to maintain alignment where these are minor, while noting that the
extent of permissible adjustment are to be defined in terms of the maximum
population transfer permitted.
f)
notes that the
governing body will consult with local boards on any matters included within
representation reviews that have a local impact, and that the public and
local boards will have the opportunity to make submissions on council’s
final proposal that will be considered by the Local Government Commission.
Local Electoral
Act 2001 – ties and recounts
g)
supports the
proposal that a judicial recount be conducted to resolve a tie, rather than
the current practice of resolving ties by lot.
Local Electoral Act 2001 – candidate
nominations
h)
supports the
ability of candidates to submit nominations in a manner approved by the
Electoral Officer, which would enable nominations to be submitted
electronically.
Local Government
Act 2002 – establishment or reorganisation of local board areas in a
unitary authority districts (Schedule 3A)
i)
notes that the
current provisions contained with Schedule 3 of the Local Government Act 2002
relating to the reorganisation of local authorities is cumbersome when used
solely to address the number and boundaries of local boards within a single
unitary authority.
j)
supports the
streamlined process outlined within the new Schedule 3A for the
reorganisation of local boards within a single unitary authority, as it
provides a process that is more fit for purpose for local boards and requires
a unitary authority to consider the views and preferences of local boards as
part of decision-making.
k)
would not support
any proposal where the reorganization of local boards would be dealt with
through a representation review conducted in a manner similar to community
boards, as local boards as part of the shared decision-making governance
arrangements of Auckland Council, and are not simply a means of increasing
representation at the community level.
l)
requests that
Auckland Council advocates to the Minister of Local Government for the development
and implementation of online voting, as enabled in the Local Electoral Act
2001, to improve voter turnout in Local Elections, noting that:
i.
this would need to
overcome security issues; and
ii.
this would augment,
not replace postal voting
CARRIED
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