Māori Wards and Matike Mai: A Tiriti o Waitangi Analysis

Abstract

There is ongoing controversy around Māori wards and constituencies in local government. This article sets out the history and context of the Māori wards debate, and the impact of this controversy on the representation of Māori. In light of this, this article considers the constitutional significance of Māori wards in relation to te Tiriti o Waitangi. Constitutional positioning of Māori wards is important given the dynamicity of legislation, which impacts the ability of Māori wards to support representation. The article uses the Matike Mai findings of the rangatiratanga, relational and kāwanatanga spheres as a framework for analysis. It argues that Māori wards are not a mechanism that supports the tino rangatiratanga sphere, contrary to recent Waitangi Tribunal findings. Similarly, it finds that Māori wards do not support the relational sphere. However, this article finds that Māori wards are best situated within the kāwanatanga sphere, arguing that increased representation through Māori wards supports Crown obligations of ōritetanga and substantive equality. It considers some limitations to the effectiveness of Māori representation through Māori wards, but overall maintains that Māori wards are an appropriate starting point to support kāwanatanga. Lastly, the article uses these findings alongside the Matike Mai framework to analyse potential alternatives to Māori wards that better uphold te Tiriti o Waitangi.