Mayor Rehette Stoltz clarified the definition of the term “bylaw”. It was “mainly best practice”, she said. “It does not mean someone is going to sit there and write out fines . . . if it’s criminal activities, police will enforce that.”
Cr Nick Tupara said the term was confusing for Māori communities and suggested calling it “tikanga or kawa”.
Cr Rawinia Parata said when it came to people drinking at cemeteries “we should not allow for parties, but we should allow space for our rangatahi to grieve in their own way”.
When a young person died, rangatahi processed that death differently from when someone had had a long life, she said.
Deputy Mayor Josh Wharehinga noted that “asking those unruly persons to quiet down for burial proceedings has been successful”, according to the report.
Cr Aubrey Ria raised a point on a clause that could target gangs.
Prohibiting offensive and intimidating content on monuments was “a grey scale” area, she said.
“Personally, I am not offended or intimidated by any gang insignia. I’ve never had a negative interaction with a gang member. “
She said “probably most people had not had a negative personal experience with a gang member in the last 10 to 15 years”, and that perception of intimidation came from media coverage of gangs.
“I understand not having profanity (on monuments), as this is offensive to the majority, but removing gang insignia actually affects hundreds of gang members in our community,” she said.
Cr Tony Robinson said he struggled with the idea of putting a draft out to the public that limited insignia or any other symbols “on the basis that it’s an exceptional exception to the Bill of Rights Act.”
“If you see something on someone’s headstone and you take offence, it’s a big cemetery —walk away”.
Chief Executive Nedine Thatcher Swann said if you allowed one, you allowed all.
“It’s not just Mongrel Mob and Black Power,” she said.
Cr Tibble said it was important to remember the history and why there might be gang insignia.
“Where Māori are heavily populated inside the gangs, there’s an actual whakapapa for why that expression exists the way that it does today.”
Cr Teddy Thompson agreed with the discussions and said: “Everybody has different ways of showing respect.”
The discussions also showed that grave digging was another issue of concern.
Cr Ani Pahuru-Huriwai mentioned that on the Coast whānau dug and filled their graves as this was an important part of their healing.
“Why is it that whānau are not able to fill in the grave?”
Ms Thatcher Swann said allowing whānau to dig their own graves became a health and safety liability for the council.
Cr Parata suggested a middle ground of allowing men on site during the digging process, even if they were not actively digging or filling the grave.
“A way that keeps council safe in terms of health and safety but also allows for us (Māori) to complete our cultural process of ensuring that the hole is done”.
“It’s a process of honour for the person we are putting in the ground.”
Councillors endorsed the findings of the report.
The next stage will b e engaging with tangata whenua to help develop a draft bylaw which will then go out for consultation in June.