The new Auckland Super City Council will now have Maori seats only if ratepayers force a referendum approving them or a future council is sympathetic enough to create them of its own accord.
Prime Minister John Key yesterday rejected a last-ditch Maori Party bid to get the seats by making them a conscience vote issue, which would have allowed some National MPs to support them.
Under the Local Electoral Act, a poll could be held on the issue if five per cent of ratepayers sign a petition or a council could decide to create the seats.
A public poll could be held with the first council election in October 2010.
Maori Party co-leader Pita Sharples says he will propose amendments to include the seats when the legislation setting up the council goes through Parliament. He called on Mr Key to allow his MPs to treat it as a conscience vote issue.
If National and Act opposed the seats on a "one person, one vote" rationale, they should apply the same reasoning to their caucuses and allow their MPs to vote according to their own views.
Mr Key was quick to rule this out, saying it was a Government bill, and voting would be done on party lines.
Mr Key also sought to downplay tensions between the Act, Maori and National Party MPs after the fallout from the decision descended into personal insults.
A supporter of the Maori seats, National MP Tau Henare said Act leader Rodney Hide was "a buffoon" and "a jerk-off".
Mr Henare's views had support from Maori Party MP Hone Harawira, but were dismissed by Mr Key as "unhelpful".
The clashes gave Labour leader Phil Goff ammunition to say damaging splits were appearing in the support arrangement between National and the Maori Party.
Mr Key said it was inevitable there would be disagreements and some would end up disappointed, but he remained confident the Government could work through such problems.
"We have people that come from the right and people that come from the left and inevitably from time to time that will create some tensions."
Mr Henare said he was disappointed at the Cabinet's position but would not cross to floor to vote against the Government.
He also expressed anger at the Maori Party for suggesting National MPs take such a course, saying he did not believe he should put his job at risk when others who had more at stake were not doing so.
Dr Sharples said he had now decided to push for the conscience vote issue rather than ask others to cross the floor and put their jobs at risk.
Mr Hide has denied breaching the confidentiality provisions in Act's support agreement with National by disclosing details of the discussion Mr Key had with him about the Maori seats in June.
Mr Hide claimed Mr Key approached him with a proposal for National to introduce Maori seats by way of amendment so Act would not have to vote in support of it.
Mr Key said he could not remember the detail, but he was simply trying to find the boundaries of Mr Hide's stance on introducing the seats.
But Labour and the Maori Party have said Mr Hide's version shows Mr Key had intended to introduce the seats but backed down because of Mr Hide's threat to resign his portfolios.
Act's agreement with National requires discussions to remain confidential unless otherwise agreed.
Mr Hide said he had not sought Mr Key's agreement before revealing the contents of the discussion, but did not believe he had broken the confidentiality provisions.
Mr Key also tried to deflect criticism from Mr Goff that he reduced the select committee process to "a sham" by making the decision before that committee reported back.
Mr Key said the Government was in constant contact with its members on the select committee, had met many of the affected groups several times, and had read many submissions.
"We listened to the submissions. That does not mean we have to agree with them."
Last two chances for Maori seats
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