Councillor-elect Hilda Halkyard-Harawira reads out her document at FNDC's swearing-in ceremony as Far North Kahika (Mayor) Moko Tepania looks on.
Councillor-elect Hilda Halkyard-Harawira reads out her document at FNDC's swearing-in ceremony as Far North Kahika (Mayor) Moko Tepania looks on.
A Far North District councillor-elect who used her own unofficial document at the new council's October swearing-in ceremony, will on Thursday sign her official declaration.
Hilda Halkyard-Harawira wrote her own document for the Far North District Council (FNDC)'s official October 27 swearing-in ceremony at the Kaikohe Memorial Hall.
She read it out as her oath of office, her document sitting atop the council's official declaration.
Halkyard-Harawira's document was signed by herself and FNDC Mayor Moko Tepania in the hall after the ceremony.
Halkyard-Harawira, the Ngā Tai o Tokerau Māori Ward councillor-elect, is the only Northland council politician still to claim their place as a councillor from among more than 40 across FNDC, Kaipara District Council, Whangārei District Council and Northland Regional Council from among those who attended each council's swearing-in ceremony. All others present used their councils' official declaration forms.
Halkyard-Harawira said after the ceremony her document was not much different from the official document. Local Democracy Reporting Northland sought further comment from Halkyard-Harawira on why she took her document to the swearing-in ceremony but was unable to get this comment by edition time.
Local Democracy Reporting Northland asked FNDC whether it was accepting Halkyard-Harawira's document that was brought to the swearing-in, read out and later signed.
FNDC chief executive Blair King said as a result of signing her own document rather than the official council declaration, Halkyard-Harawira was not yet officially sworn in. She was still a councillor-elect.
"The declaration used by councillor-elect Halkyard-Harawira on October 27 is not the one required by the Local Government Act," King said.
Tepania said he had signed Halkyard-Harawira's document on the understanding it would be acceptable to do so, given that it included the required reference to the Local Government Act 2002 and the Local Government Official Information and Meetings Act 1987. It also included reference to the Treaty of Waitangi. However, subsequent FNDC legal advice was that Halkyard-Harawira needed to sign the official declaration.
FNDC meeting minutes from the livestreamed ceremony state Halkyard-Harawira had recited a declaration at the swearing-in ceremony that was legally invalid.
New FNDC Ngā Tai o Tokerau Māori Ward councillor-elect Hilda Halkyard-Harawira signing the document she wrote and brought to FNDc's swearing-in ceremony.
Halkyard-Harawira will be signing the council's official declaration at Thursday's council meeting in Kaikohe, King said.
FNDC councillors are elected from three designated geographic wards within the council's 7324sq km territory - or in the case of its new Ngā Tai o Tokerau Māori Ward, from a single district-wide electoral area. The Mayor and all 10 councillors are required to serve all across the Far North's 73,800 population, rather than only those in the ward from which they were elected.
The official FNDC council declaration for Halkyard-Harawira's October 27 swearing-in ceremony and required under the Local Government Act reads:
"I Hilda Halkyard-Harawira declare that I will faithfully and impartially, and according to the best of my skill and judgment, execute and perform, in the best interests of the Far North district, the powers, authorities, and duties vested in, or imposed upon me as councillor of the Far North District Council by virtue of the Local Government Act 2002, the Local Government Official Information and Meetings Act 1987, or any other Act.
"Te Ōati ā Kaikaunihera Declaration of Councillor
Ko ahau ko Hilda Halkyard-Harawira ka ōati ai ki runga i te pono me te tika ka mutu ki te taumata a tōku atamai āku whakataunga, ka mahi ai mō te painga o Te Tai Tokerau, haere tonu ki ngā ihi me ngā herenga mahi, ka pā ki roto, ko uruhi ki runga i ahau hei Kaikaunihera o Te Tai Tokerau ki Te Raki, e ai ki te Ture Kāwanatanga ā-Rohe 2002, Te Ture Kāwantanga ā-Rohe mō ngā Kōrero Whakamōhio me ngā Huihuinga Kōrero 1987, me tāpiri atu ki ērā atu o ngā Ture raini.
He mea whakaū tēnei ki Kaikohekohe i tēnei rā rua tekau ma whitu o Whiringa-ā nuku I te tau rua mano rua tekau mō rua. ''
The following is Halkyard-Harawira's October 27 document:
"Te Ōati ā Kaunihera Ka mea ponu au, me mahi mārika au mō Te Tai Tokerau hei painga mō Ngā Iwi Māori, e ai ki He Whakaputanga o Nu Tireni. Me hāpai hoki au ngā Iwi whānui e ai ki Te Tiriti o Waitangi me ngā ture Kawanatanga a rohe o te wā (pēra te Ture Kāwanatanga ā-Rohe 2002, Te Ture Kāwanatanga ā-Rohe mō ngā Kōrero Whakamōhio me ngā Huihuinga Kōrero 1987, me ērā atu o ngā Ture).
He mea whakaū tēnei ki I tēnei te ra 27 o Whiringa a Nuku 2022."
FNDC provided an English translation of Halkyard-Harawira's document, after a Local Democracy Reporting Northland request. It is as follows: "I swear/declare that I will work hard for Te Tai Tokerau for the benefit of iwi/hapū in accordance with the Declaration of Independence. I will also pledge to support the people of the district in accordance with the values of the Treaty of Waitangi (by virtue of the Local Government Act 2002, the Local Government Official Information and Meetings Act 1987, or any other Act)."
Local Democracy Reporting Northland asked for FNDC comment on the difference in who Halkyard-Harawira was pledging to support in the two documents.
"Our induction process for all newly elected members provides a crash course on local government rules, regulations and expectations. There is always a lot to process," King said.
"Councillor-elect Halkyard-Harawira understands her obligations to represent all Far North residents."
King said that Tepania was fully aware of the requirements for councillors to declare the official oath as required under the Local Government Act.
Tepania had explained this to Halkyard-Harawira who had agreed to take the official oath at the council meeting on Thursday, King said.
Hilda Halkyard-Harawira and husband Hone Harawira after FNDC's pōwhiri at Waitangi Treaty Grounds.
In July 2011, Halkyard-Harawira's husband Hone Harawira was thrown out of Parliament after Speaker Lockwood Smith refused to swear him in as MP for Te Tai Tokerau.
Harawira, the then new Mana Party leader, would not deliver his affirmation as dictated by law, attempting instead to read out an oath in which he swore allegiance to the Treaty of Waitangi rather than the then Queen.
He returned and swore allegiance to the Queen to claim his place as an MP several weeks later.
