Kaipara council keeps political review despite pending Māori ward ruling

Kaipara District Council Māori ward supporters outside the Auckland High Court on September 11.

A three-week public consultation on Kaipara District Council’s political arrangements for the next local elections is still in place despite an ongoing legal challenge.

Hot on the heels of canning its Māori ward, the representation review opened on September 10 and is up and running.

But at the same time, a high court judge has yet to rule on a legal challenge that could mean Te Moananui o Kaipara Māori ward remains in place for local elections in October 2025.

Kaipara District Council (KDC) chief executive Jason Marris said the council was continuing with its representation review to meet statutory deadlines and he had not been given any indication of when the judge’s decision would be made.

“In the meantime, we must continue to comply with the legislated requirements for those.”

There are 3880 people currently represented by councillor Pera Paniora in Te Moananui o Kaipara Māori Ward.

Te Rūnanga o Ngāti Whātua wants the council’s August 7 abolition decision overturned and Te Moananui o Kaipara Māori Ward to remain for the next local elections.

The rūnanga applied to the high court for a judicial review over concerns about what it said was a lack of consultation as part of KDC’s abolition decision.

The rūnanga, on behalf of Te Uri o Hau and with support of the iwi, hapū groupings of Kaipara including Te Roroa, Te Kuihi Kai Raupo and Ngāti Wai, wants the council’s abolition decision overturned and Te Moananui o Kaipara Māori Ward to remain for the next local elections in October 2025.

Kaipara District Council's Māori ward decision meeting in Mangawhai on August 7. Photo / Michael Craig

KDC said in its high court hearing statement of response that it had not breached consultation requirements, but that if the judge found that had happened it should not have to rescind its Māori ward decision.

Marris was asked whether KDC would be appealing the high court decision if the judge said the council should rescind the Māori ward disestablishment vote and reinstate the electoral area.

Marris said the council would consider its next steps, if any, once the decision was issued.

He has already indicated the representation review does not include revisiting whether the council has a Māori ward. That decision had already been made on August 7.

KDC has to review its political structure after becoming New Zealand’s only council to abolish its existing Māori ward in the wake of the new August 1 central government law. Public submissions close on October 2.

Its public notice outlining the council’s initially proposed new-look political structure was sent to the Local Government Commission on September 13, the deadline for that arrangement to be put together.

Kaipara District Council Māori Ward councillor Pera Paniora (centre) walks into the High Court at Auckland on September 11 with supporters Kiri “Mervyn” Pirika (left) and Simon Mitchell

The council is proposing cutting back the number of councillors it has for the next local elections after its Māori ward is gone.

This proposed 2025 elections political structure is for nine politicians – eight councillors across three wards, plus the mayor elected at large.

That contrasts with its currently 10 politicians – nine councillors across four wards, plus the mayor.

Hearings for those who put in submissions about the new proposal and want to have their say on those will be held on October 9.

KDC will formally consider all submissions on October 16.

The final proposal, with or without changes, will be adopted by the council on October 30.

Those objecting to this final proposal will have the chance to have their say during a three-week objection/appeal period in early November.

Te Moananui o Kaipara Māori Ward covers the whole of Kaipara and represents those on the Te Tai Tokerau Māori electoral roll.

Marris said the new proposed wards would include those Māori and the general population.

KDC proposed political structure for next year’s election is:

Kaiwaka-Mangawhai Ward: (10,500 people with three councillors representing 3350 people each. There are currently 9260 people in the existing Kaiwaka-Mangawhai General Ward represented by three councillors). This area comprises the southeast section of Kaipara, including Kaiwaka, Mangawhai township, Mangawhai Heads and surrounding areas, Oruawharo, Oneriri Peninsula and Hakaru. Its boundaries will stay the same in the new proposal.

Meanwhile, under the proposal part of the new Otamatea Ward will include a northern boundary extension into the current Wairoa General Ward to balance population numbers.

This 8250ha extension will mean about 110 people shift into the new Otamatea Ward from the existing Wairoa General Ward.

Otamatea Ward: (6180 people with two councillors representing 3090 people each. There are currently 5240 people in the existing Otamatea General Ward represented by two councillors). This area comprises State Highway 12 townships between Tokatoka to Maungatūroto, including Ruawai, Matakohe, Paparoa, Taipuha, Ararua, Pahi, Whakapirau and Tinopai.

Wairoa Ward: Wairoa Ward: (11,000 people with three councillors representing 3,667 people each). There are currently 8890 people in the existing Wairoa General Ward represented by three councillors). This area comprises Dargaville township and the surrounding area through to Waipoua Forest, including Kaihu, Aranga, Donnellys Crossing, Mamaranui, Omamari, Baylys Beach, Hoanga, Tangowahine, Tangiteroria, Te Kōpuru, Pouto, Turiwiri and Arapohue.

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