Petition to the House of Representatives regarding the Kaipara District Council's 'Legal Government Obligations to Māori' document

This is a petition to the Government to request the Kaipara District Council to either abolish or rescind the "Legal Government Obligations to Māori" document. 

The Kaipara District Council's recent decision to adopt the document has sparked serious concerns. This issue is of critical importance to us because we believe this document represents an attempt to change the fundamental interpretation of the Treaty of Waitangi at a local government level. In our view, it is an example of the very same concerns that led to the national debate around the Treaty Principles Bill—namely, the redefinition of treaty principles without public engagement. The adoption of this document in without any consultation is, in our opinion, a breach of democracy.

This is not a routine local matter but an attempt by a council to unilaterally interpret a document of national importance namely the Treaty of Waitangi.

This is a matter that goes beyond local jurisdiction and has implications for how all councils could operate up and down the country. 

Furthermore, the Kaipara District Council, in adopting this document without public consultation, has failed to meet its legal obligations under the Local Government Act 2002. This action, we believe, is in breach of the principles of consultation outlined in Section 82 and the general decision-making requirements of Section 77 of the Act. Public consultation is a cornerstone of democratic governance, ensuring transparency and accountability. By bypassing this process, the council has not only contravened legal obligations but also undermined public trust.

The cultural implications of this document's adoption without consultation cannot be understated. The Treaty of Waitangi is a foundational document in New Zealand, representing the partnership between Māori and the Crown. Any attempts to reinterpret treaty principles must be met with comprehensive and inclusive discussions involving all stakeholders.

As quoted by National News Media:

Cr Wilson-Collins said the document undermined the Treaty of Waitangi as a constitutional document, treating it more like a political courtesy.

She said the document denied councils had Treaty obligations, claimed Māori had no right to consultation or outcomes, and framed participation as a burden.

"This is disrespectful to local mana whenua," she said.

We request the government to:

• Investigate the council's decision-making process.
  Refer the matter to a Select Committee for an inquiry into the council's actions and whether they have complied with the Local Government Act 2002.
• Consider legislative action to clarify the roles of local councils in interpreting national law, especially concerning the Treaty of Waitangi.
• Make a decision for the council to either abolish the document entirely or force them to rescind it. 

If you stand by the principles of democratic participation. Please sign this petition to demand the Government take action in regards to the Kaipara District Councils decision making processes.