Rotorua District Council (Representation Arrangements) Bill

Rotorua District Council (Representation Arrangements) Bill

Local Bill

114—1

Explanatory note

General policy statement

This Bill specifies representation arrangements to apply to the next 2 triennial general elections of the Rotorua District Council, operating as Rotorua Lakes Council (the Council). The Bill provides for representation arrangements that would otherwise be prevented by the Local Electoral Act 2001. The Bill also provides for the representation arrangements to apply to subsequent triennial general elections, by Order in Council.

Background

On 21 May 2021, the Council resolved to establish a Māori ward and then commenced a Representation Review. Following the Representation Review, on 19 November 2021 the Council resolved that the ideal representation arrangement for Rotorua would comprise—

  • 1 mayor elected at large:

  • 1 Māori ward with 3 seats (Te Ipu Wai Taketake ward):

  • 1 general ward with 3 seats (Te Ipu Auraki ward):

  • 4 at large seats:

  • a Rotorua Lakes Community Board:

  • a Rotorua Rural Community Board.

However, as the ideal representation arrangement is not currently enabled under the Local Electoral Act 2001, the Council also adopted an interim representation arrangement to apply until such time as the ideal representation arrangement can be implemented by a local Bill.

Reasons for local Bill

The Council’s ideal representation arrangement is currently prevented by clause 2 of Schedule 1A of the Local Electoral Act 2001 as it does not satisfy the formula currently specified for calculating the number of Māori ward members of the Council.

Purpose of Bill

The purpose of this Bill is to provide for the Council’s ideal representation arrangement to apply for the 2 triennial general elections following the Bill coming into force. The Council considers that this representation arrangement provides for fair and effective representation.

The Bill also provides for this representation arrangement to be extended to subsequent triennial general elections by the Governor-General by Order in Council, following notification by the Council and consideration by the Minister of Local Government (the Minister).

Clause by clause analysis

Clause 1 is the Title clause.

Clause 2 relates to commencement. The Bill, once enacted, is to come into force on the day after the date of the Royal assent. However, if assent occurs after 1 June in a year in which a general election must be held in accordance with section 10(2) of the Local Electoral Act 2001, the Bill will come into force on the later of—

  • the day after the date on which it receives the Royal assent; and

  • the day after the date specified in that section as the day on which the election must be held.

Part 1Preliminary provisions

Clause 3 sets out the purposes of this Bill. These are to—

  • provide for a representation arrangement for the Rotorua District Council comprising—

    • 1 Māori ward; and

    • 1 general ward; and

    • membership of the Rotorua District Council as follows:

      • 3 members elected from the Māori ward; and

      • 3 members elected from the general ward; and

      • 4 members and 1 mayor elected by the district of the Council (the Rotorua District) as a whole; and

    • a community to be known as the Rotorua Lakes Community and a Rotorua Lakes Community Board; and

    • a community to be known as the Rotorua Rural Community and a Rotorua Rural Community Board; and

  • modify the application of the Local Electoral Act 2001 to the Council.

Clause 4 defines certain words and expressions that are used in the Bill.

Clause 5 provides that the Bill binds the Crown.

Part 2Representation arrangements

Subpart 1—Application

Clause 6 stipulates that the provisions in the Bill apply to the 2 triennial general elections (including any associated election) following the commencement of the Bill.

Clause 7 provides that the Governor-General may, by Order in Council, on the recommendation of the Minister, extend the application of the Bill beyond the 2 triennial general elections (as stipulated in clause 6) to any subsequent triennial general election and any associated election.

Subpart 2—Wards, communities, and representation arrangements

Clause 8 declares the division of the Rotorua District into the following 2 wards:

  • 1 Māori ward called the Te Ipu Wai Taketake ward:

  • 1 general ward called the Te Ipu Wai Auraki ward.

Clause 9 declares the constitution of the following 2 communities, as delineated on plans deposited with the Local Government Commission:

  • Rotorua Lakes Community:

  • Rotorua Rural Community.

Clause 10 provides the representation arrangements for the Council, a Rotorua Lakes Community Board, and a Rotorua Rural Community Board, with members of the council and boards elected and appointed as specified in that clause.

Clause 11 provides that the Governor-General may, by Order in Council, on the recommendation of the Minister, alter boundaries of the communities created by clause 9.

Subpart 3—Relationship with other Acts

Clause 12 provides the general relationship of the provisions in the Bill with that of the following Acts:

  • Local Electoral Act 2001:

  • Local Government Act 1974:

  • Local Government Act 2002.

Subpart 4—Other provisions

Clause 13 provides that nothing in the Bill limits the Council’s capacity to enter into co-governance arrangements with local iwi, including Te Tatau o Te Arawa Charitable Trust.

Clause 14 requires the Council to send a copy of the Bill, once enacted, to the persons listed in section 19Y(2) of the Local Electoral Act 2001. The Council must discharge this obligation as soon as practicable after the Act comes into force.