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Local Government (Auckland Council) Bill

In Committee

Tuesday 15 September 2009 (advance copy) Hansard source (external site)

HughesHon DARREN HUGHES (Senior Whip—Labour) Link to this

I seek leave for an additional matter regarding the ability for members to take multiple calls and not be limited—

TischThe CHAIRPERSON (Lindsay Tisch) Link to this

That was in the leave sought. That is the case.

Parts 1 to 4, schedule, and clauses 1 and 2

HideHon RODNEY HIDE (Minister of Local Government) Link to this

I will give an overview of the Local Government (Auckland Council) Bill: it is the second of three bills that together will result in Auckland’s regional and local affairs being governed by one mayor, councillors all being elected from local wards, and local boards having real authority.

The Government has kept its eye on the goal shared by all Aucklanders, which is to be a truly world-class city based on effective regional governance, on regional matters, and on strong local representation. Throughout, we have sought one mayor, one council, and one plan for Auckland. That is what we will now have. We have not worried about those who confuse—and I put the Labour members in this camp—listening and being responsive with backing down. There has been no back-down on the principles we put forward when the royal commission first reported. When the Government announced its first high-level decisions, the Prime Minister said that the aim was to allow Auckland to, firstly, think regionally; secondly, plan strategically; and, thirdly, act decisively. That remains the goal and that is what is to be done by this bill.

We have shown it is possible for a Government to make decisions in a way that takes account of others’ views and that is still speedy and effective. That is what good Government is about. We want local government that gets on with it and gets things done, rather than just endlessly talk about it. We want local government that listens and will change its mind, and will have the courage to stand by its assessment of the fundamentals. We want local government that does things in a transparent way and makes decisions in an open way. That is the sort of decision making we have seen with this bill.

TwyfordPhil Twyford Link to this

Like on Māori seats!

HideHon RODNEY HIDE Link to this

We were challenged by the royal commission to make the changes needed in time for elections, a little over a year from now. Much to Mr Twyford’s horror, this Government is on track. We are on time, and, unlike—as Mr Twyford admitted—the Labour Government, we are delivering for Auckland. I remind listeners what Mr Twyford said Labour delivered for Auckland.

Hon Member

What did they do?

HideHon RODNEY HIDE Link to this

Well, apart from the Hon Judith Tizard, it delivered nothing.

The report of the Royal Commission on Auckland Governance was not the only thing known about the need to reform local government in Auckland. Auckland’s future has been debated for decades. In fact, I say to Mr Twyford that Michael Joseph Savage stood on a one council policy in 1919. Forty years later the New Zealand Herald ran a series of articles about the need for a change. Various efforts were made, but they were all too late and they were all too little. The result is the Auckland that we have today—a structure that actually has no defenders. I have not heard any party in this Parliament stand up and say that what Auckland has now is optimal or good.

This Government will not wait. Auckland deserves better and Auckland deserves it now. The royal commission heard about endlessly increasing rates, suffocating red tape, transport bottlenecks, delayed development, and lost opportunities. This bill will not solve those problems, but it will give Auckland one mayor, a council, and local boards with the powers, structures, and authority to do so.

In an area that is home to 1.4 million people there are many diverse neighbourhoods and diverse needs. The Auckland region must be able to attract and keep people; operate efficiently; offer an unparalleled lifestyle; and enable business, arts, and sports to flourish. Many of the things holding Auckland back relate to the way the city is run. Important Auckland-wide matters get tangled up in the competing interest of local councils, and community concerns get tangled up in the local councils’ perspective on Auckland-wide matters. It is time for a fresh approach. This is the beginning of a process that will lead to better connections across the region, better value from rates and central government funding, and community control of what matters in our neighbourhoods. The price of doing nothing is far too high, not just for Auckland but for all New Zealanders. Let us make Auckland, this great place, even greater. Let us make Greater Auckland great.

The Auckland region has tremendous natural advantages. One-third of New Zealand’s population lives there in an outstanding natural environment, and it is New Zealand’s principal business centre and gateway to the world. But there are weaknesses, and these decisions are all about addressing them. Those weaknesses are due to the structure of governance in the region, with competing leadership, duplication of facilities, complex and fragmented decision-making processes, and weak accountability. That is what these bills will fix. The functions that require region-wide decision-making must have governance arrangements that meet that need, thus the move to a single city. Just as important, the functions that are best performed at the local level should have advocacy in decision making at that local level. That is why we have strengthened community representation.

There were 3,500 submissions to the royal commission, there were 2,500 to the Auckland Governance Legislation Committee, and there has been intense media coverage. I and the Associate Minister, the Hon John Carter, have fronted up to meetings, so too have Cabinet Ministers, and so too have Government MPs. We have fronted up to meetings, news conferences, and interviews. Our decisions and the Cabinet papers leading to them have been published. Every possible criticism has been made. Every possible position has been supported. Everyone has been able to have a say. We will meet the challenge of the royal commission to have the new Auckland Council in place for next year’s elections.

Through this process Aucklanders have shown that they care passionately about their region. As a consequence, I have every confidence that the new structures will bring forward people able to give Auckland and its communities the representation they so desperately need to create a world-class city. Thank you.

HawkinsHon GEORGE HAWKINS (Labour—Manurewa) Link to this

We heard the Minister of Local Government talk about the high-level decision that the Government has made, and, indeed, it was very high. It was far too high to involve the public in the very early stages when the Government embarked on this plan. The Government did not have any select committee hearings on the first bill on this reorganisation of Auckland governance, the Local Government (Auckland Reorganisation) Bill. Things were put in place so that it was inevitable that all that was left to debate on this second bill, the Local Government (Auckland Council) Bill, was how the new super-council would operate. I think that is something that people in Auckland do not understand.

Many people made a lot of preparation before they went along to the Auckland Governance Legislation Committee. These were people who had given years of their lives working for ratepayer groups, community groups, and local clubs etc., and they felt that something was being taken away from them. Something was going to go, and they had no control over that. I said earlier that I thought John Carter chaired the meetings very well. But the trouble was that a lot of people did not understand how things worked. I hear Rodney Hide saying how good it will be to have one mayor for Auckland. It may well be, but a lot of people want to keep their local mayor.

I think one of the things that the Government has not understood is the relationship that people have with their present councils. We saw it when we went out to Henderson. We saw the people of west Auckland making submissions. They were passionate, and they believed in Waitakere. They even believed in Bob Harvey. That surprised me somewhat. They spoke with real passion about Bob Harvey.

In south Auckland, of course, we have Len Brown. People think that he does a great job. He gets around and sees the very young people whom others feel a little intimidated by. He talks in their language, and he gets around schools and public meetings. In Papakura, Calum Penrose has real passion. As mayor he is out until 2 a.m. making sure that kids get home safely. That will not happen with the new super-council with a super-mayor. Perhaps that is what people are really upset about. People are mourning the passing of their councils. That is something the Government has not fully understood.

I am proud to say that in South Auckland we elect Māori and Pacific Islanders on to councils, and that is really important. When the Government decides how many wards will be elected and how many people will be in each ward, I hope the Government does not count out those Māori and Pacific Island people who have put themselves up for election. It is very easy for those who have money, who can advertise, and who can write to people to get their message across, but in South Auckland the real value we see in having councillors who are Māori, Pacific Islanders, and even Asians is that they understand the people in their area. That representation reflects the area, and that is hugely important. Unless the representation reflects the area that people live in, we lose something that will be very hard to recover.

KayeNikki Kaye Link to this

Why did you only want six councils?

HawkinsHon GEORGE HAWKINS Link to this

If they were councils, that would not be so bad, but they will not be councils. That member knows they will be little, toothless boards. The member thinks that if we have enough toothless boards, the Government will have something that people really want. Well, I was at a meeting in Papakura last night and I know that is not what people want. They do not want a toothless board; they want a council that can make real decisions and spend the money, not have to go begging for it from the regional council, the super-council, the greater council, or whatever one wants to call it. They do not want to go begging. These people have pride. They want to be able to make their own decisions for their community. It is really important that people take part in their community.

One of the things that people talk about a lot is that people are not as involved in politics as they were many years ago. I do not see it that way, because I have a huge membership—

HawkinsHon GEORGE HAWKINS Link to this

Huge; I get close to a thousand. I have to say—

BridgesSimon Bridges Link to this

That’s not so big in National Party terms.

HawkinsHon GEORGE HAWKINS Link to this

The National Party in Manurewa has about five members, and that is exactly the point I am making. People are not involved.

People want to be involved, but they want to be involved locally. There is nothing wrong with that, but it is not what the Government understands. The Government thinks that big is best. People in Auckland realise that big is more expensive. They fear that their rates will go up—and they most certainly will. People who live in areas where there have not been so many leaky buildings think that their council will have to share the costs faced by other councils that need to fix up their mistakes. They feel that although they had no say over those decisions, they will have to pay. They feel quite strongly about that. They also feel that many of the little organisations that have survived because they have been helped and funded by their local council will not be able to get the same help in the future.

People in my area talk with a lot of passion about the swimming pools and say that kids can get into the pools without a charge being made to them. That is very, very important.

CarterHon John Carter Link to this

And they’ll still be able to.

HawkinsHon GEORGE HAWKINS Link to this

The chairman of the Auckland Governance Legislation Committee says they still will be able to, but that is for the Auckland Council to decide. That is not certain.

CarterHon John Carter Link to this

Not the Auckland Council; the local board will decide.

HawkinsHon GEORGE HAWKINS Link to this

The local board may do, if it has enough money, but it has to go begging for that money. I do not think that members should be so dishonest as to say that of course swimming pools will be free. They may not be, and that is the trouble. People realise that they may not be free.

Then we have a situation with libraries. The select committee had some good submissions on libraries, but what will happen in areas where libraries serve across a boundary? That will quite possibly happen, so people will feel that the ownership of something will be taken away from them. Members should reflect on that issue over the next 16 hours of debate.

HawkinsHon GEORGE HAWKINS Link to this

The member for Tauranga, who sat on the select committee because the Government could not find enough Aucklanders—

TwyfordPhil Twyford Link to this

He never said anything.

HawkinsHon GEORGE HAWKINS Link to this

He never said anything; he turned his back on the Māori people. He may feel smug that he has a big majority but Winston Peters once thought that he had a big majority as well. When a member stops listening and becomes a know-all, that is when he or she is on the way down.

The ordinary people, the mums and dads, feel that they are losing something in this deal. My challenge to the Government is to explain to people, over the next 16 hours of debate, how people will find things.

CarterHon JOHN CARTER (Associate Minister of Local Government) Link to this

I take this call because there are three or four things that we need to clarify, but first there is one point that I want to make about the whole system of how the Auckland Governance Legislation Committee worked. All the members who were involved will understand this, and, indeed, most people in the Chamber will understand it, but the public will not as much. I repeat what I said earlier, in my speech in the second reading of the Local Government (Auckland Council) Bill, when I thanked all the members of the select committee—and there were quite a number of them across the whole of the hearings. There really was a lot of cooperation, and the bill, I think, has been the better for it, because primarily the matter was not political at the select committee. It was about a whole bunch of politicians being really intent on trying to get the legislation as right as we could, given that there were political views. I think it is important to say that.

The point I want to make, for a start-off, is that when we are in a committee listening to submissions, it is a judgment call, at the end of the day, as to exactly what the public have said. We can judge it by the numbers, we can judge it by the strength of arguments, or we can judge it by a whole lot of other factors, but of course there will always be different views expressed on different issues. So for a start-off I say we can never please everybody. That is the first point. The second point is that finally it is a judgment call, and, funnily enough, politicians and Governments get it right most of the time and sometimes they get it wrong. A question was asked earlier by Phil Twyford about what happened with regard to the Rodney boundary. I want to say, as I said last night, that I got it wrong. What I thought I heard the submissioners tell us in Rodney was—

ChadwickHon Steve Chadwick Link to this

How many other mistakes are made?

CarterHon JOHN CARTER Link to this

I am happy to concede that I got it wrong, not the select committee. I guided the National side of the committee.

I ask members to just let me make this point, because it is an important point to make. I thought I heard the people of Helensville and Kaukapakapa, and of the towns in what is called the western corridor, absolutely say they wanted to be part of the Auckland unitary authority. I thought that was what I heard them say. They said they wanted to stay as a rural local board if they could, but they certainly wanted to be part of it. We also heard from the submitters of Whangaparāoa and Ōrewa that they too wanted to be part of the Auckland unitary authority. But when it came to the northern part, I thought I heard the people there say they wanted to stay out, and, indeed, I guess, I was guided a bit by the people from Wellsford, which is at the very bottom part of the Northland electorate. So I recommended to the select committee, and particularly to the members on the Government side of it, that we should draw the boundary to the north of Ōrewa and Kaukapakapa. I got that wrong, because, of course, when the story got out we received a volume of submissions from the north side, saying they wanted to stay in.

I am happy to concede that the Government then made a decision. I worked with Rodney Hide and took a recommendation to Cabinet, and then to caucus, to say the boundary should be moved. I am pleased that the Government listened and was prepared to make that change. I think we need to acknowledge that that is exactly what happened. To Mr Twyford, who questioned why it went wrong, I concede responsibility for that.

But I make this next point, because I need to put it on the table. I will move on to a point that actually matters. I will talk now about the local boards, because I heard the Hon George Hawkins make comments about whether the boards will work. It has been the intention of the select committee to empower the boards. To anybody who stands up and says the committee did not get that right, I tell that person to look at the committee’s voting record regarding the local boards. Every party that was part of the select committee voted for the local boards as they are. All parties voted for those powers: Labour did; the Greens did. Sue Bradford, I have to say, was probably the most strident member in asking the officials what the powers of the boards meant. She was constantly asking whether the provisions of the bill would give powers to the local boards. The officials kept saying, yes, they were based on the principle of subsidiarity, etc.

The boards will have tremendous power. They will be able to make their own decisions for their communities. The members of the Labour Party—George Hawkins, Phil Twyford, and Su’a William Sio; they were the people who were there, mainly—and the others who were there all agreed that we had got the power right. When it came to the voting, it was unanimous that on that particular matter we got it right.

Let me explain, in principle, how the system works. When the new unitary authority is established, one of the functions of the Auckland Transitional Agency will be to go and look at the local boards, when it knows what the local boards are—the area of the local boards, who they are, how many there are, what they will be, and their names. It will take that information from the Local Government Commission and it will ask, in the case of, say, Devonport, for example, or Waiheke Island, which is definitely going to be a local board, as is Great Barrier Island, which of the activities that happen right now in Auckland City matter for the local board of Waiheke Island, or for the local board of Great Barrier Island, or, as I say, if there is a Devonport local board, or a Papakura local board in George Hawkins’ area. The Auckland Transitional Agency will go to those boards and tell them which of the functions currently carried out by the respective councils are not regional functions, but are local functions that matter to the people. The Auckland Transitional Agency will prescribe to the boards those functions. Alongside that, it will advise them of the size of the budget the council is giving to allow those activities to be carried out. So the boards will be allocated that budget.

That sets the benchmark. Those local boards then get the authority to carry out those functions and will receive the funding for them. Once that is in place, the only way they can be removed is by negotiation. The unitary authority cannot come along and say it is too bad, but even if the Auckland Transitional Authority gave a board responsibility for providing swimming pools for free, or whatever the function might be, the board cannot do that. The fact is that any change has to be done by negotiation and agreement. If there is disagreement, then in the third bill we will establish an arbitrary committee that can make a decision as to who is right and who is wrong. So those authorities and those functions will be protected. If the unitary authority tries to remove them arbitrarily, it will go against the principle of the bill. It will go against the principle. So the boards are empowered.

I ask members to take the time—and I say this particularly to the Green members, because Sue Bradford asked this constantly, and I say this to the other Sue, Sue Kedgley—to please study what is happening. All the members who were there at the committee agreed that we actually got it right on this matter. It was and is our intention to empower the local boards. Phil Twyford did not vote against it, George Hawkins did not vote against it, Su’a William Sio did not vote against it, and Sue Bradford did not vote against it. They thought that the committee had got it right. It is important for people to understand that it is the intention, and, indeed, it will be the outcome, that the local boards will be able to do those local things.

I will talk about one other thing in that regard. George Hawkins raised the issue of libraries. I suspect that in regard to libraries what may well happen is what a good number of submitters said: that the best library system we could have is one that is unified for service delivery across Auckland. That makes sense to me. But, of course, the local community will want to have an input into where its library might be located, etc., and it will still be able to. The unitary authority will set an overarching policy in regard to library services, because the best way to run them is on a regional basis, but the local boards will still have an input into how that works. There will be cooperation and agreement on it. That is one example.

Swimming pools are another example. Manukau, for example, already has, and will be given by the Auckland Transitional Agency, the responsibility for running its swimming pool. It will decide whether the pool is free; not the unitary authority. I say to Mr Hawkins that the local board will make that decision. The local board will be given the funding for that activity, if that is what it wants to do. It can provide free access to swimming pools for its people, because that is how the system works right now. But it will be the local community that will make that decision, not the Auckland unitary authority.

That is why we talk about empowering the local boards. That is the reason why we have written the legislation in the way that it is: because the community asked us to make sure that we give responsibility to it to make the decisions that matter to it—and we have done so. One of the things I would like to suggest is that some of the journalists also have a good study of this issue. I will talk more about it later, because my time is running out and someone else will want to take a call.

LockeKEITH LOCKE (Green) Link to this

I want to talk a little bit about representation in Auckland and making any new body there much more representative of its total population. I think the Government has underestimated the feeling amongst Aucklanders that their very culturally diverse city is not being fully represented in all its aspects. That is particularly reflected in the debate over the refusal of the Government to allow specific Māori seats. There is also under-representation of other ethnic communities, new migrant communities, and Pasifika communities. If we look at the voting for council positions across the Auckland region, we see that there has been very much a dominance of people with European names.

One of the ways of overcoming that, apart from the Government changing its mind and reinstating Māori seats, as recommended by the Royal Commission on Auckland Governance, is to introduce the single transferable vote (STV). I support my colleague Sue Bradford’s amendment to clause 23A to replace first-past-the-post voting with single transferable voting. What it means is that cultural minorities do not need to get, say, 50 percent of the vote to get in. If the new, multi-member wards have, say, three representatives, then the candidates need to reach a threshold of 25 percent; if they have four representatives, the threshold is 20 percent, and it is much easier for minorities to be represented. It is a very successful system that is used in Wellington and many other places in New Zealand. I think the citizens of Wellington really like the system. It is used successfully in the Australian Senate. It gives good representation to minority parties, including the Green Party.

It would also be valuable for the mayor of this Greater Auckland body. We already have two candidates for mayor—John Banks and Len Brown—and others may come into the race. If there were, say, five candidates, then the winning candidate might gain the very important position—unfortunately, it is too important in terms of its powers—of mayor with just 25 or 30 percent of the vote, with the vote being split between the five candidates. However, if we had STV, then each successful candidate for a one-position vote, such as the vote for mayor, would have to get 50 percent or more of the vote, after preferences are distributed from the losing candidates upwards. So it is very important.

Sure, people say that perhaps later on we can have STV, but would it not be best to start out with the right system? It is much harder to change systems. In changing systems sometimes we have the problem of incumbents who are sitting there under the first-past-the-post voting system not wishing to change to STV, because it might endanger their particular position, even though a more representative system would be the result. We have tried in the past to have STV in Auckland through petitioning. A few years back the Greens and others were involved in a petition. We tried to get 10 percent of electors to sign it in order to force a referendum on STV. It is a hard struggle to get the right number of signatures for such a petition. It is a lot of work. It would be much better if we started off with the best system.

The report of the Auckland Governance Legislation Committee acknowledged the popularity of the STV voting system. It was more popular amongst submitters than any other system. In a place like the North Shore, for example, if there were three or four representatives in a ward, STV would allow minorities and people from different parts of the North Shore to be elected.

TwyfordPHIL TWYFORD (Labour) Link to this

I acknowledge the gracious apology—the mea culpa—from the Minister in the chair, John Carter, over the Rodney boundary shambles. I think that is the best description for it. John Carter makes it difficult for a member of the Opposition, because he is so reasonable and nice. On this side of the Chamber, we fantasise that there might be a Government with more people with the kinds of principles and integrity that are exhibited by John Carter. But I do not think we will let that member off the hook so easily. I do not mean to be ungracious, but I want to explore the issue a little more.

The Royal Commission on Auckland Governance spent a long time considering the issue of boundaries. If members have taken the trouble to read the commission’s report, they will know that the royal commission presented some very thoughtful and persuasive arguments about the environmental and planning reasons for the Auckland boundaries being left where they are to include all of Rodney and Franklin. The commission made the case that a city the size of Auckland, growing as fast as it will over the next 50 years, faces a huge challenge in managing and containing its growth so that it does not continue to sprawl endlessly into the countryside. The simple rationale for having those extended boundaries is that in order to stop that endless growth we must have a peri-urban or rural fringe area of sufficient size beyond the urban limits but within the boundary of the authority. If we do not have that, we inevitably get the building up of huge development pressures on the other side of the urban boundary, and the leap-frogging of development into the rural area beyond the city boundaries, where, typically, we have rural councils not unlike the current Rodney District Council and certainly not unlike Kaipara District Council, which simply do not have the resources and wherewithal to manage and control that growth.

That is precisely the situation we would have seen if Rodney had been partitioned as was proposed. The northern beaches that have been protected and safeguarded by the Auckland Regional Council in the face of huge development pressures would have been subject to a carve-up and, I would confidently predict, some inappropriate development in the years to come.

The reasons the royal commission put forward were compelling, yet the methodology this Government used to decide the boundaries of Rodney seemed to be pretty much a case of: “Oh, a whole lot of National voters are getting cross with us about this boundary, so I think we’ll just cut the problem in half and make half of it go away.” To be quite frank, that is mediocre thinking and decision-making, and it does not do much credit for this Government.

I will quote David Shand, one of the royal commissioners, who said last night about the consultative process that this Government has run: “The consultative process has been a bit of a shemozzle.” For members who are not familiar with the term “shemozzle”, it is Yiddish, meaning a confused situation. Mr Shand said “I think people are pretty dissatisfied with the way the consultative process has been run.” I would say that that is an understatement. In June, just a few weeks back, the Business Council for Sustainable Development commissioned a poll by ShapeNZ that quizzed more than 2,000 people, and 31 percent were opposed to the super-city, while 27 percent were in favour. More people opposed the super-city in every council area of Greater Auckland than supported it, except for Auckland City, which was the only area where there was a slim majority in favour of the Government’s proposals.

HeatleyHon Phil Heatley Link to this

Was that 27 percent?

TwyfordPHIL TWYFORD Link to this

Yes, 27 percent were in favour.

HeatleyHon Phil Heatley Link to this

That’s the Labour Party polling.

TwyfordPHIL TWYFORD Link to this

This is the Business Council for Sustainable Development. Of the people polled, 63 percent said they believed that the consultation process run by this Government was inadequate. Only 13 percent said they believed that the Government’s consultative process was adequate. Here is the clincher: 70 percent of people polled in a sample of more than 2,000 people said they believed that the Government should hold a referendum. That is a very interesting question. I think we should come back a number of times during this debate to the question of why this Government chose to confiscate the right of Aucklanders to a referendum on this forced amalgamation under the Local Government Act.

KayeNikki Kaye Link to this

The royal commission didn’t recommend a referendum.

TwyfordPHIL TWYFORD Link to this

As it stands, every other citizen of New Zealand who is affected by a forced amalgamation is entitled to a vote on whether their council should be subject to a forced amalgamation. We have to ask ourselves why the Government would choose to take that right away from Aucklanders.

KayeNikki Kaye Link to this

Because we listened to the royal commission.

TwyfordPHIL TWYFORD Link to this

The member for Auckland Central wants to know why we disagree with the royal commission. No one says the royal commission got everything right. I have not said that, and no one on this side of the Chamber has said it. The fact is that 70 percent of people polled in June in the ShapeNZ poll said they should have a referendum. Some members of the Committee, including the Minister of Local Government, have claimed that the issue of the super-city is so complex that we could not possibly put it to a referendum. I ask members of this Committee to think about the referendum on MMP, because that was the last major constitutional change to our system of government. What did we have? We had a royal commission and two referenda. I put it to the Committee that the change of Auckland governance—the creation of a new system of regional government—is in fact the most significant constitutional change to our system of government that we have seen since the introduction of MMP.

There is no good reason why it should not have gone to a referendum. There is no reason why Aucklanders should not have had a say about whether they wanted the Auckland super-city. This Government had every opportunity to develop and advance the proposals for the Auckland super-city, to consult, to give people a say, to refine the proposals, to put them through a select committee process, and to then put the final, fully finished, and completed proposal in front of the people. I have yet to hear any convincing explanation in this Chamber from this Government about why that was not done. This whole process was a shemozzle, according to David Shand, and it has had the effect of—

TwyfordPHIL TWYFORD Link to this

S-h-e-m-o-z-z-l-e. The way this Government has mishandled the whole governance reform process over the last 5 months has made Aucklanders suspicious, mistrustful, and anxious that this Government is corporatising their democracy, that it wants to run Auckland as if it is a business, and that the final goal is privatising our assets. Not only that, but that suspicion and that mistrust has spread south down through the map to all other parts of New Zealand. People fear, quite rightly, that the Auckland super-city is a guinea pig for local government reforms that will be rolled out around the rest of the country. The Minister of Local Government, Rodney Hide, said that the reforms were being modelled in a way that would enable them to be “replicated around the country” and that “if the super-city worked well, it could be a model for the rest of the country”. So is it surprising that people are scared that this whole corporatisation of democracy in Auckland is going to be rolled out around the rest of the country?

Hon Member

Corporatisation!

TwyfordPHIL TWYFORD Link to this

Well, I guess National was doing some polling, because it did not take very long for John Key to back away from that idea. He distanced himself very quickly and said, as he always does, “Oh, that’s just Rodney talking.”

BridgesSIMON BRIDGES (National—Tauranga) Link to this

It is very good to take a call on the Local Government (Auckland Council) Bill. I will start where Phil Twyford and his contribution finished by talking about the great weight that Labour puts on the Royal Commission on Auckland Governance and also on a referendum. But the royal commission, which Phil Twyford puts great weight on, said that a referendum had only superficial appeal. I give the member a bit of advice as a new member like him: something National is doing very well is listening and then, once it has listened, acting. We do not need to have a referendum on these things to know what to do, and that is one of the big reasons why our political party has been doing well in recent polling.

I want to start in this 16-hour discussion—and I am sure we will hear from Phil Twyford a number of times—by commenting on its length. It is quite right that we take our time with this bill, and that we have the time to go into some detail where it is necessary to deliberate, to consider, and to really get into what is a very significant step forward for this country. The interesting thing about that is the view—again, Phil Twyford has talked about it, and it is big point that Labour members made in their minority report and in their contributions in this Chamber, if we can call them that—that we are getting the process all wrong, and that we are not taking enough time. I think having a 16-hour debate shows just how well we are taking the time on this matter. We want to air the views. We did that, of course, in the Auckland Governance Legislation Committee so ably led by John Carter; I will come to that very soon. But I want to say again, with some degree of seriousness, what a privilege it is to have been on this select committee. I do not want to get all teary-eyed on Phil Twyford, but I will be able to say to my grandchildren—God willing—that I was on the select committee and that we did something to make Auckland a lot better than it was.

One of the things that made the select committee so successful, probably the critical thing, was not George Hawkins—he was good, and I will come to him—but the very able, skilled, and calming chairmanship of the Hon John Carter. In his entire time on that select committee he did not get angry, he did not talk over people, he listened a lot, and when it was necessary he made interjections and comments. He did a tremendous job, and I know that all members on the select committee share my view on that. Without going through all the members of the committee, I say that it was a very positive committee, it worked well together, and—I will come back to this—it listened very, very hard to the people of Auckland. Because of that we have been able to make a number of improvements to this bill. As John Carter said time and time again on the select committee, we took the bare bones of the legislation and put flesh and muscle on it. That process was very good and it was a privilege to be a part of it.

Because we are here for 16 hours it is worth pondering for a moment the importance of the task that we face and that we in the select committee faced. We were dealing with the biggest city in Aotearoa New Zealand by a very, very long way. We were dealing with a very diverse—vibrant, but diverse—city where I, and I am sure I am no different from many in this Chamber, have family and whānau in the North Shore, out in the east, out in the south, and out in the west. It was a privilege to see the unique characteristics of all those parts of the city, and one of the standouts for me was seeing how different the characters of various communities could be in the city and isthmus of Auckland.

In my remaining time I want to talk—

TwyfordPhil Twyford Link to this

Say something interesting!

BridgesSIMON BRIDGES Link to this

It is bound to be as interesting as Phil Twyford’s speech. The “worm” went down very quickly after Phil Twyford started talking. The journalists all went to get a cup of coffee and they have come back to hear me.

I want to talk just a bit about the single transferable vote (STV), which Phil Twyford and Keith Locke mentioned. The Nats listened, and John Boscawen for ACT listened very carefully and had an open mind, on the issue of STV versus other electoral systems. But it was very clear in the end that when we are introducing a new system of governance on the scale that we are—a united new form of governance with one mayor, one council, and the new beefed-up local board structure that Aucklanders will have to come to grips with; I am sure they will—it was a step too far to add the additional complexity of an STV system. It would be confusing. STV operates in some of the local elections in Tauranga, where I live, and I do not mind admitting that I cannot work it out. Maybe Phil Twyford can work STV out—he is a smart guy; he is a Fabian socialist, I think they say—but it is a system of some complexity and we were already introducing a new system for Auckland.

One of the more interesting submissions we heard, in Papakura, related to Papakura’s different electoral systems. Under a mayoral system that is not STV, there is a 2 percent wasted vote. It was staggering to me that for the district health board election under STV the figure for wasted votes, from recollection, was 18 percent. We do not want to see wasted votes in the city of Auckland; we want them all to count, whether people are voting for “Banksie”, Mike Lee, Len Brown from “Browntown”, or whomever it may be on the council and on their local boards. We were open-minded about that submission. We thought long and hard about it, but, in the end, I think we came to the right decision in relation to STV and the electoral system.

Sitting suspended from 6 p.m. to 7.30 p.m.

ShearerDAVID SHEARER (Labour—Mt Albert) Link to this

I will speak on the Local Government (Auckland Council) Bill. I am in a rather unusual position, because I became involved in this issue halfway through a by-election. The by-election focused on two key issues. One was the Waterview Connection tunnel, or non-tunnel. Unfortunately, on Friday the Government announced that a motorway will be constructed right through the middle of a community in my electorate, splitting Waterview in two. The other issue was the super-city. The overwhelming number of people whom I spoke to—and I moved around and spoke to probably 4,000 or 5,000 people—felt that they had not been listened to.

It is that issue that I will speak on this evening: the process by which the super-city has gone ahead. Most people would agree that Auckland needs a unitary city, and a city that can be world class. I think we agree on that point. There are many advantages in having a city that is joined up and much more coherent than it has been. But there is a way of doing that, and that way has not been followed in this instance. The Royal Commission on Auckland Governance heard 3,500 petitioners and submitters, and $4 million was spend on the consultation process. When the National Government came in, it more or less put the report to one side within a few days of it being made public. Instead, the Government put out its own version of events and of the way that it saw Auckland proceeding. Most of the people in my area received a pamphlet. An entire report was reduced to a pamphlet that bore no real resemblance to the report of the royal commission. People were discouraged. They had been told that they could be heard before a select committee. But in this pamphlet they were told that there would be 20 to 30 local boards, that those boards would be toothless, and that they would be largely responsible for dog control, noise control, and graffiti. There would be a number of at-large councillors, which meant that only the rich could afford to campaign, and Māori seats were to be largely rejected.

I sat in on only a small number of the hearings of the Auckland Governance Legislation Committee, but I believe, as my colleagues have said, that it was a good select committee process and that it was well chaired. The great weight of the submissions to the select committee wanted to reverse many of the Government’s actions and change the way that it was moving forward. There has been change. The select committee process has created a very different bill from the one we started with, but it is still largely insufficient, and that is because of another part of this process. The other part of the process is that the bills were debated under urgency, with very little consultation. It was a rushed process.

Labour demanded a referendum. It is curious that there has been a push by the Minister of Local Government to have referenda on issues of great importance, yet he did not want or expect any referendum on the very issue of whether Auckland should become a super-city. People did not get a real say. The royal commission was ignored and the select committee process left a lot of disquiet and a lot of things unchanged. Māori representation, as we have heard, was rejected. That was rejected before the select committee even came out with its findings. The number of councillors was increased, but we need still more. The assets that Aucklanders overwhelmingly feel are at risk still need protection. Monitoring and accountability, the very key aspects of this bill, still need to be focused on.

We were looking for strategic leadership, but what we have is the gutted proposal that was first put forward, and it has wobbled along in a process that has been ad hoc and haphazard. It has been a shemozzle, as David Shand reported, right up to the very end. And now, at the eleventh hour of this bill’s progress, we find that Rodney, which was out, is now in. But what about Franklin? Half of Franklin still remains out. My advice to the people of Franklin is to keep pestering this Government, because if they make enough noise, then what will happen is that their area will be incorporated and they will be involved as well. This Government is not following any strategy. It is simply lifting up its finger and feeling which way the wind blows, and that is the process that has been followed on this occasion.

Labour has put forward a number of amendments. Those amendments will be tabled over the course of the next few hours. I hope very sincerely, on behalf of all Aucklanders, that this Government will listen to those amendments. Thank you.

ColemanHon Dr JONATHAN COLEMAN (Minister of Immigration) Link to this

What the heck was that speech all about? All I have learnt from that speech from David Shearer is that Labour has never had a policy on Auckland regional governance. What we have heard today is that Labour members want to have a referendum on this issue. Well, that is news to me. I am pretty sure that it is news to Phil Twyford, as well. The member David Shearer said that the Government was not listening, and now he has said that the Government is listening too much. I think that pretty much sums up the Labour Party’s approach to Auckland governance.

For those members it has just been a political football. They have not come to the table with anything constructive at all. They have said that there is something wrong with everything that the Government has done. They were against the super-city, then they are for it, and now, tonight, we hear that they want a referendum. The fact is they are not interested in getting Auckland moving. But I tell members that Mr Shearer and Mr Twyford had better get with the programme, because the Labour Party candidate Len Brown has already declared, yet members of the parliamentary Labour Party are saying that they are not sure whether they even want this reform.

We have to look at why we are having this reform and why we need a unitary authority. The reason is that Auckland governance across the region has not worked for many, many years. It needs an assertive Government and an assertive Minister of Local Government to take it by the scruff of the neck and to turn Auckland into the fantastic, world-class city that this country needs and the people of Auckland deserve. I can tell members that if we had left it to that mob over there, we would not have a decision. We would not have anything happening in time for the local government elections in 2010. There would be no progress. There would be no plan for infrastructure across Auckland. There would be no working together as a city to solve the issues.

In fact, what did Phil Twyford say about this? Phil said: “There was a feeling for quite a long time that the city wasn’t working properly, with traffic problems, crappy infrastructure”—excuse me—“and a downtown that looked like a bombsite. There was a lot of grumpiness about that. I think our Government was very late in coming to the party and doing something about that.” All we can tell from this is that Labour members are all over the paddock.

If there was another thing that Phil Goff should have added to his long list of apologies on Sunday, then I think it should have been an apology to the people of Auckland for the lack of leadership, the indecisiveness, and for not having a plan. Thank goodness that we have Rodney Hide and John Carter, who have put together a workable plan. They have listened to the people of Auckland. They have listened to the people of Rodney. Those people know that this super-city will be a winner.

The problem with the Labour Party is that it will go with whatever the polls show. Those members started off thinking that this would be the issue that would bring down the Government. Then they found that Aucklanders want a unitary authority. They want to get the city going. They want this, and it is a good plan. This Government supports it, that lot over there do not. Aucklanders will not forget that.

KedgleySUE KEDGLEY (Green) Link to this

I think that Aucklanders, far from wanting this local council restructuring as the previous speaker Dr Coleman said, will be disillusioned. When people see behind the spin and realise what is being set up in terms of the Auckland Council they will be utterly disillusioned. The people who are elected to the funny little impotent local boards with four to nine members—which, I note from the bill, are not even given the status of a local authority; they are unincorporated societies—will be very frustrated, and I think the people of Auckland will be extremely frustrated when they realise what is happening.

The mayors of Auckland, who have actually taken the time to read this bill, have reached that conclusion themselves. The Mayor of North Shore said that Aucklanders will realise that “behind all the government spin and double-speak” all they have got is “an all powerful super Auckland Council, a super Mayor with even more power than before, 20 to 30 completely powerless local boards with no statutory powers or resources in their own right, and no place for Maori at the table.”

CarterHon John Carter Link to this

Sue, you’ve got it so wrong.

KedgleySUE KEDGLEY Link to this

The mayor went on to talk about the community backlash that will occur once people recognise that the best that these local boards can do is advocate their case to the local council, or try to plead their case for inclusion in the next local government plan. John Carter is telling me I have got it all wrong.

KedgleySUE KEDGLEY Link to this

Well, perhaps he would like to turn to clause 13D and look at the critical principles for how we allocate the decision-making responsibilities of the Auckland Council. The bill holds out the prospect that the local boards will be given some delegated responsibilities, but then subclause (2)(b) states unless “(i) the impact of the decision will extend beyond a single local board area;”. Well, what decision will not? It goes on: “or (ii) effective decision making will require alignment or integration with other decisions that are the responsibility of the governing body;”. What decision by a local board, a local community, will not require alignment or integration, and therefore can be vetoed by the Auckland Council? Then it states, and this is the most waffly of all, unless “(iii) the benefits of a consistent or co-ordinated approach across Auckland will outweigh the benefits of reflecting the diverse needs and preferences of the communities within each local board area.” What waffle!

What that provision is actually saying is that the Auckland Council has the power to veto any decision that is made by any local board. The local boards will be completely subservient to the all-powerful Auckland Council. They will have no staff of their own and no resources of their own. The Auckland Council will hold the purse strings and will allocate some money, provided that—and this is spelt out—every other local board gets the same amount. When we actually look behind all the spin we see that all that the local boards are able to do, all that they are responsible for, is to identify and communicate the interests and preferences of the people to the Auckland Council, propose some local by-laws—which the Auckland Council has to agree to—and a few non-regulatory activities that are allocated by the Auckland Council.

Aucklanders should be under no illusion: if John Banks is the Mayor of Auckland, he will have extraordinary, almost Draconian, powers. He will appoint his inner cabal. He will be able to appoint all the chairs, the deputy chairs, and the deputy mayor. He can appoint himself the chair of any committee he likes. These are powers, I might say, that no other mayor in New Zealand has. He sets the agenda. He decides the council plans and the budget.

He decides what processes and mechanisms the Auckland Council will have to engage with the people of Auckland. What does that mean? He will decide—he and he alone, the bill says—how the Auckland Council will consult Aucklanders. What say the mayor decides he cannot be bothered consulting Aucklanders, particularly if we have some contentious legislation or contentious issues, such as selling off assets? That, of course, is the hidden agenda behind all of this. He will get to decide how the council will consult the people of Auckland. The Local Government Act contains specific consultation mechanisms. Does paragraph (aa) of clause 9(3) override the provisions in the Local Government Act that local councils are required to follow? The Act spells out quite clearly consultation mechanisms for major things such as the sell-off of assets. I am assuming that this bill means that the mayor can ignore those provisions, which every other council is required to follow, just as this Government has ignored the provisions of the Local Government Act in ramming through this major change without requiring a poll.

The people of Auckland need to look at these provisions and understand the implications of them. I speak not just as someone who has been peering at this legislation, looking at all the clauses, and realising we could drive a tractor through them; I also speak as a former city councillor. I know from my 8 years on the Wellington City Council that once the mayor gets to control the inner cabal, the chairs, and the councillors, he will—and I say “he” advisedly; it will be a “he”, it seems—appoint them all and they will be beholden to him. He will able to set the agenda for Auckland and ram it through.

He will also be able to veto virtually any decision that any local board has made. There will be 20 to 30 of these tiny local boards, with four to nine members. They will be so fragmented, so tiny, so impotent that they will not be able to represent the grassroots interests of local communities. Local government works best if it represents the grassroots, if it represents local communities. Well, I can tell members that this set-up is far from being grassroots. The council will be huge. It will probably be the largest organisation in New Zealand. Certainly, I believe that it will have more assets—$28 billion worth—than any other organisation in New Zealand. It will have up to 6,000 staff—that is, if Rodney Hide and John Banks do not get rid of most of the staff. It will be a huge organisation, and, really, it will be a form of state government; it is not local government—apart from these funny local boards, which are just community boards with a different name.

BlueDr Jackie Blue Link to this

No, they are not.

KedgleySUE KEDGLEY Link to this

I can hear a National member saying: “Oh no, they’re not.” The New Zealand Herald has pointed out that the commentary is full of the distinct roles that the boards will have. It states that there will not be a hierarchical relationship, that the local boards will have distinct roles. But, the New Zealand Herald said, anyone looking for the distinct roles in this bill will look in vain. That is what the mayors of Auckland have said. The Mayor of Waitakere, Bob Harvey, said that the local boards will be so subservient and impotent that they will be like sewing circles.

If people actually take the time to go through the bill, they will find that, basically, the Auckland Council of 20 councillors will be the governing body—it has even been given that name. The local boards will have the ability to consult their communities, but, beyond that, they will be absolutely subservient. They will not have any staff of their own. They are not able to own property. They are completely creatures of the Auckland Council. Sure, they can advocate in their communities, but anything they decide can be vetoed by the Auckland Council. I think that when Aucklanders realise that, they will be bitterly disappointed. They have heard all the spin. The Government has said it has listened to the people of Auckland, made changes, and given the boards powers. But if people actually analyse the bill, they will realise that, behind all the spin and the double-speak, the local boards are just as subservient as they always were. I can see John Carter trying to leap to his feet; he has done a marvellous job of spinning this, of saying that the Government has given the boards powers, but the truth is it has not given them any powers.

CarterHon JOHN CARTER (Associate Minister of Local Government) Link to this

I really, really need to respond to that member, Sue Kedgley. The first question I have to ask myself is why she does not speak to the person in the bench next to her, Sue Bradford, who actually supports exactly what the Auckland Governance Legislation Committee did, along with the Labour Party, and along with every other party represented on the select committee. We worked hard. I hope she is listening, and not listening to Phil Twyford, who supports what we did in the Local Government (Auckland Council) Bill in this regard. I draw to Sue Kedgley’s attention the fact that the select committee was unanimous. I really need Sue Kedgley to listen to this; I wonder whether Phil Twyford will allow Sue Kedgley to listen to me. The fact is that the whole select committee unanimously backed this part of the legislation.

Let me explain to Sue Kedgley and to some others who did not listen—such as Andrew Williams, Bob Harvey, and a journalist called Bernard Orsman, who just did not want to understand what is happening—how this works. The Auckland Transition Agency has the responsibility, come 2010—

RoyThe CHAIRPERSON (Eric Roy) Link to this

The member Phil Twyford cannot stand in the aisle and conduct a discussion. There is another way for him to do that.

CarterHon JOHN CARTER Link to this

Thank you, Mr Chairman, for interrupting. You can interrupt me any time you wish. The fact is that in 2010 or before, once the Local Government Commission has made its decision about how many boards there are and where they are, it will look at those functions. I say to Sue Kedgley that Waiheke Island is a classic example, or Papakura, if it gets to be a board. The Auckland Transition Agency will then look and ask what the current functions of the Papakura District Council are, and what current functions the Auckland City Council carries out on behalf of Waiheke Island. These are the sorts of questions that Sue Bradford asked in the select committee, because she wanted to be convinced that the legislation was right. These are the very questions she asked. The answer she got was that the Auckland Transition Agency will look and say what Auckland City Council currently carries out for Waiheke Island, or Papakura, or wherever it might be—for example, Devonport. The local boards will be allocated those functions by the Auckland Transition Agency.

Alongside those functions, the boards will be given a budget to cover the cost. Sue Bradford, the Labour Party, the National Party, and the Māori Party all questioned to make sure we got that right. So the fact is that those functions will be allocated to the local boards. Once they are allocated, they become the domain of the local boards; the unitary authority cannot take those functions off them. For example, if there happens to be a Manukau local board, in whatever form, and one of the things that is allocated to the Manukau local board is its swimming pool, and the fact that it is a free swimming pool, it will become the domain of the Manukau local board. I tell Ross Robertson to listen, because he really needs to understand this. It is really important. His party supported this, so he needs to understand why it did. George Hawkins, Su’a William Sio, and Phil Twyford supported it. The whole committee supported it. The Manukau local board gets allocated the responsibility of looking after the Manukau swimming pool. It gets funds to allocate it. The local board then makes the decision as to whether access is free. The local board makes that decision, not the unitary authority.

As things progress, the unitary authority carries out the regional functions that it is responsible for, and if, for some reason, the regional authority or the unitary authority decides that it should have a say in what happens, then it has to be by negotiation. If the local boards say that they will carry on doing their swimming pool, or those functions that Waiheke Island has been allocated, or if the Papakura local board says it will carry on doing what it is doing, then the unitary authority cannot interfere with those responsibilities and functions. That is what Sue Kedgley’s colleague sitting next to her, Sue Bradford, ensured happened. Sue Kedgley needs to read the whole bill. She can wave it round as much as she likes. I will take my jacket off and wave that round—it means about as much.

RoyThe CHAIRPERSON (Eric Roy) Link to this

No, you won’t.

CarterHon JOHN CARTER Link to this

I am trying to explain to the member how the bill actually works. In fact, if it helps I will take a lot more off and wave everything round, and see if that helps her understand what is going on.

The point is that we have made very clear steps to ensure that the local functions that the local boards want to have are granted to them, that those functions are funded, and that the boards have the ability to carry them out. Regardless of what the member thinks she is reading here, I say she should talk to her bench mate, Sue Bradford. She will tell her; she questioned the officials time and time again. I tell Sue Kedgley to talk to the Labour members; they questioned the officials time and time again. So did we, on this side of the Chamber, to make sure that we got it right. When we came to vote on the provision, it was unanimous, because we know that we are empowering the boards, and that is what the people of Auckland wanted to happen. That is what the Minister of Local Government said would happen. That is what I said would happen. That is what the select committee said would happen. That is what will happen. The people in the communities will have their voice. The people in the communities will have their local democracy. The people will have their heart. That is what they asked for and that is what they will get.

I say to Sue Kedgley that I understand that if one reads this bill by itself, one could misinterpret it. I understand why Bernard Orsman actually misunderstood it. Having read it for 10 minutes—I know he is a clever journalist—he suddenly realised that the Labour Party had got it wrong, the Green Party had got it wrong, the Māori Party had got it wrong, the National Party had got it wrong, the select committee had got it wrong, the officials had got it wrong—[Interruption] No, Bernard Orsman was right, just the same as Sue Kedgley says she is right! Funnily enough, everyone who had been working on it for all those months—all the select committee members, the Labour Party, the Green Party, the Māori Party, and the National Party—had apparently got it wrong, according to Bernard and Sue Kedgley.

I say to her, to Bernard, and to those others to please understand that we will be allocating functions to the local boards; the Auckland Transition Agency will do that. They will then allocate the funding to allow them to carry those functions out. The unitary authority cannot interfere with those responsibilities unless it is by agreement. If it tries to interfere it actually goes against the principles of the bill, which are most important, and it can be taken to court. But I tell the member that in order to ensure that a whole lot of litigation and ratepayer money will not be wasted, we will in the third bill put in a disputes tribunal that will rule on those instances. That is what the member’s colleague on her bench asked to make sure would happen. She was assured that it would happen. I know it will happen. The Minister said it would happen. I will make it happen. The select committee will make it happen.

I ask members in this Chamber to please understand that these boards are empowered. They are not weak-kneed. They will have the right and the responsibility to represent their communities, because that is what Aucklanders have wanted. That is what we will give them. The most important thing we could do, while we had the regional structure in place to look after those regional issues, was to ensure that the heart of Auckland was looked after, retained, and allowed to get on with its life. We have made sure that that has happened. I tell the member not to misread the bill, and not to misrepresent what is happening, because we have given the boards more power than they ever thought they were going to get. They will do such a good job for their communities.

The member can wave the bill round as much as she likes and I will wave anything she wants me to wave at her. But I tell Sue Kedgley to understand and to talk to her bench mate, because it was unanimous at the committee. There is more work to be done, but by the time those local boards get out there they will do everything their community wants them to do. They will have the money to do it, and they will have the muscle to do it. That is what this bill is all about. That is what the select committee has brought back to this Committee. It is what Aucklanders wanted, and it is what they will get. Thank you.

FentonDARIEN FENTON (Labour) Link to this

This is my first opportunity to speak on the Local Government (Auckland Council) Bill tonight. I have to say that I am concerned that we are here in the Chamber and are once again rushing through important legislation under urgency. The process the Government is adopting is becoming a little bit of a bad habit. We are seeing this, week after week. Here we are making major constitutional changes for New Zealand’s largest city, in which a third of New Zealand’s population lives, and again these issues are being progressed under urgency.

I want to respond to the honourable member Jonathan Coleman. He may think that people on the North Shore do not care about this issue, but actually they do.

ColemanHon Dr Jonathan Coleman Link to this

They do, and they’re in favour of it.

FentonDARIEN FENTON Link to this

They are not in favour of it.

ColemanHon Dr Jonathan Coleman Link to this

How would you know, Darien?

FentonDARIEN FENTON Link to this

Because I have been to the meetings. That member has not been to the meetings. He was not at the select committee to hear the submissions from the North Shore. He has not been talking to people on the North Shore and he is not listening. Is that member saying he disagrees with the Mayor of the North Shore? Is that what the member is saying? The mayor is saying about the process that after all the community effort to have their voices heard, and all the Government’s contrived flip-flops, back-downs, and Cabinet-level tantrums, we are essentially back to square one. I would be interested to hear a response from that member.

I think what we are seeing again is that National thinks it is fine to ride roughshod over the people of Auckland. National thinks it is fine to pretend that a process has been undergone, and then to override that process by making decisions even before the select committee outcome is known. I have to say that Aucklanders have been appallingly let down. Firstly, National took away from the people of Auckland the right to vote on the proposals in a referendum under the Local Government Act. Then National set up the rushed process of a 3-week select committee in order for it to make decisions, and then at the same time made decisions in the back room with the ACT Party.

I saw submitter after submitter being given just 5 minutes to say what they thought. The submitters were important community groups from the North Shore, west Auckland, and right across Auckland. I know that each of them had spent a lot of time preparing their submissions. I know they had spent hours and hours getting ready to present their submissions, only to be rushed through when they arrived at the select committee. They were given 5 minutes to say what they thought and then there were a couple of questions from the chair. It is just not good enough.

What we have also seen is that National thinks it is fine to ignore the people of Hunua and, by and large, the people of Rodney District until they have created enough stink—a huge stink—to make National nervous. Then we see Mr Key—that nice, pragmatic Mr Key, that nervous Mr Key—doing yet another U-turn on Rodney District. I am pleased he has done a U-turn on Rodney District. I am pleased for the people of Rodney that that has happened. But what is obvious about that U-turn is that National and John Key care more about what Rodney Hide says than about what the people of Auckland say about the Māori seats. The Māori Party’s questions this afternoon about the difference between caving in to the demands of the people of Rodney District—and I support their demands—and the demands of the people who marched in the street and who went on the hīkoi to demand that there be Māori representation, are really interesting. I do not understand the difference, and I would like to hear from the Minister what the difference is.

What is also obvious is that National does not care about the workers in the process and in the transition—those workers whom Nikki Kaye says she cares about, whose jobs are in jeopardy. The uncertainty must be awful for them. Let us imagine what it is like for those people in the process at the moment, not knowing whether they will have a job in October 2010. Yet National expects those workers to keep working, to contribute, to do the things in the community they do very well, and to keep being positive. That is completely unrealistic. I do not know how the National Government thinks things will keep ticking over while those staff wait to hear whether they have been sacked. How on earth does the National Government imagine that those community organisations will survive? The chair of the select committee, John Carter, praised those community organisations every time they came before the select committee. He praised them. He told them that he appreciated them so much and that he had not realised how much the community organisations did in Auckland.

HenareHon TAU HENARE (National) Link to this

I want to talk about the local boards, but let us go back to the start.

PillayLynne Pillay Link to this

Let’s go back to Māori seats.

HenareHon TAU HENARE Link to this

No, let us go back to the start. When the member can pronounce “Māori” correctly, I will start listening to her. We may as well start at the beginning. There is no such thing as “Mari”.

I want to talk about local boards and about how, throughout the process—

Hon Members

Ha, ha!

HenareHon TAU HENARE Link to this

That is all right. Members can laugh at the mispronunciation of the indigenous language. That is all right; I am cool with that. I am sure they are cool with it as well.

What we heard from the Auckland Governance Legislation Committee and from the people who came before that committee related to the real issues of democracy and local power. Some of the other things the Labour members talked about incessantly were power and democracy, and what local boards could look after. There was the obvious issue for Su’a William Sio about swimming pools.

PillayLynne Pillay Link to this

Did you pronounce that properly?

HenareHon TAU HENARE Link to this

Absolutely. I am from Ōtara. I was born and bred in Ōtara. The member can prattle on about where she was born and bred, but the fact of the matter is that local boards will not only have power to make decisions but also money to spend on local issues. There will be a requirement for local boards to create local plans, for goodness’ sake!

When one looks at most things in the Local Government (Auckland Council) Bill, one sees that not a lot of it can be argued against by Labour members. In fact, one of the things I have noticed in this debate is that when things get pretty hot and a wee bit aggressive from the Labour members, the only thing they can talk about—

RobertsonH V Ross Robertson Link to this

When we get passionate, Tau.

HenareHon TAU HENARE Link to this

The only thing they can get passionate about is the Māori seats. For them it is not about local democracy any more, or about moving the city forward. It is not about taking 1.4 million people on a journey.

PillayLynne Pillay Link to this

What do you think of Rodney?

HenareHon TAU HENARE Link to this

What do I think of Rodney? I will tell members what I think of Rodney: it is a nice place to live, and it should be part of the super-city. As for Franklin, I am sure that the Local Government Commission will decide, in its wisdom, how things should pan out when we are through with our business.

But members should make no mistake; although we may get upset about Māori seats and about who is in and who is not, the real issue is local power. It is about power in local people’s hands.

CunliffeHon David Cunliffe Link to this

As long as they’re members of the National Party.

HenareHon TAU HENARE Link to this

It does not matter whether they are in the National Party. This is the unfortunate Fabian rant that we get.

CunliffeHon David Cunliffe Link to this

I didn’t know you knew Fabian.

HenareHon TAU HENARE Link to this

Oh, I know about Fabians, all right. Just talk to Phil Twyford.

HenareHon TAU HENARE Link to this

I will name one: Phil Twyford. There we go. He is the chairman of the Fabians. This is all about local democracy, about people making decisions. [ Interruption] “Spot”, who is trying to get the call, should sit down. [ Interruption] Well, we would not know anyway. This is about local decisions. It is about local people making local decisions about local issues.

Hon Member

Yeah, right!

HenareHon TAU HENARE Link to this

Members opposite say “Yeah, right!”. Well, look at the power of the local boards. They can make plans—

CunliffeHon David Cunliffe Link to this

They’ve got no money.

HenareHon TAU HENARE Link to this

Yes, they have money. Of course they have money.

CunliffeHon David Cunliffe Link to this

They’ve got no staff.

HenareHon TAU HENARE Link to this

Oh, the member says “They’ve got no staff.” For goodness’ sake! These are the Labour Party members. They want to create employment, all right; they want to create employment for their no-hoper mates in the left-wing Labour Party communities out in the suburbs, where they think—

CunliffeHon David Cunliffe Link to this

Divide and rule!

HenareHon TAU HENARE Link to this

For goodness’ sake! The country listened to that twaddle for 9 years, and it decided that it was time to move on.

CunliffeHon David Cunliffe Link to this

Longer than you’ll last!

HenareHon TAU HENARE Link to this

Well, 3 years, 6 years, or 9 years—this is all about taking a city on a journey—

HenareHon TAU HENARE Link to this

Oh no, not backwards.

HenareHon TAU HENARE Link to this

Absolutely not backwards, and not right, and not left. It is about taking Auckland on a journey. It is a city that needs to go forward as one, not as four, five, or six different entities. This is about taking 1.25 million people on a journey together.

PillayLynne Pillay Link to this

What about the Māori seats?

HenareHon TAU HENARE Link to this

There they go! Māori seats do not come into it. It is all about taking a journey to where the city needs to go.

CunliffeHon David Cunliffe Link to this

Into the deep blue night!

HenareHon TAU HENARE Link to this

Wherever it is, we need to make sure that in respect of the infrastructure and the power base the people of Auckland get a foot in and are listened to. This is about 1.25 million people taking a journey together, and making sure that it is the best city—

PillayLynne Pillay Link to this

What do you call those things that jump off cliffs?

HenareHon TAU HENARE Link to this

That member is a silly woman. This is about a journey that needs to take place. It is about taking the whole of the city on that journey. We cannot do that with four cities. We cannot do that with Mayor Williams, Mayor Brown, Mayor Harvey, and Mayor Banks, all worried about their own little patches. I am very proud to say that what the Government and the select committee have done is basically to agree with 90 percent of what the submitters had to say.

HenareHon TAU HENARE Link to this

Oh yes, absolutely. The big drawcard for the left was the issue of the Māori seats.

CunliffeHon David Cunliffe Link to this

It should be for you, too.

HenareHon TAU HENARE Link to this

Well, we lost that one. Ninety percent of the issues that were canvassed in front of the select committee have been dealt with in a manner that shows they were listened to. Members have made a big issue out of the Māori seats, and maybe we should. But at the end of the day that plays a small part in the game of this new Auckland super-city.

That is what I am trying to get at: 90 percent has been agreed to, not only by National but also by Labour, and by most of the people who came to give their submissions in front of the select committee. We all know that; we were all there. No one can tell me that there were all these issues, and that the submitters had a whole range of issues that they wanted dealt with. I repeat that 90 percent of the issues that were canvassed by those people who made submissions have been taken account of in this bill.

CunliffeHon DAVID CUNLIFFE (Labour—New Lynn) Link to this

This is my first opportunity to take part in this debate, and I appreciate the opportunity. Let us dispose of some straw-men arguments that were raised by the member who has just resumed his seat. I do not blame him for having a go, because we all know he is feeling pretty conflicted at the moment in terms of his loyalty to his party and his loyalty to his people. That party has—what is the technical phrase—“crapped” all over Māoridom with this decision.

RoyThe CHAIRPERSON (Eric Roy) Link to this

That is not acceptable.

CunliffeHon DAVID CUNLIFFE Link to this

It has not honoured Māoridom with its decisions on the Local Government (Auckland Council) Bill.

We agree that we need to take Auckland forward, and we also agree that we need stronger regional integration, and that Auckland needed changes. No one is arguing about that. That is why we set up the royal commission in the first place. Let us try a little game of join the dots. It does not irk Aucklanders that the Government did not consult them; it irks them that the Government pretended to consult and then did not. This process has been marked by the hallmark of this Government, which is sham consultation.

Can anyone tell me who it was who said: “I want to reiterate that the Government approaches this process with an open mind. We are listening to Aucklanders.”? Who could that have been? Was it the same person who chaired the Cabinet committee that dumped the royal commission report virtually within days of it hitting the table, and then put this 20-page micro-document called “Making Auckland Bluer” up in its place? That was no consultation. The Government did not come back to Aucklanders. It did not ask people what they thought of the royal commission’s $2 million, 18-month effort. The Government did not consult on it; it just made a decision. Then it threw the House into urgency. Join the dots.

The next stop under urgency was to repeal the existing territorial authorities. That was the equivalent of—I ask members to remember—the Battle of Hastings, when William the Conqueror crossed the British Channel. He drilled holes in the boats, so there was no turning back. Well, that was what this Government’s action was about. It was about making sure there was no turning back. There was no consultation and no select committee process. There was a truncated debate in the House and that was it. Game over!

My city, Waitakere City, was 20 years in the making—the eco-city. It is a proud place, turning West Auckland from “Boganville” with no “u” to a place where we care about the arts, smart business, and communities. Westies were proud of Waitakere. I see the former Deputy Mayor of Manukau City here, and I know how deeply he felt about the extinguishment of the city that he had worked to build, without so much as a consultation. What about the referendum provision in the Local Government Act? Not conducting a referendum was the largest constitutional change in local government in New Zealand’s history. That Government—with its sham consultation—set aside the binding referendum provisions of the Local Government Act, which meant Aucklanders did not get a say, like the law said they should. The Government repealed the law in the same bill that it rammed through Parliament in urgency. Join the dots.

That action is the hallmark of the people’s new National Government, that middle-of-the-road Government with the friendly face. Do we know the one? It was going to do everything Labour did that people liked, but with a new friendly team. Yeah, right! This is Muldoonism back with a smile. Join the dots. This was not just a lack of consultation; this was the veneer, the charade, of consultation. That was the first bill. Then the Government would set up a rushed 3-week select committee process. Aucklanders, in their hundreds, submitted. It was in their thousands actually, but hundreds, nearly a thousand, took the time to travel to the Auckland Governance Legislation Committee to make their submissions in person. They got 5 minutes—sometimes 10 minutes—and then they were shuffled on and shut down. After they had done it the frustration showed from people who bothered to make submissions. They said it was sometimes worse than not being there at all. I give credit to members on both sides of the House who endured the process, because it was pretty gruelling. It was not that there was no consultation; it was that it was a show of consultation. Meanwhile in the background, in the Cabinet room, was the same Cabinet committee that had received the papers on the first bill and made its decision within days of the royal commission reporting. The same Cabinet committee was making the big calls even before the select committee had reported back.

There was also the special subcommittee on Māori representation. Mr Key knew well enough that if 10,000 people were marching in a hīkoi in central Auckland—and here we and the Māori Party are at one—he had to listen. But instead of real consultation—join the dots—he set up sham consultation. He set up a special subcommittee, and the previous speaker served on it. It went around asking people what they thought, which was a good thing, except the decision was made by the Prime Minister before they had even had the chance to see the report. What could be more hypocritical than going out asking people what they think and then making the decision before the result had even been heard? Ten thousand people marched in the hīkoi from all over Auckland. So the Government set up a special subcommittee and made the decision before it had even reported. That is no consultation; that is worse—join the dots—that is sham consultation. It is what this Government is getting known for—Muldoonism with a smile. Sham consultation! Shame on the Government!

CunliffeHon DAVID CUNLIFFE Link to this

Shame sham! It is the same sham, the shame sham. Members should say that quickly a hundred times and see how they get on.

With regard to Māori representation, nothing was set in stone, the Government said. Oh, was it not? Why, then, was the Minister in the chair, Rodney Hide—who I hope will take the next call to defend his reputation—so brave as to roar in public that he would resign if the principles for which the ACT Party stood were not listened to in the Cabinet room? Why did he say that? I bet Mr Hide a good bottle of wine that he already knew the way it would come out. I challenge the Minister to take a call and tell us otherwise, if it is otherwise. But, no, I do not think he wants to, even though he has the time.

PillayLynne Pillay Link to this

He’s looking ashamed.

CunliffeHon DAVID CUNLIFFE Link to this

He is looking “a shamed”, and ashamed. It is the same sham, the same shame sham again. Members can say that quickly 50 times and join the dots.

What about the Government’s U-turn on boundaries? As if it did not have a bad enough reputation from all this shaming, it decided to drop half of Rodney District and half of Franklin District. It is pretty hard to lose half of Rodney District—it is quite a big area. It is pretty hard to lose half of Pukekohe—it is like drawing a line down the main street. Then the Government reversed its position on Rodney District, so no wonder Franklin District feels aggrieved, right? No wonder Franklin is feeling pretty annoyed, and that leaves the honourable member for Port Waikato—or whatever it is now called—Dr Paul Hutchison, roaring helplessly, bleating in the back paddock, and watching his political career washing out to sea from Port Waikato. It is washing down the Waikato; that is where it leaves him. He is up the famous creek without the proverbial paddle.

This bill is not a case of no consultation; this is sham consultation. Join the dots—this is Muldoonism with a smile. This is what the Government is now known for. Aucklanders will not forget it, and they will remind the Government in 2011 that 3 years was too long.

BlueDr JACKIE BLUE (National) Link to this

Well, what a bitter, bitter rant that was.

CunliffeHon David Cunliffe Link to this

It wasn’t bitter!

BlueDr JACKIE BLUE Link to this

It was. I say to David Cunliffe that he should see his elected MP, Nikki Kaye, and have a chat with her. There was a lot of talk about the Auckland Governance Legislation Committee being a sham, but in actual fact I was a member of that committee, and I want to reassure the member that the process was not a sham. It was a genuine process. The chair, the Hon John Carter, made sure that every person who wanted to be heard was heard. People were heard and they were listened to. As a result, there have been significant changes to the original bill. They were heard, and that is the democratic process. I want to reassure members that that was the case. That member was not there, and he is not aware of it, I am sure, but a very genuine, democratic process was at work.

The process basically started under the Labour Government. There was a problem with the governance of Auckland. It was not working, it was dysfunctional, there was turf fighting, and we needed to move forward. The Royal Commission on Auckland Governance started the process, and we will finish it. We will finish it so that the new set-up will be ready for the local body elections next year. We are on track and we will get there. We are doing well.

I want to talk about the local boards, because the changes in respect of the local boards are among the most significant changes that have occurred in this bill. They have a lot of powers. The committee went to all areas of Auckland—we went to see the people; they did not come to us—and the submitters we heard were very worried about losing their voice, their identity, and their representation. Well, the local boards will have real powers. I hope that when the people we saw read about the bill and read the commentary their fears will be allayed. The local boards are being made to listen to the community. They need to consult the community. They need to make a plan. They need to write up a plan. There are no ifs or buts about it; they have to listen to the community, because that is part of their job. The local boards are new entities. They are not the community boards that we have now. They are not the local councils that we have now. They are new entities altogether. This legislation gives them powers to go forward so that they can consult their communities and represent them. The people in those communities should feel no fear. They were very fearful, I must admit, and I was quite surprised how fearful and passionate they were. It made a deep impression upon me. But I am very confident that the local boards will do the right thing by them.

There was talk about having community councils instead of local boards. I am not sure of the detail and the arguments behind it, but I imagine that there would have been a lot of confusion between community councillors and city councillors. At the end of the day, the whole point of changing the term to “community council” was to give the job more status. Well, this legislation does give the job status. The new local board members, when they are elected, will have real status and real powers. They are legitimate and the legislation will back them. The local boards will have dedicated budgets to provide local services. They will have the money to front up and provide the services that the community needs. It is not lip service. The Auckland Council will need to have a funding policy so that it can fund the different local boards and devolve money to them in an appropriate way.

I want to go down a bit of a sidetrack here and talk about the remuneration of the local board members. A paragraph in the commentary on the bill talks about it. A few submitters talked about the fact that the current community board members are paid a very modest amount of money to do what they do. It is almost voluntary work—altruistic work. That means that the individuals who step up to do the job are people who have the time or the money to do it. It is a luxury. That prevents people who could do it and want to do it, but who do not have the time or the money, from stepping up. The committee had a discussion about it and we heard from the submitters. I will read out the paragraph in the commentary. Although the committee does not have any power to say what will happen, we have stated that “While we recognise that we cannot set the remuneration levels of local board members, we urge the Remuneration Authority to give serious consideration to this issue. We consider that the remuneration provided to local board members must be sufficient to attract good-quality candidates and reflect adequately what the job involves.”

SioSU’A WILLIAM SIO (Labour—Māngere) Link to this

Earlier Mr Tau Henare talked about “a journey”. To continue on that analogy, the National Government has used the—

SioSU’A WILLIAM SIO Link to this

The member talked about “the journey”. The National Government has used the term “roadway to recovery” as an analogy. If the Auckland Council structure is the vehicle to take the Auckland region forward, then we need a vehicle that can fit everybody in. If it is a canoe, then we need everybody to be paddling in the same direction. But we hear from the other side of the Chamber about a bicycle. How many people fit on a bicycle? One. I also heard the member for Tauranga say that the Government is listening. If it was really listening, then we would not be rushing this bill through under urgency. If it was really listening, we would not have dealt with the first Auckland local government reorganisation bill under urgency. That bill snuffed out the life of eight local territorial authorities. If it was really listening, it would have heard the voices of the thousands of Aucklanders who marched to downtown Auckland in support of Māori seats. If it was really listening, we would not be flip-flopping on Rodney boundaries at the eleventh hour. After all the community efforts to prepare submissions and to take time off work to speak to the Auckland Governance Legislation Committee, all we have from this Government is flip-flops, back-downs, and Cabinet-level tantrums.

If the Government was listening, it would have heard the resounding voices of Aucklanders who are not happy that the Government is listening only to the Minister of Local Government—who represents a party with less than 4 percent support from this nation, and who seems to have so much influence on this National Government—and not to the voices of the rest of Aucklanders, who will be affected by the changes that are being brought about. The Mayor of North Shore says Rodney Hide’s super-city is a “time bomb set to explode grassroots democracy”. Aucklanders were promised their big chance to have a say; Aucklanders were promised that they would be listened to, but the only person the National Government seems to be listening to is Mr Hide, the Minister of Local Government. Aucklanders have said, and members of the select committee will have heard, that that is not right. They have said it is not right that a member of a party that has such small support on a national level should have so much influence. They have likened it to the dog’s tail wagging its head. I say to Aucklanders who are listening—[Interruption] OK.

So what is happening? Significant change processes are now occurring on a number of fronts; I believe they will ultimately prove unsustainable. Franklin is split in two, with Waiuku in and Pukekohe out, and I have been told that if Franklin is split in two, then one side of a street will belong to the Auckland super-city and the other side will belong to the Waikato region. If people on the latter side of the street need resource consent they will have to travel an hour and a half to Hamilton to try to get that consent.

Representation on the Auckland Council is undercooked: 20 councillors to represent 1.4 million people is a nonsense in the local government sense, especially with around 30 local community boards with subsidiary status to the council, including subsidiary status to the Auckland Transport Agency and to Watercare Services. The agency, in particular, will be a very powerful organisation. It will hold sway over the boards and, I suspect, the Auckland Council. I believe that the Government has replaced democracy with powerful bureaucratic institutions, and I cannot see an employee of the Auckland Transport Agency fully listening to the members of the Māngere local board on an issue of some roading maintenance on one of our local streets, without some ultimate political sanction from the council way down on Queen Street.

I have heard the Minister in the chair, Mr John Carter, say that the local boards have been given powers. That is right; we were at the select committee. The beauty of the select committee report is that to some extent it reflects what the community was saying. It includes a minority report from the Labour Party and it includes a minority report from the Green Party, but the difficult thing for most Aucklanders to accept is that although the report might reflect, to a large extent, what was submitted by them, it does not align with the ultimate bill that this Government has put forward. Ultimately, the local boards do not have those powers unless the Auckland Council grants them to them. There is no funding that is not dependent on what the council delivers. There is no staff, unless the Auckland Council says it is OK. We have not even decided what those boundaries are, other than what is already in the bill.

I come back to the issue of consultation. The word for consultation in Samoa is “soalaupule”, which, if one were to translate it, literally means “to share authority” or “to share power”. There is an expectation from Aucklanders, when the Government says it is listening, that it is hearing what Aucklanders are saying. I do not believe that this Government has actually taken the time to listen to the words that have been said. It said it would listen—that is good; that is part of consultation—but then it went and did what it wanted to do in the first place. It has flip-flopped around because some of its major supporters were not happy. Actually, maybe they were not supporters; when I asked the Hon John Carter whether he was aware that the people who are most irate about this proposal were National’s supporters, he said that they were not its supporters, but rather its members. They are National Party members who are not happy about the way that this Government is ramming through this process without giving due consultation to the public in Auckland.

Why is consultation important? It is important because these are significant changes. The people of Auckland have rights under the Local Government Act, and they were not given the opportunity to use those rights. They were not listened to. They have not been listened to and the only person the National Government seems to be listening to is Mr Hide. I think the members of the public are now wondering why the Government is listening only to Mr Hide and not to the people of Auckland.

The Government wants to listen to him, anyway. Mr Hide has been open about it: he wants to gut Auckland governance. He wants to sell off the assets that belong to the people of Auckland. The National Government is in agreement with that. Mr Hide does not want any Māori representation. He does not believe in being inclusive. He actually sees a small minority being able to govern the Auckland region. The National Government agrees with that, but it has stayed away from it and allowed Mr Hide to get all the blame. Mr Hide does not have anything to say about that, because whether we like it or not, for the ACT Party—a minority party with less than 4 percent support from throughout this nation—any publicity is important. Mr Key and the National Government are staying away from all of that blame. The blame is on Mr Hide, but the real culprit behind this is the National Government, which is egging him on and allowing him free rein to gut local government in Auckland and not listen to the public, even though the Government uses those words. They are hollow words. Aucklanders are listening to this debate, and they know they are hollow words.

Last week there was a newspaper article; many members would have seen it. There was a picture of Mr Hide in an article in a suburban newspaper. The picture shows Mr Hide with his hand extended. That picture reflects how the general community feels about this legislation: it is gutting democracy and it is undemocratic. Because the Government is rushing this process through it is not listening to the people of Auckland, and therefore it is getting things wrong. The flip-flops on the boundary issue recognise that fact, and reveal that the Government is getting things wrong. I am afraid that because it is getting things wrong, and because it is not listening, the people of Auckland will have to pay for the mistakes of the National-ACT Government.

HutchisonDr PAUL HUTCHISON (National—Hunua) Link to this

Thank you for the opportunity to speak on this Local Government (Auckland Council) Bill. I must say we have heard a very confused and inaccurate account from Su’a William Sio, because he is the man who said “Waiuku in, Pukekohe out.” Well, he is totally wrong about that. He has been on the Auckland Governance Legislation Committee, but he has not even got the basic facts right.

CarterHon John Carter Link to this

He couldn’t find Pukekohe.

HutchisonDr PAUL HUTCHISON Link to this

That is right. It took him several hours before he finally made it there. He got there one afternoon, I believe.

This bill does include the formation of the new Auckland Council established as a unitary authority, and of course it deals with the council’s boundaries. The southern boundary is of huge importance to the electorate I represent, Hunua, and particularly to the people of Franklin. As soon as the royal commission had reported and the Government had made its response, I called two meetings. One of those meetings happened to be in the northern part of the Hunua electorate, between Beachlands and a place called Ōmana. I must say that 30 to 40 people turned up, a very low turnout given the importance of this issue. The one thing that they expressed was that they wished to ensure that a rurally orientated board finally represented the rural part of their electorate. The others were quite happy and content to go to Manukau. But the Pohutakawa Coast Times,in its editorial and on the front page of the paper, said the issue was ho-hum; that is all it said.

The next day I had a meeting up in Pukekohe. It was hardly advertised, but 700 people turned up. They had some very, very important messages. They were loud and clear, and they were passionate in their messages. They wanted to keep Franklin intact. They also wanted to keep the name of Franklin, although the royal commission, of course, had wanted to change it to Hunua. Hunua is a name that translates into the meaning “high, infertile ground”, which is diametrically opposed to the rich, fertile soils of Franklin that produce so much of the food that goes to the good people of Auckland and elsewhere in New Zealand.

Subsequently, the Franklin District Council put up the proposition of a unitary authority separate from the new Auckland Council. I believe it had a very good case that was supported by four polls held over a period of 18 months, which showed that more than 85 percent of the population supported it in its bid to have a unitary authority. I must say it was always going to be a hard call. The royal commission had not supported that, and the Government’s response did not support it either. I must say a very strong case was led by a passionate council and a passionate mayor, Mayor Mark Ball. They argued that they supported local government being reorganised in urban Auckland, but that it was inappropriate to extend Auckland City beyond the northern boundary of the existing Franklin District; that Auckland’s urban problems were not Franklin’s; that Franklin had its own water supply, its own sewerage, and its own stormwater system that were separate from Auckland’s; and that it was imperative to safeguard the class 1 and class 2 soils that provide the food basket to Auckland and, of course, to the rest of New Zealand. This is what Franklin is famous for. Indeed, the mayor and council were passionate in terms of wanting to ensure that Franklin could be separate from Auckland.

I supported the submission of the Franklin District Council to become a separate unitary authority, and I worked hard with such luminaries as Sir William Birch, Lindsay Tisch, the excellent MP from Waikato, Mayor Mark Ball, and numerous others to see whether this was viable. But in our New Zealand democracy, which I celebrate—many of those in the Labour Opposition, who have just given us 9 years of the nanny State do not celebrate this—other voices were, nevertheless, opposed to Franklin being separate. They included Federated Farmers, interests in the Karaka area, interests in the Pōkeno area, and the chair of the Waiuku/Awhitu Community Board. There were also Tainui, Environment Waikato, and Waikato District Council, who were concerned about catchment and Treaty issues.

The Hon John Carter took the time to come to Franklin to hear the concerns of the local people, and so did many National members. But on balance the Government decided to oppose the idea of a unitary authority for Franklin. But I will make this point: not one member of the Labour caucus was prepared to put his or her head above the parapet to support the Franklin District Council’s submission. Labour members go on and on about the boundaries, but they failed to be clear or concise in terms of what they wanted. Where were Labour’s South Auckland MPs? I can see the Hon George Hawkins across the Chamber. He was not to be seen. There was no sight of, or sound from, him. The same goes for Ross Robertson, and, as I said earlier on, Su’a William Sio had a great deal of trouble in even finding Pukekohe.

The only realistic options remaining were to go to the Waikato River as the boundary, as the royal commission had suggested, with Environment Waikato taking on the catchment responsibilities, or to stick with the old Auckland Regional Council boundary, which cut through Colombo Road in Waiuku and the back of the racecourse in Pukekohe. Many people, including myself, described this as absolutely the worst of all options. I know and have confidence that the Local Government Commission will push those boundaries south. I know that will happen, and I do not believe anyone in this Chamber would oppose that. But, again, this time there was vigorous debate, with Federated Farmers, the Auckland Regional Council, the Waiuku/Awhitu Community Board, members of Enterprise Franklin, the arts boards, and many others supporting the royal commission’s proposal. But many others did not support that take.

Unfortunately, the Franklin District Council did not have a formal fall-back position, because it was so deeply disappointed at not maintaining a separate unitary authority. But one would have noted that today Mayor Mark Ball was reported in the New Zealand Herald as saying the existing southern boundary is better than moving the boundary to the Waikato River, as at least it has some sound rationale behind it and is not just the result of political interference.

My own view was that the principle that should be followed was that if a unitary authority was not possible, to keep as much of the existing Franklin intact as possible. However, in the end a decision had to be made, and the Government has done that. Clearly, some of our people will be pleased, but many others are deeply disappointed. There has been vigorous debate and vigorous consultation. There will be a new Franklin board, not a Hunua board, with strengthened functions. At the very least the boundaries must go south of Pukekohe and Waiuku, and no one can say that a huge effort has not been made to keep Franklin intact.

PillayLYNNE PILLAY (Labour) Link to this

I start by acknowledging Paul Hutchinson. I think that everyone on this side of the House would acknowledge that Paul Hutchinson is a nice man. He is a good man.

[... plus a further 45 contributions not shown here]

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