Māori Status in New Zealand Law · Jurisdiction Ledger · Part 36 · Current law

What is the legal basis for Māori participation in local-government decisions?

Local-government jurisdiction is statutory. The Local Government Act 2002 gives councils decision-making powers while also imposing express duties to provide opportunities for Māori participation.

Local authorities exercise powers because Parliament has constituted them and conferred functions on them. Māori participation is then addressed expressly inside that statutory framework.

Section 81 of the Local Government Act 2002 requires a local authority to establish and maintain processes giving Māori opportunities to contribute to its decision-making, consider ways to develop Māori capacity to participate, and provide relevant information.

Participation is not the same thing as delegated sovereignty.The section creates a statutory duty on councils. It does not, by itself, transfer the council's general legal powers to Māori, nor does it define hapū authority exhaustively.

Jurisdiction claimed overLocal-government functions, services, bylaws, infrastructure and statutory decisions.

Primary instrumentLocal Government Act 2002 and function-specific enactments.

Māori-specific obligationSection 81 participation processes, plus other Māori/Treaty duties found in specific statutes.

Legal limitA consultation/participation obligation must not be confused with a general co-sovereign jurisdiction unless another instrument expressly creates one.

The proper audit question for any council decision is: what statutory power is being exercised, and what Māori-specific procedural or substantive duties constrain that power?

Primary statuteLocal Government Act 2002, s 81.

← Series index · Previous · Next →