Justice

Maori Representation in Parliament – Waitangi Tribunal

By CCANZ / 29 June 1995

November 1840 – New Zealand separated from New South Wales and a Crown colony system of Government was established with a Governor appointed by Britain.

1846 – the British parliament passed a New Zealand Constitution Act which provided a complicated 3 tier system of Government – elected municipal corporations, two elected Provincial Councils and General Assembly, again with an elected House of Representatives and a nominated Legislative Council. Voting qualifications virtually disenfranchised Maori, so colonists gained full control of Government.

1867 – Maori representation Act. Four Maori seats were created mainly as a way of balancing North Island representation against demands of South Island gold miners forrepresentation. Franchise was granted to Maori males over 21 – free of property qualifications.

1872 - on the motion of a Maori member, two Maori were nominated to the Legislative Council – this remained until Legislative Council was abolished in 1950.

Section 71 of the 1852 Act provided for the setting up of districts within -which Maori laws, customs and usages not repugnant to general principles of humanity could be maintained “for the government of themselves, in all relations to and dealings with each other”. This could have provided for a form of internal autonomy – which Maori saw as an implementation of the tino rangatiratanga guaranteed to them in Article 2 of the Treaty.  The Maori King movement sought this form of autonomy in Waikato before the war and in the King Country afterwards. However this was never recognised by the Pakeha parliament despite efforts by the Maori members to pass an enabling private members bill. So this Section 71 was not allowed to be implemented and it was finally repealed in 1986.

1893 – Maori women as well as Pakeha women got the vote.

1910 – For Maori voting by show of hands abolished in favour of a declaration before a Returning officer. There was not yet a Maori roll.

1937 – The secret ballot, first used in the European seats in 1870 was applied to Maori seats. However rolls were not ready until the 1949 election.

1975 – Maori voters given the chosen option of the Maori and General rolls. Number on roll did not alter the number of seats allowed.

1986 – Royal Commission on Electoral System. Noted the failure to implement Section 71 of the 1852 Constitution Act and the “failure of successive Governments to recognise and give effect to the Treaty as a basis of constitutional government in New Zealand…”