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The Māori Electoral Option Report concerns the exercise by Māori of the Māori electoral option under section 76 of the Electoral Act 1993, by which Māori may elect whether to register on the Māori roll or the general roll. The Crown has provided certain funding and services to Māori to assist them to promote the enrolment of their people and to gain an understanding of the nature and implications of the choice they are required to make. The claim concerns the adequacy of the funding in terms of the Crown's Treaty of Waitangi obligations.
'Although they were not set up for this purpose, the Māori seats have nevertheless come to be regarded by Māori as an important concession to, and the principal expression of, their constitutional position under the Treaty of Waitangi.'
Royal Commission on the Electoral System, 1986
The claim was brought by Hare Wakakaraka Puke on behalf of himself and those iwi and other Māori authorities that attended a Māori electoral option hui at Turangawaewae in January 1994. The National Māori Congress, the New Zealand Māori Council, and the Māori Women's Welfare League also supported the claim.
Urgency was accorded the hearing of this claim as the two-month period during which Māori were required to exercise their electoral option ran from 15 February to 14 April 1994. The report was released on 14 February 1994.
The Tribunal of Professor Gordon Orr (presiding), Brian Corban, Professor Keith Sorrenson, Makarini Temara, Keita Walker, and Hepora Young found that the present level of funding was substantially less than would be reasonably required to meet the Crown's Treaty obligations to protect Māori citizenship rights.
''The right of political representation has now been enhanced by the Electoral Act 1993 and the evidence before us strongly suggests that the present rights are highly prized. The Tribunal considers that … if adequate funding is not provided for both a vigorous kanohi ki te kanohi and a targeted mass media programme to ensure that as many Māori as possible are enrolled and exercise an informed choice then Māori will be seriously prejudiced.''
The Waitangi Tribunal
The Crown conveyed its decision to the Tribunal on 1 March 1994, stating that Cabinet had declined to follow the recommendations contained in the report. This decision was made after a consideration of the extent and nature of the Crown's involvement in voter education activities as part of the electoral reform process. |
