11.1 Representation reviews
Representation arrangements
Representation arrangements relate to the way that councillors and local board members are elected. The council is required to conduct representation reviews at least once every six years [1]. The council is currently carrying out a representation review in time for the 2025 election. Check How we represent you: Auckland Council representation review for more information.
The review must be conducted in accordance with the timeframes set out in legislation [2].
Representation arrangements that must be reviewed include [3]:
- the number of councillors
- if councillors are elected on a ward (division of the district) basis, or for the district as a whole
- if applicable, the name and boundaries of each ward and the number of councillors to be elected in each ward
- minor local board boundary changes
- if local board members are elected on a subdivision (division of the local board area) basis or for the local board area as a whole, and the number of members in each local board (between five and 12 [4])
- if applicable, the name and boundaries of local board subdivisions, and the number of members to be elected in each subdivision
- the names of local boards.
Councils also have a power to consider dividing the district into one or more Māori wards for electoral purposes [5].
Auckland Council’s boundaries, the number of local boards and any significant changes to local board boundaries can be reviewed only through a local government reorganisation process.
Election at large or by wards and subdivisions
It is possible for some members to be elected on an at-large basis and others on a ward or subdivision basis. Election ‘at-large’ means that members are elected from the whole area (whether the whole district or whole local board area) and not on a ward or subdivision basis. This can encourage the member to act in the interests of the area as a whole.
Election on a ward basis (or subdivision basis for local boards) ensures there is an even spread of members, preventing a majority of members being elected from the same area.
Requirements for effective and fair representation
Effective representation for wards and subdivisions
When conducting representation reviews (except in relation to the naming of local boards), the council must ensure that the manner in which councillors and local board members are elected will provide ‘effective representation of communities of interest within the district’ [6].
Check the Local Government Commission Representation Review Guidelines for more details.
Fair representation
When looking at representation arrangements, the council must ensure that electors of any wards or local board subdivisions receive fair representation [7].
This relates to the population of each ward and subdivision compared to the number of elected representatives for each ward and subdivision. The ratio should be no more than 10 percent greater or smaller than the average [8].
The council may propose a scheme that does not comply with the ratio required for fair representation in certain circumstances, including where [9]:
non-compliance is needed to ensure effective representation of communities of interest within island or isolated communities
compliance would limit effective representation of communities of interest within the district [10], for example the rural wards of Rodney and Franklin.
Māori wards
Auckland Council may, by resolution, divide the district into one or more Māori wards. If the council decides to do so, it must give public notice of the right to demand a poll in which electors can vote on whether the district should be divided into Māori wards [11].
The council may decide to hold a poll [12] or it may be demanded by a specified number of electors [13]. If a valid demand is received, there are set time frames for when the poll must be held and when it would take effect [14].
There are some limitations, for example if a poll was already held at the last triennial election, or will be held at the next one, or if another enactment requires the district to be divided into Māori wards [15].
If the result of a poll requires the division of the district into one or more Māori wards, there are set times when this must take effect [16].
If the district is to be divided into one or more Māori wards for the purposes of an election, the council must determine [17]:
- whether all members are to be separately elected from Māori wards and general wards, or whether some members are to be elected ‘at large’ with some separately elected on a ward basis and, if so, how many of each
- the number of members to be elected from Māori wards, and the number of members to be elected from general wards, determined in accordance with the formula set out in the legislation [8]
- the names and boundaries of each Māori ward
- the number of members to be elected from each Māori ward and the number of members to be elected from each general ward.
Decisions in relation to the division of the district into one or more Māori wards must comply with the same requirements as when deciding on representation arrangements for general wards. The ratio of members to the Māori electoral population in each Māori ward must produce a variance of no more than plus or minus 10% [9].
The council must also have regard to the boundaries of any existing Māori electoral district, communities of interest and tribal affiliations [10].
Footnotes
[1] Local Electoral Act 2001, section 19H
[2] Resolution number GB/2020/11 clause g
[3] Local Electoral Act 2001, sections 19K to 19S
[4] Local Electoral Act 2001, section 19H
[5] Local Electoral Act 2001, section 19EA
[] Local Government (Auckland Council) Act 2009, section 8
[] Local Electoral Act 2001, section 19Z
[6] Local Electoral Act 2001, section 19T
[7] Local Electoral Act 2001, section 19V
[8] The population of each ward or subdivision divided by the number of members to be elected by that ward or subdivision must produce a figure no more than 10% greater or smaller than the total population of the district or local board area divided by the total number of elected members (other than those members elected ‘at large’, and the mayor).
[9] Local Electoral Act 2001, section 19V(3)
[10] The Local Government Commission, when deciding on the initial ward boundaries for Auckland Council Governing Body members, sought to achieve an appropriate balance between fair representation and recognising communities of interest. It stated in its decision: “We received a number of submissions seeking more equal representation ratios for electing councillors across Auckland. We carefully considered options to achieve this in terms of closer compliance with the ‘+/-10% fair representation rule’ while still ensuring effective representation of communities of interest.”
[11] Local Electoral Act 2001, section 19Z
[12] Local Electoral Act 2001, section 19ZD
[13] Local Electoral Act 2001, section 19ZB
[14] Local Electoral Act 2001, section 19ZC
[15] Local Electoral Act 2001, section 19ZE
[16] Local Electoral Act 2001, section 19ZG
[17] Local Electoral Act 2001, schedule 1A, clause 1
[18] Local Electoral Act 2001, schedule 1A, clause 2.
[19] Local Electoral Act 2001, schedule 1A, clause 6(a).
[20] Local Electoral Act 2001, schedule 1A, clause 6(b).