Nikki Kaye on Local Government (Auckland Council) Bill – In Committee – Parliament

September 15 2009

NIKKI KAYE (National—Auckland Central) : I want to pick up on the comments made by some of the previous speakers this morning. Ms Ardern made a number of comments about youth representation. It is true that there were some pretty impassioned speakers on the subject of youth representation at the Auckland Governance Legislation Committee. We held a number of public meetings on the issue and we received some great contributions from across Auckland on the issue. But as I said to Ms Ardern the other day, a number of issues will be dealt with in the third Auckland bill. The issues around youth representation, Pacific representation, and support for groups with disabilities have been flagged as issues that will be addressed in the next bill.

I say to those listening that all the Supplementary Order Papers that have been put forward by Labour members are just an opportunity for Labour members to talk about issues other than the issues they do not want to talk about—which are the issues within this legislation. The reason they do not want to talk about the issues within this legislation is that, as many members have already noted, the Labour Party supports a unitary authority for Auckland.

Labour has moved to a position where it actually supports 20 local boards. So we are in a position that is unique: we are, inarguably, on the cusp of one of the most important changes in local government in terms of Auckland’s governance, but we are in an odd situation whereby the Opposition is spending a whole lot of time talking about everything but the legislation, because it actually supports the legislation. Labour supports one council, and it supports 20 local boards.

I must say it took Labour quite a while to come to the position of supporting 20 local boards. The reason it came to that position is that when we were going through the select committee process Mr Twyford recognised that he was in big trouble with the Labour Party caucus. He was in trouble because he had argued for only six local entities, and some members of his party were frustrated. Su’a William Sio and many other Labour members did not want to campaign in 2011 as the party that argued for no local representation.

I am proud to be supporting a bill that will finally deliver a strong regional entity for Auckland. It will finally deliver grassroots democracy for Auckland. I want to touch on another issue that has been raised during the debate today, particularly by the Green Party, and I acknowledge Catherine Delahunty and the contribution she made when she sat on the select committee. A lot of myths have been spoken about the powers of local boards. I want to make this very clear: the people who came to the select committee said they wanted funding. They also said they wanted decent functions and powers. The Government delivered on those things for the people of Auckland.

Members opposite said that the Auckland Council will have the ability to override a lot of what the local boards do. That is absolutely false. Provisions in the bill, in clause 13D in particular, make it very clear that, with some exceptions, decisions will be made at the lowest possible level in terms of non-regulatory activity. So any member who stands in the Chamber and says anything different is speaking a load of hogwash.

Today we are delivering to the people of Auckland a strong, regional entity with strong local boards. I feel for those community board members who came to the select committee and said they had been constantly overridden. We are finally delivering to them the local democracy they need. I am proud to be supporting this legislation. It will finally give them a strong local entity so that they will be able to deliver for their communities. Any assertion to the contrary is wrong.

The other point I want to make is that the third Auckland bill will contain an independent dispute resolution mechanism, so if there is a situation where the Auckland Council tries it on and tries to grab more power, the resolution mechanism will enable the local board members to be able to go through that process and ensure they do get responsibility over local matters.

I am very proud to be in the Chamber to support this bill. I am proud to support one strong regional entity for Auckland, and 20 to 30 local boards. That is also what the Labour Party supports. It is disappointing that members opposite stand and talk about everything but the core parts of the legislation, at this historic time in Auckland’s history—indeed, in New Zealand’s history. I am proud to stand in support of the legislation.

(Second Speech)

NIKKI KAYE (National—Auckland Central) : I want to make the point that it is very clear from the speeches coming from the other side that Labour members have not read the Local Government (Auckland Council) Bill. Another point I want to make is specifically around the powers of the local boards. There is a clear principle in the legislation that decisions will be made at the lowest possible level, except for some exceptions. Another point that I pick up on, which the previous speaker, Su’a William Sio, raised, is around the issue of staff and support. In the legislation it is also very clear that local boards will have to be adequately and fully resourced. They will not be able to employ staff, but they will have to have enough staff to support the activities for their community.

Another point that I want to raise is specifically around an issue raised during the select committee process. We heard about Phil Twyford going around communities spreading the threat of Armageddon, telling the arts community that they would not have funding. But I want to make a very clear point that I ask Labour to listen to. Within the legislation there is a very clear principle—and this is backed up in the local government legislation—around the promotion of social, economic, environmental, and cultural well-being of the community. It is very clear; it is within the legislation. Any assertion to the contrary is absolutely wrong. Another point that I want to make very clear is that when Mr Twyford went around those communities, he also went on about at-large councillors, saying we cannot expect them to float around the community without a constituency. There was a hilarious moment in the select committee process when someone yelled to him: “Hey, Phil, aren’t you a list MP?”.

I say that the community did speak very loudly and very clearly on this issue. As a result it became another area where this Government can say it has listened, and we no longer have at-large councillors. The other point that has been made consistently today has been around funding. I do not think that any speakers have really talked about this. Again, I raise this particular issue with Labour because I do not think the members have read the legislation. The funding provisions in the legislation have the power to really empower certain communities within Auckland. There are issues in Auckland in terms of certain minority groups. We know there are issues in South Auckland. I draw members’ attention to this provision within the legislation. I asked Len Brown about those issues when he came to the select committee. I said to him that some people have said that they want one unitary authority to come to Auckland, for the reason that maybe there will be communities within South Auckland that will finally get the school pools that they want and that they really deserve in their communities. The principle within the legislation is that the funding formula must take into account socio-economic conditions. Mr Brown turned to me and said: “Nikki, you know what, that is the great white hope of this legislation.” The great white hope is that finally communities in Auckland will be able to have some equality in terms of services. Members on the opposite side are very quiet, because they are voting against a bill that will not only deliver the infrastructure for Auckland and strong local entities for the communities across Auckland but also potentially help some of the poorer people in Auckland. Members on the opposite side have not addressed that.

The last and final point that I want to make that Labour needs to understand is that, on the question of the number of local boards—and they need to stand up and really address this point—Labour has slipped from 14 all the way to 20. National said there should be 20 to 30 local boards. What is the difference between our 20 and Labour’s 20? Potentially, nothing. So we may actually agree on the number of local boards. In response to the arguments that have been raised about communities being cut up, all I say is that there will be a process in terms of the Local Government Commission. It will be up to the commission to define what a community of interest is. But I ask Mr Hawkins about saving Papakura with 14 local boards. I do not think so. Labour is supporting a provision that would mean that Papakura would not have a local board. The members on the opposite side know that, and there are members in constituency seats who are looking very worried right now. They have backed themselves into a corner.

At the end of the day, we are delivering legislation for Auckland that is historic, that will finally deliver some equity to local communities, and that will finally give them decent local representation. I am proud to support this legislation.

(Third Speech)

NIKKI KAYE (National—Auckland Central) : I reiterate the comments of Peseta Sam Lotu-Iiga. Tonight we are here because we believe that the Local Government (Auckland Council) Bill is the best thing for Auckland. We are here because we want to finally deliver a regional entity for Auckland that will ensure that we have a decent public transport system, and that will give the mayor, the councillors, and the local board members the ability to finally deliver a public transport system that does not involve 20 organisations in its delivery. We are here because we want to make sure that there is a major event strategy for Auckland. The sad fact is that Labour actually agrees with us that there should be one unitary authority.

We come to the issue of local representation. Are we here tonight because there is an argument about those local bodies? No, we are not. On this side of the Chamber we know that Labour has come to a position that is very similar to ours. It says we should have 14 to 20 local boards; we say we should have 20 to 30 local boards. What is the difference between 20 and 20? Nothing. Actually, there is quite a high likelihood that we could end up with a very similar number to what members opposite want. So this argument is not about the number of local entities that are delivered for Auckland.

The community boards came to the Auckland Governance Legislation Committee and they gave impassioned pleas. They said that they needed to have more functions and powers, and that they needed to have adequate funding. You know, we listened and we said they were absolutely right. There is a principle in the legislation that very clearly says that, except for some decisions at a regional level, decisions will be made at the lowest possible level. I have said this to members around the other parts of the country. This evening and tomorrow we are delivering possibly a stronger unit of local representation, which we have never seen before in New Zealand. That is very significant, and I feel very proud to be standing up and supporting that unit in our legislation.

The other key point that we delivered—and we made it very clear in the legislation—was that there would be funding. Finally—I made this point, and I have not heard a member on the opposite side debate it this evening—for the poorer communities, which include Māori, a principle within this legislation says that socio-economics will be a factor in the delivery of funding across Auckland. That principle has the potential to deliver more to Māori than ever before. Are the members opposite talking about it? No, they are not. But I am very proud to stand up and say that this legislation has something for the poorer communities of Auckland, and that they may finally get some equity in terms of services across Auckland.

We have heard many arguments this evening about consultation, but the members opposite have failed again to say why, after 9 years in Government, they did not deliver this consultation. They set up a royal commission. They know so much about setting up commissions, strategies, and reviews, but ultimately, at some point, when you have an 800-page report sitting in front of you, you have heard 3,500 submissions to the royal commission, and you have heard 2,500 submissions from Auckland, what do you think will come from fluffing around—Interjection

What do members actually think we will get out of fluffing around? What will members say to the 6,500 employees currently in local government across Auckland who are waiting for certainty in terms of their jobs? They would say that we should delay, that we should wait. Well, the royal commission said the members opposite are wrong; the Government must act now to ensure that we have a structure in place in time to have local body elections. Members opposite who argue anything contrary need to explain to the people of Auckland what they will do for those 6,500 people who are right now looking for certainty, and what they will say to those local body politicians. Will they say that we do not need local body elections in 2011? That is the position of the Labour Party, and it has failed to articulate how it would get over that hurdle.

Members have heard tonight many arguments about Māori representation, and I thank the people who submitted to the select committee on issues of Māori representation.

(Fourth Speech)

NIKKI KAYE (National—Auckland Central) : I start by acknowledging a few comments from Mr Hawkins. One of the things he said was that people will have less representation under the structure proposed by the Local Government (Auckland Council) Bill. That is absolute rubbish. Not just this side of the Chamber is saying that; a group of community boards around the country is arguing for 20 to 30 local boards, rather than the 14 to 20 the Opposition wants. The community boards back the Government; they do not back the members opposite.

The second point I want to make is that we know that Labour is talking about a whole lot of unicorns and leprechauns this evening. Labour is flying kites. Labour actually supports one unitary authority. Mr Hawkins is saying that having one mayor will mean less representation. He needs to stand up and say in the Chamber this evening that he does not support a unitary authority. He does, and we know that. We also know that in terms of the number of local boards and their functions and powers, the Labour Opposition is pretty much where we are. The issues that are being flown by the Labour Party are absolute scaremongering.

Issue No. 1 is the social issues board. I remind members of this Committee that on 4 May of this year the Minister for Social Development and Employment actually listened to the recommendation of the royal commission and set up the Auckland Social Policy Forum. The difference between members on this side of the Chamber and members on that side is that we do not need legislation and bureaucracy to achieve the result. That issue is very clearly being dealt with by the Minister for Social Development and Employment.

The other scaremongering the Opposition is doing is around the issue of cost. The cost of traffic congestion to the people of Auckland is $2 billion a year. How much does that cost each person in Auckland? Yes, there will be operational costs, but everyone believes in a unitary authority, including the members opposite. We believe, in terms of our public transport system and in terms of the major events our city has lost, that the cost to Auckland of not doing this is too much. The cost of not acting and not delivering this for Auckland is far greater than the cost of sitting on our hands, as the previous Labour Government did in its 9 years and would continue to do.

The other kite that is being flown by Labour is around the so-called secret agenda. I point Labour members to a provision in the bill. Mr Twyford has gone to public meetings, which I have been at, and told members of the arts community that there will be no funding for them. I reassure members on the opposite side of the Chamber, and I refer them to clause 10. It is very clear that clause 10 allows for: “better enabling the promotion of the social, economic, environmental, and cultural well-being of communities”. So it is very clear—and it is backed up by the Local Government Act—that there is no secret agenda.

The final point I want to deal with concerns the mythical sale of assets. For members on the opposite side of the Chamber who have not read the Local Government Act, I will give them a provision right here. Section 97 states that a local authority cannot decide to buy or sell a strategic asset, “transfer the ownership or control of a strategic asset”, or “construct, replace, or abandon a strategic asset:” unless “the decision is explicitly provided for in its long-term community plan;”, and it is consulted on in that context.

So we have here this evening a bill that provides for a unitary authority that we all believe will finally be able to deliver the regional infrastructure and finally be able to stop the congestion in Auckland. We all believe in having better local representation. Members opposite agree with that. They want 14 to 20 boards, whereas we want 20 to 30. They are flying a whole lot of kites in terms of a social issues forum, but it already exists. They are flying a kite in terms of selling assets, but there are provisions about that in the Local Government Act. They are flying a kite in terms of costs when they know that the whole reason we are here is the cost to Auckland of not moving forward. Members opposite are filibustering this legislation. They actually disagree with very few points.

The last issue I want to touch on is the issue of minorities and representation. Many communities turned up to the Auckland Governance Legislation Committee and said they do not feel they have an adequate voice. I remind members again that we have listened to those people and we have said that we will be looking at that issue in the third bill we introduce.

(Fifth Speech)

NIKKI KAYE (National—Auckland Central) : This debate was supposed to be about hope and the future of Auckland, but what is very clear is that tonight we have seen amendments from the Labour Party that are about scaremongering. Section 97 of the Local Government Act protects the assets of the people of Auckland. Mr Twyford is all about scaremongering.

The people of Auckland never heard from Labour members tonight about the regional infrastructure that is to be delivered finally to the people of Auckland. They did not hear speeches from Labour members about urban design. They did not hear speeches from Labour members about local representation on the local boards—

(Sixth Speech)

NIKKI KAYE (National—Auckland Central) : We have heard a lot about Māori representation today, but I would like to focus on the matter of the local boards of Auckland Council. They are at the heart of the Local Government (Auckland Council) Bill and I think it is really important that we start looking at some of the provisions that relate to them. You see, Labour members have stood up today and confirmed that they support a unitary authority, but the Labour Party has shifted significantly in terms of the number of local boards it wants. Mr Twyford came out at the beginning of the process and said Labour wanted six to 12, but when Labour members started to go around the communities of Auckland, they realised that, actually, the only party that was campaigning to get rid of communities by advocating six to 12 local boards was in fact the Labour Party. Many members on the opposite side of the Chamber—and I know this for a fact—then said to their members on the Auckland Governance Legislation Committee that there was no way they would support having only six to 12 local entities. So Labour members changed their position and moved to advocating 10 to 12. They shifted further—they wanted 14 to 20 boards, and that is the position in the report.

I have a question for Mr Hawkins, who is sitting in the back row opposite. There is a campaign within Papakura called “Save Papakura”. Under the Labour Party model we do not know whether Papakura would have a local board. So Mr Hawkins will have to stand up and defend the Labour Party’s position with regard to local boards. I believe that the Labour Party supports having a unitary authority and close to 20 local boards. If Labour actually supports only 14 boards, then I would like some of the Labour members across the Chamber to stand up and say whether they support 14 or 20. But, you know, we will not hear that because Labour members support having 20 local boards. So we are here, on a historic day for Auckland, and the members opposite actually support the majority of this legislation. Labour does have some issues with a few things such as Māori representation, but Labour members, rather than supporting the legislation they actually believe in—for an event people have been waiting for for 50 years—prefer to sit on the sideline and not support this bill, a bill that will be good for Auckland.

The other major inconsistency in the Labour Party’s position is around the number of councillors. In Labour’s minority report, which I will quote back to them, they say they are concerned and would like to have more councillors so that they represent smaller areas. How does that match Labour’s local board policy? It is totally inconsistent. We are hearing inconsistency from the opposite side of the Chamber, and that is why this debate is dragging on. People listening are hearing about everything but the majority of the content of the bill. Labour members have travelled around Auckland and realised that the writing is on the wall. There are many communities that want to be represented and want local boards, and Labour members have realised they had to shift their position. Labour members want a unitary authority, and their minority report is filled with inconsistencies, like their position on councillors. I will stop talking about the Labour Party, because I think everyone knows that Labour members are standing up and opposing this bill for political reasons only, not because of what is best for Auckland.

This is a historic day for Auckland. National and ACT have listened. We have gone to the people of Auckland and listened to them in a 2-year process that was started by the previous Government. To those members opposite who argue that there should be a referendum, I say that the royal commission said that that would be a very superficial thing to happen. We have spent 2 years debating this. We have an 800-page report; 3,500 submissions went to the royal commission; and 2,500 submissions have been received by the Auckland Governance Legislation Committee. What would it have taken for the Labour Party to actually make a decision on this? Well, it would not have made a decision. Labour members are indecisive. That has been shown by their consistently shifting position regarding the number of local boards. It is shown by their inconsistent position on the number of councillors. Labour did not have the guts to make a decision in the 9 years it spent in Government. National is here and it is making a decision. Yes, it is very hard. Issues of Māori representation are very hard. Yes, we may not get it completely right. But there have been 2 years of consultation and a lot of money has been spent.