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Claim of prejudicial behaviour by the CEO

22 Te Manuao Road
OTAKI


6 July 2004


The Registrar
Waitangi Tribunal
PO Box 5022
WELLINGTON

FAX: 04 914 3001

Tënä koe
i ngä tini ähuatanga o te wä

Claim of prejudicial behaviour by the Chief Electoral Officer

I make this claim on behalf of registered Mäori voters in the electorate of Te Taihauäuru that we are likely to be prejudicially affected by certain decisions of the Chief Electoral Officer in regard to the polling booth arrangements for the by-election this Saturday, 10 July 2004.

The following attachments comprise the communications between myself and the Crown on this matter:
- Attachment 1 is a letter of 5 July 2004 from myself to the Electoral Commission setting out my concerns.
- The Commission referred my letter to the Chief Electoral Officer who replied late in the day. His letter, which provides an explanation of the choice of the polling booth arrangements for Te Taihauäuru for this Saturday, is attachment 2.
- Early today, 6 July 2004 certain analyses by one of our consultants was forwarded to the Chief Electoral Officer in response to his letter. This is attachment 3.
- Finally, a further letter of today’s date from the Chief Electoral Officer declining to offer any relief is attached. This is attachment 4.

We can observe from Attachment 1 that
- 311 of the 406 polling booths in 2002 will not be available on Saturday 10 July;
- a total of 6,074 Mäori voters, or 52 percent of the 11,752 Mäori who voted in Te Taihauäuru, used the 311 booths that will not be available in 2004; they will need to find another booth
- 47 towns and locations that had booths in 2002 and where 593 Mäori voted will not have this service in 2004
- a consequence of the abandonment of these 47 booths is that voters who would have been serviced by them will need transport to cover the extra distance that will now separate those voters who are involved from the polling booth.
When the formulae that are described in Attachment 2 are applied by our analysts we find the inconsistencies that are presented in Attachment 3. It is difficult to understand how the Chief Electoral Officer can ignore this as he has done in Attachment 4. This is in breach of Article 1 that provides for respectable kawanatanga and not one accepting of inconsistency.

The substantially reduced services to Mäori voters in Te Taihauäuru, from 406 booths in 2002 to 100 booths in 2004, is in stark contrast to the maintenance of services, relative to earlier years, of booth services in 1998 by-election in the Taranaki-King Country electorate which like Te Taihauäuru is also a large electorate. This is in breach of Article 3 of the Treaty. The maintenance of booth services for one partner to the Treaty; but not so for Mäori.

There are extra impediments to voting for the Taihauäuru voters whereas this was not imposed in the Taranaki-King Country by-election. This, too, is in breach of Article 3 of the Treaty.

The relief sought is to provide the same range of booth service for Te Taihauäuru that was the case in 2002.

Apart from the avoidance of the breach of Article 3, this relief would accommodate the pressure on booths that will result from the 300 canvassers that are expected to come from the other six Mäori electorates to raise Mäori participation in the democratic process.
URGENCY
An urgent hearing before the Waitangi Tribunal is requested because this would provide for the opportunity for the Crown to provide relief. Should the hearing not be heard before Saturday 9 July, the time for relief to be made available would have passed.

Heoi anö rä, naku nä

Whatarangi Winiata

Localities without Te Tai Hauauru Polling Places in 2004 that had Polling Places in 2002
Sorted by number of 2002 ordinary votes
General Electorate Locality 2002 Booth location 2002 Valid ordinary votes Distance to 2004 booth by road (km)
Otaki Foxton Beach School, 10 Carthew Terrace 37 6
Otaki Ohau School, Muhunoa East Road 27 5
Otaki Waitarere Beach St. Aidan's Anglican Church, Waitarere Beach Road 21 15
Whanganui Ohawe Beach Progressive Hall, Ohawe Terrace 19 7.5
Whanganui Okaiawa School, 483 Ahipaipa Road, RD11 Hawera 19 7.5
Whanganui Kaponga School, 30 Egmont Street 17 13
Otaki Tokomaru School, Tokomaru Road 17 13
Mana Raumati South Memorial Hall, Tennis Court Road 17 3
Mana Kenepuru General Hospital, Kenepuru Drive 16 2.3
Rangitikei Sanson School 16 6
Taupo Ngakonui School, Kauri Room, Taumarunui Ngapuke Road 15 14
Rangitikei Tangimoana School 15 23
Mana Raumati South School, Matai Road 14 3
Ohariu-Belmont Grenada North Marist Northern Rugby League Club, Nassau Avenue 14 3.5
Otaki Ihakara Public Hall, corner Tavistock Road and SH 57 13 5
Rangitikei Himatangi Beach Community Hall 13 17
Otaki Manakau District Association Hall, Mokena Kohere Street 13 10
Rangitikei Newbury School 12 6
Rangitikei Bunnythorpe School 12 8
Rangitikei Cheltenham School 11 12
Otaki Waikanae Beach Community Hall, Rauparaha Street 11 2.5
Palmerston North Massey University Bernard Chambers 'A', University Avenue 11 4.4
Taupo Whakamaru School Hall, 36 Kaahu Road 11 9
Rangitikei Moawhango School 10 18
Taranaki-King Country Oaonui School, State Highway 45 10 9
New Plymouth Brixton Memorial Hall, Tate Road 9 3
Rangitikei Longburn School 9 4
Taupo Owhango School, Resource Room, Ohorere Street 9 21
General Electorate Locality 2002 Booth location 2002 Valid ordinary votes Distance to 2004 booth by road (km)

Mana Pauatahanui Hall, Paekakariki Hill Road 9 6
Otaki Te Horo School, School Road 9 8
Taupo Tirohanga School Library, Tirohanga Road 8 24
Taranaki-King Country Waimiha School 8 39
Taupo Whakapapa Village Firestation, Bruce Road 8 50
Whanganui Kai Iwi School, State Highway 3 7 13
Taupo Kakahi School, Pukehou Road 7 19
Whanganui Maxwell Maxwell and Districts Pre-School Centre, 1655 State Highway 3 7 23
Taranaki-King Country Motunui School, Main Road 7 4.5
Rangitikei Oroua Downs School 7 12
Taupo Waitahanui School Library, State Highway 1 7 Not in electorate
Taranaki-King Country Warea School, South Road 7 8
Rangitikei Whangaehu School 7 5
Rangitikei Colyton School 6 7
Taupo Lichfield School, Senior Room, Lichfield Road 6 15
Whanganui Matapu School, Hastings Road, RD15 Hawera 6 9
Whanganui Mosston School, 211 Mosston Road 6 2.5
Taupo National Park School Hall, Carroll Street 6 36
Taupo Okoroire School Library, Waiomou Road 6 10
New Plymouth Omata School Hall, Holloway Road 6 3
Rangitikei Parewanui School 6 9
Rangitikei Rongotea School 6 16
Rangitikei Taonui School 6 4.5
Taupo Tapapa School Library, Rotorua Road 6 9
Taupo Tihoi Tihoi Venture School, Room 2, Tihoi Road 6 40
Whanganui Westmere School, Rapanui Road 5 4.5
Localities without Te Tai Hauauru Polling Places in 2004 that had Polling Places in 2002
Sorted by distance from nearest 2004 booth

General Electorate Locality 2002 Booth location 2002 Valid ordinary votes Distance to 2004 booth by road (km)
Taupo Whakapapa Village Firestation, Bruce Road 8 50
Taupo Tihoi Tihoi Venture School, Room 2, Tihoi Road 6 40
Taranaki-King Country Waimiha School 8 39
Taupo National Park School Hall, Carroll Street 6 36
Taupo Tirohanga School Library, Tirohanga Road 8 24
Rangitikei Tangimoana School 15 23
Whanganui Maxwell Maxwell and Districts Pre-School Centre, 1655 State Highway 3 7 23
Taupo Owhango School, Resource Room, Ohorere Street 9 21
Taupo Kakahi School, Pukehou Road 7 19
Rangitikei Moawhango School 10 18
Rangitikei Himatangi Beach Community Hall 13 17
Rangitikei Rongotea School 6 16
Otaki Waitarere Beach St. Aidan's Anglican Church, Waitarere Beach Road 21 15
Taupo Lichfield School, Senior Room, Lichfield Road 6 15
Taupo Ngakonui School, Kauri Room, Taumarunui Ngapuke Road 15 14
Whanganui Kaponga School, 30 Egmont Street 17 13
Otaki Tokomaru School, Tokomaru Road 17 13
Whanganui Kai Iwi School, State Highway 3 7 13
Rangitikei Cheltenham School 11 12
Rangitikei Oroua Downs School 7 12
Taupo Okoroire School Library, Waiomou Road 6 10
Otaki Manakau District Association Hall, Mokena Kohere Street 13 10
Taupo Whakamaru School Hall, 36 Kaahu Road 11 9
Taranaki-King Country Oaonui School, State Highway 45 10 9
Whanganui Matapu School, Hastings Road, RD15 Hawera 6 9

General Electorate Locality 2002 Booth location 2002 Valid ordinary votes Distance to 2004 booth by road (km)
Rangitikei Parewanui School 6 9
Taupo Tapapa School Library, Rotorua Road 6 9
Rangitikei Bunnythorpe School 12 8
Otaki Te Horo School, School Road 9 8
Taranaki-King Country Warea School, South Road 7 8
Whanganui Ohawe Beach Progressive Hall, Ohawe Terrace 19 7.5
Whanganui Okaiawa School, 483 Ahipaipa Road, RD11 Hawera 19 7.5
Rangitikei Colyton School 6 7
Otaki Foxton Beach School, 10 Carthew Terrace 37 6
Rangitikei Sanson School 16 6
Rangitikei Newbury School 12 6
Mana Pauatahanui Hall, Paekakariki Hill Road 9 6
Otaki Ohau School, Muhunoa East Road 27 5
Rangitikei Whangaehu School 7 5
Otaki Ihakara Public Hall, corner Tavistock Road and SH 57 13 5
Taranaki-King Country Motunui School, Main Road 7 4.5
Rangitikei Taonui School 6 4.5
Whanganui Westmere School, Rapanui Road 5 4.5
Palmerston North Massey University Bernard Chambers 'A', University Avenue 11 4.4
Rangitikei Longburn School 9 4
Ohariu-Belmont Grenada North Marist Northern Rugby League Club, Nassau Avenue 14 3.5
Mana Raumati South Memorial Hall, Tennis Court Road 17 3
Mana Raumati South School, Matai Road 14 3
New Plymouth Brixton Memorial Hall, Tate Road 9 3
New Plymouth Omata School Hall, Holloway Road 6 3
Otaki Waikanae Beach Community Hall, Rauparaha Street 11 2.5
Whanganui Mosston School, 211 Mosston Road 6 2.5
Mana Kenepuru General Hospital, Kenepuru Drive 16 2.3
Taupo Waitahanui School Library, State Highway 1 7 Not in electorate

Number of Motor Vehicles Available to Household – 2001 Census

Number of Motor Vehicles (1) Maori (2) % Non Maori (3) % Total %

No Motor Vehicle 65034 13.4% 64857 7.6% 129891 9.7%
One Motor Vehicle 192618 39.6% 333615 38.9% 526233 39.1%
Two Motor Vehicles 150630 31.0% 312486 36.4% 463116 34.5%
Three or More Motor Vehicles 64029 13.2% 105087 12.2% 169116 12.6%
Not Stated 13557 2.8% 42357 4.9% 55914 4.2%

Total People 485868 100.0% 858402 100.0% 1344270 100.0%

(1)Usual Residents in Households,
(2) for Mäori Ethnic Group
(3) Total less Maori Ethnic Group

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