The Government will stop unelected individuals from voting on council committees, a move an Act MP has characterised as closing an “anti-democratic loophole”.

The issue of unelected New Zealanders being appointed to council committees and then having voting rights has received attention across local and central Government recently.

It includes a case in the Far North where hapū representatives were confirmed to be put on a committee tasked with shaping Māori strategic relationships and embedding Te Tiriti-based partnership in council decision-making.

Once on the committee they would have full speaking and voting rights alongside elected representatives. They won’t make final decisions but will vote on issues to go to a full council.

Act leader David Seymour said anyone voting on council decisions should be accountable, including facing elections. The party lodged a Member’s Bill to prohibit voting rights for unelected appointees.

But now Local Government Minister Simon Watts says non-elected individuals can still be appointed to offer professional advice and represent communities, but they will not be able to vote or count towards a quorum.

The Government confirmed statutory committees and appointments, including those agreed as part of a Treaty settlement, will be excluded and committee members appointed under acts that are not covered by the Local Government Act 2002 will retain voting rights.

“Councillors are directly accountable to voters for their decisions. We are amending the Local Government Act 2002 so only elected members hold voting rights at council committee meetings,” Watts said.

Local Government Minister Simon Watts made the announcement on Tuesday. Photo / Mark Mitchell

“Councils and the public nationwide have raised concerns about individuals holding voting rights on council committees, undermining decision-making and diluting the influence of democratically elected members.”

The minister mentioned examples in Far North, in Tauranga and in Hastings “where individuals, such as iwi representatives and young people aged under 18, have been appointed to council committees and given voting rights without being elected by the community”.

“That’s not democratic, so we’re fixing it,” he said.

“While it is useful and appropriate that councils are able to make appointments that bolster the skills, attributes and knowledge of elected members, those individuals are not elected by ratepayers and therefore have no democratic accountability.”

The changes will be included in the Local Government (System Improvements) Bill, which is currently before Parliament.

Once that legislation passes, councils will have six months to review appointments before the change comes into effect.

Act’s Local Government spokesman Cameron Luxton said the change was a “massive win for ratepayers and local democracy”.

He said the issue had been an “anti-democratic loophole”.

“Councils remain free to seek advice and input from whoever they choose. Consultation is important. But when it comes to making decisions and casting votes, accountability matters,” he said.

“The people making decisions on behalf of ratepayers should be the people ratepayers can vote out.”

The Act Party has been prosecuting the issue. Photo / Mark Mitchell

The case in the Far North received national attention after Act councillor Davina Smoulders made allegations about “co-governance on steroids”. She said it put influence in the hands of individuals who weren’t directly accountable to voters.

However, Mayor Moko Tepania said it was distracting from other work.

“We have too much mahi to do for the people of the Far North, to get us forward, to be having a debate over whether or not something is legal when it has been legislated already.

“So I say to those that want to try and detract or to put focus on us on whether or not the instruments that we’re implementing in here to include Māori at the final district council are right or wrong, that argument and that debate needs to go to central government who have legislated that it’s absolutely fine and we are carrying on with our mahi.”

Jamie Ensor is the NZ Herald’s Chief Political Reporter, based in the press gallery at Parliament. He was previously a TV reporter and digital producer in the Newshub press gallery office. He was a finalist in 2025 for Political Journalist of the Year at the Voyager Media Awards.