Tauranga's city council ward system may be scrapped for the upcoming local body election in October because of an appeal against its legality.

Rob Paterson's appeal was heard by the Local Government Commissioners on March 17. The decision is expected in the next week or two.

Rob's challenging the council decision on two fronts: That in fixing the new ward boundaries in 2015, the council made and illegal decision, and a wrong decision.

It's illegal because the Electoral Act requires the council decision to change ward boundaries to be made and advertised within six weeks of the closing of submissions – by July 8, 2015.

When Tauranga City Council deferred its decision until July 22 it broke the law, says Rob. The city council should have made the decision at the June 23 council meeting where Rob and other objectors made their submissions. The council decision to keep the existing number of ward seats was made public on July 25, 2015.

It's not a secret. Tauranga City Council told the LGC about it when it happened.

'Yeah we did, absolutely,” says Mayor Stuart Crosby. 'Rob Paterson also agreed with us that it had no consequential effect at all.

'We were going through a multi-stage process of community engagement and that did go over the time frame.

'Rob's position was we should stick to statutory time frame but sometimes the world doesn't work like that.”

Rob wants council ward seats reduced from six to three. He's also appealing the redrawing the ward boundaries for Bethlehem and Welcome Bay by including The Lakes in Bethlehem instead of Welcome Bay.

Rob wants Otumoetai-Pyes Pa cut off at 15th avenue and at the Moffat Road/Cambridge Road intersection so Pyes Pa/Tauriko and Gate Pa are placed in a re-named Welcome Bay/Pyes Pa ward.

On the current 11 member council, ward councillors outnumber those voted in at large, 6:5. Six ward councillors, four at-large councillors and one mayor. It means each ratepayer can vote for only the four at large seats and the two seats in each ward. There are four council seats that each voter cannot cast a vote for.

'At large council seats represent a golden opportunity for Maori and other minority groups to put up suitable candidates for election with a good chance of success,” says Rob. 'Good candidates would stand a very good chance of being elected if all the seats were at large.

'This would also address the calls for race based representation or race based electoral seats on councils.”

Kiwi will never accept race-based politics, says Rob, but history has shown they will endorse and embrace any capable candidate.