Disputes Tribunal vetoes Feyen claim
Horowhenua mayor Michael Feyen’s attempt to claim costs from his own council over a report he commissioned into the structural soundness of the council building has failed.
The saga, dating back to the beginning of his mayoralty, when Feyen questioned the building’s safety in the event of an earthquake, has wended its way to the Disputes Tribunal.
However, the tribunal has declined to hear Feyen’s claim at a full hearing and, in a decision released this week, has struck it out.
The decision does not say how much Feyen was claiming, but he has said he would be seeking more than $24,000 in reimbursement from the council for reports carried out by Structural Concepts and Koru VSL, as well as legal fees.
The tribunal settles claims up to $15,000 or, in exceptional circumstances, $20,000.
Feyen ordered the reports himself more than two years ago, because he didn’t trust council commissioned opinions that the building was safe, and initially agreed to fund them himself.
He lodged a claim with the tribunal after a subsequent request to council chief executive David Clapperton for reimbursement was denied.
After a hearing in the Palmerston North courthouse on Monday last week, the tribunal has said there was no expectation, contract or agreement stating the council would pay Feyen for the cost of the Structural Concepts reports.
It also said Feyen appeared to acknowledge there was no agreement of that kind.
Councillor Bernie Wanden said he was disappointed Feyen had gone to the tribunal after he had promised to fund the reports himself and after the council agreed there did not need to be further reports into the safety of the building.
Deputy mayor Wayne Bishop said Feyen’s claim was ‘‘absolutely farcical’’ and he was unsurprised it would not progress to a full hearing. He was frustrated the hearing had taken up time, energy and resources from the council. ‘‘I would hope that this is full and final now, but I’m not very confident.’’
In a statement, Clapperton said he was disappointed the case was taken to the tribunal.
‘‘It is a matter of public record that in November 2016, elected members resolved that the council support the two independent reports that have stated the council building is safe for occupancy and that no further ratepayers’ resources are to be invested in this matter.’’
Feyen declined to comment. Feyen’s former advocate, Christine Toms, also attended a tribunal hearing with the council on Monday.
Stuff has previously reported Toms’ role as Feyen’s advocate caused a stir with councillors when she sent an email written on behalf of the mayor requesting to see the qualifications of a senior council staffer.
Tribunal hearings are held in private, but rulings may be made public.