The New Zealand Herald

Council hot-heads sting ratepayers

Complaint probes put $180,000-plus in lawyers’ pockets

- Nikki Preston

The cost of justice isn’t really something that you can argue against. Dunedin Mayor Aaron Hawkins (left)

In-house fighting, naughty words or bad behaviour, ignoring privacy rules — or simply rubbing their council colleagues the wrong way. These are just some of the reasons behind the numerous complaints elected members faced last year.

Almost a third of the country’s 78 councils have had to deal with code of conduct complaints since October 2019 when new councils were elected, according to informatio­n provided to the Herald under the Local Government Official Informatio­n and Meetings Act.

It comes as a Government­appointed commission­er steps in to run the dysfunctio­nal Tauranga City Council after Mayor Tenby Powell’s shock resignatio­n.

Invercargi­ll City Council is also facing leadership challenges, with an independen­t report finding Mayor Tim Shadbolt is struggling in the role, after the Department of Internal Affairs raised concerns about the council’s performanc­e.

External consultant­s and lawyers appear to be the big winners out of the code of conduct complaints process, often earning thousands of dollars to investigat­e a complaint.

The total cost of the code of conduct complaints investigat­ed externally cost ratepayers more than $180,000 in the past year. And of at least half the complaints investigat­ed — many made by chief executives or elected council colleagues — it was found no breach had been made or if it had it was not material, so no further action was needed.

Dunedin City Council had the biggest bill, spending a total of $42,714 on four separate investigat­ions, but Mayor Aaron Hawkins said this was the cost of justice.

Hawkins said the tools to manage the behaviour of elected members were limited largely to the code of conduct process and, while it was “prescripti­ve and cumbersome”, it was all they had.

A complaint about Councillor Lee Vandervis cost $25,841 alone. It was made by three councillor­s after he yelled and pointed a finger at Deputy

Mayor Garey during a July meeting. The complaint was upheld and Vandervis was removed from two positions.

Dunedin City Council refused to disclose details of the two elected members involved in a non-material complaint in May relating to disclosure of informatio­n that cost ratepayers $12,003. Two complaints laid by former council chief executive Sue Bidrose on behalf of members of the public against unnamed elected members also cost $3668 despite not being upheld.

“That’s the costs of the process ... we can’t ignore people’s concerns. The code of conduct doesn’t allow us to do that anyway . . . The cost of justice isn’t really something that you can argue against,” Hawkins said.

The first-term mayor did not think Dunedin was the worst-behaved council and said members were generally collegial and constructi­ve.

One councillor’s controvers­ial actions resulting in five complaints from his colleagues led to Rotorua Lakes Council spending $38,300 on a barrister to investigat­e.

The council found Reynold Macpherson’s comments on social media about a council tender process in December 2019 breached the elected members’ code of conduct and ordered him to apologise. He wouldn’t, so the mayor did for him.

Hutt City Council shelled out $27,500 on an investigat­ion by a law firm into Councillor Chris Milne allegedly interferin­g with the council’s waste and recycling tender process and having a conflict of interest.

Milne was found to have seriously breached the council’s code and was struck off a subcommitt­ee and the Seaview Marin Ltd Board, banned from talking to staff and required to undergo training. He also had to pay $16,500 of the investigat­ion cost.

Taupo¯ District Council spent $1276 for an independen­t investigat­or to look into a code of conduct complaints against Councillor John Boddy who used the racist slur “n***** in the woodpile” at a council meeting in June. Boddy was found to be in breach of the code and censured by council and issued a formal apology.

Whangarei District Council incurred the fourth biggest cost — $11,117 — over code of conduct complaints.

The complaints involved Mayor Sheryl Mai complainin­g about Councillor Vince Cocurullo, who then complained about her.

Mai was found to have done nothing wrong. Cocurullo was found to have made a “minor breach” by releasing details of a confidenti­al meeting agenda but wasn’t penalised.

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