Briefing into mayor’s actions ordered by MP

The Minister for Local Government has ordered an urgent briefing into the actions of two elected representatives on the West Coast.

In July 2017, mayor Bruce Smith and councillor Durham Havill decided to build a stopbank on the Waiho River in Franz Josef, without the backing of the full council, and without consulting experts or conducting a proper procurement process.

Controller and Auditor-General John Ryan released a report on Tuesday which said he had serious concerns about the decision.

Yesterday, Minister for Local Government Nanaia Mahuta said she was ‘‘aware of the situation and is currently monitoring what is happening in Westland’’.

‘‘I have just received the OAG report and have asked officials for an urgent briefing. I will not be providing comment until I have received, and considered, that further information.’’

Mahuta has the power to conduct a review and order a commission take over from elected representatives.

A spokesman for the Department of Internal Affairs said it was also working through the report.

The report outlined several ‘‘serious legal consequences’’ for the council, including civil or criminal proceedings. It said Smith and Havill could be held personally liable and the council’s insurance could be invalid. The council could have no recourse if the wall failed because there were no proper contracting arrangements.

The West Coast Regional Council confirmed the wall was consented under emergency provisions of the Resource Management Act.

Smith and Havill have both defended the decision as essential emergency work. Smith said he would defend himself against any legal consequences because he believed the work was justifiable.

He did acknowledge that proper process had not been followed, but said it was necessary emergency work.

‘‘If we had followed the correct process our ponds would be gone. We would have been letting the people of Franz down by doing nothing,’’ he said.

A Franz Josef businessman said the wall was needed and the council had shown a ‘‘good old West Coast attitude of get in and get it done’’.

Logan Skinner, spokesman for the Franz River rating group, said there had been enough rain on two occasions since the wall was built to have closed the State Highway and potentially flood the school, kindergarten, tourism businesses and a farm near the ponds.

His group had been asking the regional council to build a wall for several years. He was pleased the wall had been built for significantly cheaper than the regional council had quoted ratepayers and was built with Government funds, instead of rates.

But Franz Josef dairy farmer Graham Berry said the wall should not have been built using public money without public consultation.