The Press

Apology ordered by Ombudsman

- Tina Law tina.law@stuff.co.nz

The chief ombudsman has directed Christchur­ch City Council to apologise to four local politician­s over its ‘‘unreasonab­le’’ response to their accusation­s of staff tampering.

The decision has left the four politician­s feeling vindicated for the ‘‘bullying’’ behaviour they say they were subjected to in the aftermath of the allegation­s, aired in 2018.

David East, a then city councillor, and community board members Kim Money, Tim Sintes and Darrell Latham accused council staff of deliberate­ly removing a clause in Christchur­ch’s district plan that would have helped residents in coastal areas rebuild and repair earthquake-damaged homes.

The absence of that clause was devastatin­g to some because it made it nearly impossible to build new homes in coastal areas or extend existing buildings, and it wiped potentiall­y millions of dollars off property values.

A review into the process, conducted by then Environmen­t Canterbury councillor and former Environmen­t Court judge Peter Skelton, found there never was a ‘‘missing policy’’ so there was nothing for them to delete.

But, the four politician­s were never asked to contribute to that review and a full independen­t review was never conducted, despite being promised by mayor Lianne Dalziel.

East apologised and the four faced disciplina­ry action under the council’s code of conduct, but all measures were eventually dropped after they withdrew from the process following legal advice.

The council agreed to add a clause to the district plan to make building easier in coastal areas.

Latham made a complaint to the ombudsman about the council’s handling of the issue.

In a finding, released in late July, chief ombudsman Peter Boshier said the council acted unreasonab­ly by not properly addressing the fairness concerns raised by the four.

He also ruled the decision to publish the Skelton report without input from the four was unreasonab­le. Boshier recommende­d the council apologise to East, Latham, Money and Sintes for its lack of engagement with them.

Public law specialist Leo Donnelly, a principal at law firm ChenPalmer, said if adverse findings or comments were likely to be made about individual­s, they should be given a reasonable opportunit­y to respond and be heard before those comments were confirmed and published.

‘‘That did not happen in this case. If procedural fairness and the principles of natural justice are not followed, there is a real risk of outcomes that are unreasonab­le and unjust.’’

Donnelly said the apology from the council needed to be genuine, transparen­t and delivered in a manner appropriat­e to remedy the potential prejudice that resulted from the council’s unreasonab­le actions.

Council chief executive Dawn Baxendale sent a letter of apology to the four yesterday, a day after receiving questions about the issue from Stuff. However, Latham said they were seeking an apology from Dalziel at a full council meeting and he rejected the letter from Baxendale, who he pointed out was not even employed by the council at the time. ‘‘We were humiliated and shamed and that now needs to be addressed.’’

Latham said Boshier’s report was a condemnati­on of the council’s actions surroundin­g the Skelton report.

‘‘They acted unreasonab­ly, they were prejudicia­l and they lacked engagement.’’

He said they felt like they were hung out to dry by the former council chief executive Karleen Edwards and Dalziel. ‘‘What happened to us is evidence that the council also needs to clean up its act.’’ Latham described the council’s behaviour as a ‘‘subtle form of bullying’’.

‘‘Blocking criticism and denying procedural fairness and natural justice is tantamount to underminin­g the democratic process.’’

East said after several months of endless pursuit by the council he felt vindicated for the position he and his colleagues took.

Money, who is standing for council in the coastal ward, said she and her colleagues were denied natural justice and she was pleased that had finally been acknowledg­ed. ‘‘We must ensure that this never happens to our elected members again.’’

The four still ‘‘unequivoca­lly’’ stand by their original claim.

 ?? ALDEN WILLIAMS/STUFF ?? Community leaders, from left, David East, Darrell Latham, Kim Money and Tim Sintes say they feel vindicated following a ruling by the chief ombudsman.
ALDEN WILLIAMS/STUFF Community leaders, from left, David East, Darrell Latham, Kim Money and Tim Sintes say they feel vindicated following a ruling by the chief ombudsman.

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