Chicanepictures.com

And jellybeans

Tim Shadbolt’s autobiography is well titled Bullshit and Jellybeans. I can only conclude that after 24 years as Mayor he has taught the councillors and staff well because the amount of bullshit promulgated as justification for closing the Southland Museum and Art Gallery (SMAG) has reached unprecedented levels. The Southland Times calls it a scandal; true but for the wrong reasons.

Point 1: The closure may have been made by the SMAG Trust Board but this was forced by the ICC decision to withdraw its 41 staff. The chief executive cites her hypothetical liability under the Health and Safety at Work Act (HSWA) as the basis for withdrawing the 41 ICC staff from the SMAG based on what ‘‘Legal commentators have observed.’’

Did the ICC seek a legal opinion? Better still did they seek a ruling from Worksafe which administers HSWA?

Worksafe nipped this notion in the bud early on after the enactment of HSWA by making a position statement that they would not seek enforcement nor prosecution under HSWA if the provisions of the Building Act was being complied with. Instead the ICC decision to withdraw staff and possibly end the employment of some as well as consequentially closing SMAG is based on the observations of ‘‘legal commentators’’?

Point 2: There seems to be some notion that as soon as a building falls below 34 per cent of NBS it must close, read Tim’s April 14 column ‘‘Of course I’m sure no councillor or myself as mayor wish to close these iconic buildings but once they fall below 33 per of the New Building Standards they are classified as earthquake-prone and we have no choice’’.

Tim, I make no apology, but that is just bullshit and a misrepresentation of the purpose, intent and legal requirements of the earthquake-prone sections of the Building Act.

I challenge every councillor and those ICC staff associated with the implementation of the Building Act to read the ‘‘How the system for managing earthquake-prone buildings works’’ section of the MBIE website https:/ /www.building.govt.nz/managingbuildings/managing-earthquakeprone-buildings/how-the-systemworks/ and then tell me they are following their obligations correctly. Start with the brief video its at the top of the menu on the left hand side of the page.

I am aghast at the continuing knee-jerk and frankly silly decisions of this council and the recent actions must be challenged. Stop the outlandish inflammatory and emotional self-justifying statements about school kids being crushed under collapsing structures and follow the legal process laid out in the Building Act for dealing with earthquakeprone buildings in the manner intended by central government.

The post Christchurch earthquake Royal Commission addressed all of these issues and the commission’s report formed the basis for the current legislation.

To quote the MBIE website ‘‘The national system ensures the way buildings are managed for future earthquakes is consistent and strikes a balance between the following; protecting people from harm in an earthquake; the costs of strengthening or removing buildings and; the impact on New Zealand’s built heritage’’.

Where is the voice of levelheadedness, common-sense and sensibility, attributes that this current council is sure in need of? Lindsay Buckingham Invercargill Invercargill City Council chief executive Clare Hadley replied:

The decisions to close the museum were made in accordance with the law to ensure the safety of people, including the safety of ICC staff. I take these obligations very seriously. Legal advice was sought. I’m also deeply conscious that this decision is one that affects many people in our community. My priority right now is consulting with our 41 staff and supporting them

Museum site

There is talk of the Southland Museum and Art Gallery being transferred to the city’s business area. Surely these two areas are far from compatible.

While big business activity is good for the city, museums and art galleries need an atmosphere of peace and tranquility which is pretty hard to get these days. The rightful place for the Southland Museum would seem to be where it is now, right beside the beautiful well kept gardens of Queens Park.

And it must surely cost less to have it strengthened to overcome earthquake problems, than have a brand new one built in the business area. Our good mayor Tim was surprised at its sudden closure.I’m sure he wouldn’t mind being surprised again if it went back to where it came from. Michael Ferns Invercargill