Local government Minister Simon Watts has asked his officials to ‘engage with’ Far North District Council after a local councillor called for the appointment of a Crown Observer.
By Susan Botting, Local Democracy Reporter
Kerikeri ACT Local Councillor Davina Smoulders recently made claims of governance issues at the council.
Far North Mayor Moko Tepania said Minister Watts had sent a letter to the council on Thursday expressing confidence in the council.
In the letter, the Minister notified Tepania of the request for Ministerial intervention.
The request was based on concerns about the governance environment within the council and elected members’ ability to participate in council matters, the letter said.
“As the Minister of Local Government, I expect all mayors and councillors across New Zealand, including at the Far North District Council, to collaborate effectively and deliver for their communities,” Watts said in the letter.
Watts said his understanding remained that the council was discharging its functions under Local Government Act requirements.
The Far North mayor said the council had not heard from the Minister since.
"We have not received any information from Minister Watts regarding a Crown Observer other than a letter we received yesterday, outlining that he remained confident we were discharging our functions under the (Local Government) Act and that he was satisfied we were conducting our governance appropriately.
"If that situation has changed, however, then we are committed to working with the Minister and his processes regarding this matter," Tepania said.
Smolders welcomed Minister Watts’ decision to have officials engage with the council and report back to him.
“While I still think the appointment of a Crown Observer is needed to deliver better governance, I'm glad that in the meantime officials from outside the Council will consider the facts,” Smolders, a first-time Far North councillor, said.
“My focus has always been on transparency and making sure decisions are made in line with the law and in the best interests of our community.
I am confident that, with all of the information in front of him, the Minister will arrive at the right decision,” Smolders said.
Minister Watts told Local Democracy Reporting that there was a very high threshold for any Crown Observer appointment.
He said under the Local Government Act 2002, councils were autonomous, democratically elected bodies.
“My role as Minister of Local Government is not to get involved in day‑to‑day council operations or disagreements between elected members.”
Watt said councils were responsible for their own decision‑making, committee structures and internal governance.
“I encourage all elected members to engage constructively, act professionally and make use of the mechanisms available to them to resolve issues internally,” Watts said.
The powers to intervene are intended to be used only in “extreme circumstances” where there is clear and significant failure by a council to carry out its statutory responsibilities, he said.
“These interventions are subject to strict legal tests and are legally contestable.”
Since the Government’s power to appoint a Crown Observer was created in 2012, it has been used only twice in New Zealand among 78 councils - at Kaipara District Council and Wellington City Council.
Northland MP Grant McCallum said he expected all parties involved in the council’s governance to maintain the highest standards of professionalism and respect.
“I strongly recommend Local Government New Zealand engage proactively with the Far North District Council to provide support as needed,” McCallum said.
He said it was incumbent upon all members of the council to lead by example.
LDR is local body journalism co-funded by RNZ and NZ On Air
SHARE ME