A top Wellington police commander told the city's mayor a councillor made a "nuisance" of himself in search and rescue efforts during April's destructive floods.
By Ellen O'Dwyer of RNZ
Wellington City Council documents released to RNZ under the LGOIMA also show Ray Chung was warned by a council staffer not to go to a search scene in South Karori.
They show Mayor Andrew Little intended to sack Chung as chair of the CCO Review and Appointments subcommittee, which Chung later resigned from. Chung hired lawyers and disputed several of the claims.
Chung, who is a councillor for the Wharangi/Onslow-Western ward, attended the search for missing Karori man Philip Sutton on 21 April, after friends of Sutton's family issued a call for volunteers on a day police had suspended their search.
Police later urged the public not to take the search into their own hands.
What happened on the day
Emails show that on April 21, the day after Wellington's extreme flash flooding, Chung got in touch with council officers, saying he had been contacted by someone distraught that the search had been called off.
"One of the neighbours has found the bumper of a car that might be his. I'm heading out there now and will ensure, or try to stop anyone going into the water."
The council's chief planning officer, Liam Hodgetts, replied and told Chung not to go to the scene.
"I wouldn't recommend that. Best to stay inside. The police are in contact with the EOC [emergency operations centre] and leading this operation."
Chief adviser to Hodgetts, Moana Mackey, told the chief of staff to the mayor, David Hawkins, and two other staff members that Chung "needs to let the police manage this".
Texting with his constituent, Chung said he was at the scene and "have spoken to a few volunteers and we can't get past where the river goes around the bend. The water's moving really fast too!"
The constituent replied they would let volunteers know it was too dangerous to search, and Chung said it would be easy to be washed down the stream.
'A nuisance' - what top cop told the mayor
Philip Sutton, aged in his 60s, was reported missing on Monday morning when torrential rain overwhelmed parts of Wellington. (Source: 1News)
In a text message, Wellington Area Commander Dean Silvester told Little he wanted to discuss Chung's behaviour.
"I've been advised that councillor Chung had made a nuisance of himself in relation to the search and rescue efforts in Karori," he wrote.
"This has included the spreading of misinformation and inappropriate contact with emergency services and the missing person['s] family."
Chung later clarified to RNZ that he spoke with a third party connected with the family, not a direct family member.
In another phone call, Little said Silvester told him police officers in his chain of command made complaints about Chung's behaviour toward them.
According to the mayor, Silvester said Chung had phoned the officer in charge of the search and rescue operation, who said it was not appropriate for volunteers to search at the site.
Chung's later legal action also disputed that he had contact with Sutton's family, that he was spreading misinformation or had inappropriate contact with emergency services.
Elected officials must be held to 'high standards'
In a draft letter to council chief executive Matt Prosser, Little said he believed Chung had breached the code of conduct for councillors through his actions.
Specifically, Chung had breached the values of public interest, personal judgement, leadership and respect for others - and it might have run counter to his responsibility in a duty to uphold the law, Little said.
Little said he met with Chung the day before, but found his account to be "shifting, evasive, and fundamentally contradictory".
While it was normal to want to help find a missing person, councillors needed to deliver clear advice in states of emergencies, he wrote.
"But elected officials must be held to high standards, especially during a regional state of emergency when the public look to us for guidance."
Chung in response said there were serious inaccuracies in the claims being made, and that he was only at the search scene telling volunteers at the search scene to get in touch with police.
Later, Little sent another letter to Chung, stating he had lost "trust and confidence" in him over his actions at the search.
"That search was under the control of the police who had suspended the search because the conditions were considered too dangerous. As elected members we should comply with the law and be seen to uphold the law."
Little said he was considering Chung's actions in the context of "previous lapses of judgment", including "careless" disclosure of a colleague's media training, failing to declare a conflict of interest, and "material errors" in his pecuniary interest declaration.
He told Chung he had the "power" to remove him from his role on the subcommittee and that he intended to do so, giving Chung a last chance to provide more information.
Media were later told Chung had resigned from the committee because he wanted to focus on his constituents.
Mayor has 'dropped' in my estimation
A text exchange between Chung and his contact shows the councillor asking for recordings of his conversations over the matter, and that Chung had hired a lawyer.
The person replies: "Ok lawyer...not impressed with Andrew for this stress upon me and you and now expense."
Chung agrees. "Thanks. I met with the lawyer today and likewise, my estimation of Andrew has dropped."
On 4 May, a letter from lawyers McBride Davenport James disputes the mayor's version of events, including that he had not spread misinformation or contacted Sutton's family.
"Cr Chung is very conscious that in the middle of all this is a grieving family. He is concerned that your advancing incorrect claims will unnecessarily drag the family back into the spotlight, for what appears to be political reasons."
Chung told RNZ on Thursday he stood by his actions. He said he had already left his house when he was told by the council not to attend the scene, was never warned by police not to go, and only went there to help.
Little said he had nothing further to add now that Chung had resigned from the subcommittee.
Chung said the saga had "absolutely" been a waste of time, and questioned whether it was part of a "witchunt" to "disparage" him.
He said he intends to remain a city councillor.
"Yes why would I not? if I was to resign or consider resigning - it's admitting to that group of people that they've beaten me."
Today's stories include a miraculous rescue in Venezuela, an update on the Empire state building couple, wildfires in France and Taylor Swift's wedding. (Source: 1News)
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