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Local Democracy Reporting

Mackenzie ratepayers fork out $29,000 on councillor conduct probe

4:00pm
An investigation was launched by the Mackenzie District Council following an incident at its chambers in Fairlie in May involving Pukaki ward councillor Frank Hocken. (Source: Peter Oliver)

An investigation into whether a Mackenzie councillor pushed one council staff member and slammed the door in another's face has cost ratepayers more than $29,000.

The code of conduct investigation was launched in May after a confrontation between 89-year-old Pukaki ward councillor Frank Hocken, Mackenzie District Council chief executive Angela Oosthuizen, and two staff members at the council's chambers in Fairlie.

External consultant Bruce Robertson was assigned to the investigation, presenting a code of conduct report to the council in June.

This week, in response to a July 23 request under the Local Government Official Information and Meetings Act, the council stated the investigation into Hocken cost $23,192.34, including $17,903.34 for the investigation and $5,289 in legal fees.

However, on Tuesday, the council confirmed that figure had increased to $29,023.48 after Local Democracy Reporting (LDR) contacted the council’s communications team with questions over the spend.

"There was additional legal advice after the council meeting to adopt the investigation report," Oosthuizen said.

Legal fees had increased $5813 to $11,102.75, and investigation costs to $17,920.73, she said.

 External consultant Bruce Robertson conducted the code of conduct investigation, producing a report for the council in June. (Source: Claire Taylor)

The investigation into Hocken, requested by Oosthuizen, was the council's first code of conduct probe and followed the Elected Members Code of Conduct adopted by councillors last year.

"In the event of a material breach the process requires an independent investigation and the CE is required to follow the process," Oosthuizen said.

The council preferred funds to be spent on "focused" council activity, but maintained the investigation was the appropriate course of action for the council, Oosthuizen said.

In Robertson’s report at a council meeting in June, he found it "probable" Hocken had pushed two staff members during a confrontation.

Robertson’s investigation found Hocken had "unequivocally" breached the code of conduct when he visited the chief executive to discuss a ratepayer’s complaint.

A heated conversation in the council reception and later in the chief executive’s office with two other staff members led to what Hocken described as "brushing past" one staff member and closing the door with force on another, Robertson said.

Hocken’s behaviour had breached the council’s code of conduct, he said.

"It is probable that 'brushing past' meant there was physical contact at least in the second situation … I conclude on the balance of probabilities that he did push them."

Frank Hocken with support Peter Oliver at the June council meeting. (Source: Mackenzie District Council)

Recommendations put forth by Robertson were passed by councillors and included an apology from Hocken to the CEO and two senior staff involved in the incident.

Hocken told LDR he was not surprised by the figure, having estimated the investigation would cost "about $30k".

He said he offered to pay half the investigation fees at the June meeting, but nothing came of the proposal.

"I offered to pay half if the chief executive and the two managers paid the other half," he said, referring to those involved in the incident.

– LDR is local body journalism co-funded by RNZ and NZ on Air

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