The Office of the Auditor General (OAG) has endorsed the provision of advice by the Queenstown Lakes District Council to local government election candidates regarding conflict of interest, predetermination and contempt of court, QLDC chief executive Debra Lawson said.

The Council circulated a briefing note for prospective Council and Mayoral candidates last month outlining challenges and principles that they could face.

The advice had been criticised and referred to as a ‘gagging mechanism’.

“We met with and sought advice from senior OAG officers - including Assistant Auditor-General, Local Government Bruce Robertson - to review this matter and they have made some observations,” Ms Lawson said.

The OAG confirmed it was ‘good practise’ for the Council’s chief executive to provide advice to local body election candidates. 

“The view was that provision of such advice was not unusual and could not be construed as interference in the political election process,” Ms Lawson said. 

The airport transaction - which was partly referred to in the advice - was clearly a matter of public interest in the community and therefore something that candidates would want to debate and discuss.

“That is why we responsibly addressed the matter with candidates,’ Ms Lawson said.

Part of the advice given to candidates was that the decision-making process involved in the issue of shares in Queenstown Airport was being challenged in the High Court.

The advice went on to say that given the Council was a defendant in the matter it was generally considered inappropriate to comment publicly on matters under consideration by a court or risk contempt.

“It also outlined the issue of predetermination in terms of decision-making that elected members may be involved in after the election campaign,” Ms Lawson said.

The OAG had confirmed that Council officers had a clear responsibility to identify risks around the debate on this matter and communicate those risks to candidates, she said.

“That is why councillors and candidates needed to be made aware that making ‘absolute’ statements now about the airport or any other key issue could result in either a Councillor not being able to participate in any future decision-making, or making the decision subject to legal review,” Ms Lawson said.

There was scope for debate and discussion in the election about the future ownership of the airport and other key issues but our advice is the discussion should be carefully framed. We can only offer advice, the rest is up to the individual candidates, she said.

Council was grateful to the OAG for its input regarding the Council’s advice to candidates.

“I will have no hesitation in continuing to reiterate this advice to candidates,” Ms Lawson said.

ENDS

For further information please contact Roger Taylor 03 441 0499.

 

By: Rebecca