EDITORIAL: The smell of democracy on fire

Ewan McDonald | 11th February 2010

Finally, someone asked them. Given the answer to the question, we're not at all surprised that the Minister of "Local" Government and the National Party haven't had the cojones to do so.

The Herald on Sunday this week released the results of a demographically weighted poll of 1570 people on the forced amalgamation of Auckland's eight regional, city and district councils. This is due to happen in less than nine months.

The survey showed that, given the chance, most residents would call the whole thing off. Rounding the figures by the barest smidgin, 57 per cent would choose to remain with the existing councils while 43 per cent would opt for change.

The result reflects widespread concern about the speed of the changes and who's been driving them. Two-thirds of those surveyed said Aucklanders had been ignored and almost 71 per cent thought the changes had been rushed.

Many opponents feared their local identity would be lost, while others felt more consultation was needed.

Readers of this site, and of our hard-copy publication, will be well aware that The Aucklander has precisely the same concerns.

That is why we have taken the unusual step for a New Zealand newspaper of making a public stand on behalf of our readers.

Our full submission follows.

Ewan McDonald, Editor
Edward Rooney, Chief Reporter

To: The Auckland Governance Legislation Select Committee
Subject: Local Government (Auckland Law Reform Bill)
From: The Aucklander
Address: P O Box 32, Auckland Mail Centre
Phone: 09 373 6937
Email: letters@theaucklander.co.nz

The Aucklander WISHES TO APPEAR in support of this submission. The Editor, Ewan McDonald, wishes to represent The Aucklander with the Chief Reporter, Edward Rooney, in support.

It is The Aucklander's view that this Bill, in its current form, is an affront to the citizens of Auckland.

First, this Bill should restore the provisions of the Local Government Act 2002 which have been outrageously overridden by the Local Government (Tamaki Makaurau Reorganisation) Act 2009. That the people of Auckland should be denied the rights to democratic local governance is unconscionable and despicable.

The Select Committee should know that this Bill is ill-written, flawed and lacking in too many crucial areas to be allowed to continue. Examples of these damnable defects and omissions include, but are sadly not limited to, the following:

Clause 2

Provides for the commencement of this Bill at November 1, 2010. Commencement of this Bill - unless substantially revised to meet standards of commonsense, decency and democracy - should be postponed indefinitely.

Clause 17

This passes the buck on outlining the powers and responsibilities of local boards to the Auckland Transition Authority. Giving this assignment to an unelected and inscrutable agency is unprecedented and unacceptable. The roles of local board members should be set by Parliament in the name of the people of Auckland so that they can be held accountable.

Clause 24

This makes amendments to the Local Government (Tamaki Makaurau Reorganisation) Act 2009 before the ink has dried on it.

Section 35G of this clause strips the power to decide what Auckland Council functions are carried out by Council Controlled Organisation (CCOs) from elected local politicians. This clause transfers that power to the Minister of Local Government.

Further, new section 35H permits the Minister to appoint the directors of all the CCOs.

Beyond even this, new section 35I provides for the Minister of Local Government and Minister of Transport to appoint the directors of Auckland Transport, a body responsible for spending around half of the rates money collected annually from the people of Auckland.

Clause 24 also fails to make good on the promise to roll over existing conditions for council staff when they are transferred to another job within the new organisation. This should be written in without any further delay.

Clause 45

Limits the number of elected councillors from the Auckland Council on the Auckland transport body to two. The majority of members on this body of 6-8 directors should be elected by the citizens of Auckland.

Part 7 of this clause provides for the Minister of Maori Affairs to approve a selection panel to select members of a mana whenua advisory board. When finally chosen, this board will have no powers beyond giving advice. This should be replaced with a real and genuine provision for Maori to take their proper place on the Auckland Council.

Section 76 prevents councillors from being directors of CCOs. This prohibition should be removed.

Clause 49

Removes the restrictions on any potential sale by Auckland Regional Holdings of its shares in the Ports of Auckland. The provisions in Section 28 of the Local Government (Auckland) Amendment Act 2004 should be retained in this matter.

Clause 59

Stops any proposals to reorganise the Auckland Council until after the 2013 election. This removes the rights of people - even if they form a majority - to initiate a reorganisation or secession from the Auckland Council. The rights of citizens should be restored as were granted in the Local Government Act 2002.

Clause 60

Requires that both the 2010 and 2013 elections be held under the First Past The Post system. Voters should not be denied the option of choosing another system if the majority wishes it.

Clause 62

Places a moratorium on the sale of strategic assets only until July 1, 2012. This lets privatisation through the door before the elections in 2013. The moratorium should be extended at least until after the 2013 elections.

Clause 67

This removes public access to information about Watercare Services Ltd after June 30, 2012. After this date, decisions on water services and pricing can be made entirely out of public view. This provision should be deleted.

Clause 71

Removes the ability of the Auckland Council to direct Watercare on water pricing after June 30, 2015. This provision should be deleted.

Schedule 3

This sets the spending limits for election campaigns at $100,000 plus 50 cents for each registered voter in constituencies exceeding one million. Effectively, mayoral candidates will be able to spend $580,000 in the last three months of a campaign. The spending limits should be lowered, at least to the level of parliamentary candidates.

Summary

The Aucklander calls on the Select Committee to defer further reorganisation of the Auckland region until proper consultation and consideration has been granted its citizens.

Current transition arrangements should be held in place while elections are carried out in October 2010 as provided for in the Local Government Act 2002, Local Government (Auckland) Amendment Act 2004, Local Government Act 1974 and Local Electoral Act 2001.