Rubbish contract goes ahead

Council votes to disqualify Clean Stream tender and award island’s refuse and recycling service to TransPacific

BY DIANA WORTHY
Last updated 14:04 17/06/2009
PROTEST: Waiheke Islanders gather at the downtown wharf ready to march on city hall.

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Auckland City Council (ACC) is awarding a 10-year refuse and recycling contract for the island that is against the wishes of island residents and some councillors.

ACC’s city development committee voted to award the new $21,441 contract to Australian-owned TransPacific International (TPI) on Thursday, last week.

The decision was met with cries of “shame on you” and catcalls from a large group of protestors from the island.

The group of around 50 people had marched to the town hall with colourful banners after staging an initial protest with new song Ko Tahi Tanga Waiheke (Waiheke speaking in one voice) at Waitamata wharf.

Crowding into the council chamber, the group’s initial silence erupted into a storm of applause as ACC Hauraki Gulf Islands’ councillor Denise Roche made her entrance.

And a similar accolade met the City Vision and Labour councillors who had spoken out in support of islander’s fears over losing their community-run Clean Stream service.

Roche had to leave the chamber shortly afterwards, having been banned by the committee from any part in discussions over the tenders because of a conflict of interest.

The committee later voted to disqualify present community-run service providers Clean Stream from the tender process, claiming the company had “canvassed” councillors Cathy Casey, Leila Boyle, Richard Northey, and Graeme East.

The claim has been denied by both Clean Stream director John Stansfield and the councillors.

Casey announced her withdrawal from any further discussions, at the start of the meeting because of the accusation.

Her impassioned speech drew applause and cheers from the onlookers.

“Yes, I did suggest to residents that a wheelie bin protest snaking up Queen Street might get publicity. They obviously had a better idea. They certainly had a good one today, putting banners around the town hall,” she said.

Casey referred to council processing plant Visy’s recyclables mountain and said she had investigated because she wanted to know how it would affect waste on the isthmus.

She said the probity auditor had taken the view her actions on behalf of ratepayers had produced a conflict of interest that could affect the waste tender process on Waiheke.

“If trying to represent the views of the Auckland public is defined as having a conflict of interest then, mea culpa – I am guilty. Yes, I do take the people’s part. I am still in their corner. As required, therefore, I declare my interest and withdraw from the debate,” she finished.

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Visibly upset, Casey left the chamber to join fellow councillor Denise Roche sitting outside.

Neither took part or voted on the issue the next day at full council.

Once Casey had left the room, lawyer Carl Rowling told committee members there was a risk of council being subjected to judicial review if Clean Stream was not disqualified and awarded the contract.

Deputy mayor David Hay added council was under the rules and regulations of the auditor general and had a legal obligation.

“We can’t contract jobs out to mates on Waiheke any more than we can on the isthmus,” he said.

The decisions by the committee were ratified at a special meeting of all councillors the next day.

But the award of the contract still has to go before the Auckland Transition Agency (ATA), charged with setting up the new super-city Auckland Council.

A confidential memo from ACC risk and assurance manager Glennis Christie to ACC chief executive David Rankin claims council lawyers have advised that a decision by ATA to decline the contract is unlikely.

She says initial legal advice is that it meets the main criteria of the new Local Government (Tamaki Makaurau Reorganisation) Act, recently passed by government to enable the new super-city.

Auckland Central MP Nikki Kaye wrote to the ATA, prior to council’s decision last week, pointing out Waiheke had been regarded as a special case by the Royal Commission for greater local powers.

She told Waiheke Marketplace on Monday this week she will be writing to agency head Mark Ford again, telling him it is not in the best interests of the community for such a large contract to go ahead.

ATA spokeswoman Monique Ooman confirmed this week the agency would not be up and running until some time next month.

Clean Stream’s contract ends at the end of this month.

Island ratepayers received letters at the beginning of June telling them they would only get 13 red refuse sacks from July instead of the normal 52.

The letters say the reduced allocation is because council does not yet know how many on the island want to take up the option of having bins instead.

TPI offered the mixed option in its tender even though tender documents had instructed companies to choose one or the other.

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