Councillors breach Local Authorities Act: Auditor General

Last updated 14:09 22/12/2009

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Four Environment Canterbury councillors breached the law when they discussed and voted on a council proposal in which they had a financial interest, the Auditor-General says.

Bronwen Murray, Angus McKay, Pat Harrow and Mark Oldfield were investigated following complaints after voting to defer water management charges for 12 months during last year's long-term plan deliberations.

The four councillors held water consents.

Auditor-General Lyn Provost received complaints in July, and another in October, that they had breached the Local Authorities Act by discussing or voting on matters they had a financial interest in.

She found the four breached the Act, but they would not be prosecuted because it was unlikely to result in conviction.

Ms Provost said she was concerned at the lack of awareness and guidance about conflicts of interest, and her office would work with the council and individual councillors "to help them deal more appropriately with any conflicts of interest in future decisions on water management issues".

Her office was working with the council on whether to grant a declaration to enable the four councillors to participate in future decisions on water management issues.

Environment Canterbury chairman Alec Neill said he was "encouraged that no penalty will be applied" to the councillors.

The council would examine the decision next year and decide how to implement Ms Provost's recommendations and ensure the same situation did not arise again.

He would ask the council's chief executive to make an exemption for the four councillors to participate in discussions over water management charges.

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