Prosecute ECan four, says local govt group

Four Environment Canterbury (ECan) councillors who broke the law must be prosecuted for abusing their positions, a local government action network believes.

The Office of the Auditor-General ruled that Crs Pat Harrow, Angus McKay, Bronwen Murray and Mark Oldfield, all of whom have water consents and irrigation interests, were conflicted by taking part in debates and voting on proposed water charges.

However, Auditor-General Lyn Provost and the Crown Law Office decided not to prosecute the four, saying it would not be in the public interest to do so and that convictions would be unlikely.

Council Watch, which represents residents' associations nationwide and advocates better community involvement in local affairs, says its research indicates a widespread and systemic lack of compliance with the law by councils.

Spokesman Jim Candiolitis, a former local government candidate in Wellington, said Council Watch wanted to know why "four Canterbury farmers can get away scot-free for their actions".

"This decision prevents the justice system from making that decision on behalf of the country, to reflect the standards expected of the country's elected officials.

"We understand that one councillor [Oldfield] sought a legal opinion and he shared this with his colleagues. If any councillor had enough doubt to seek a legal opinion, they should have withdrawn as a matter of principle," Candiolitis said.

Those in public office enjoyed privileges beyond those of ratepayers. While the auditor-general had deemed the possible financial advantage for the four councillors of voting against water charges as unlikely to be significant, the amount was a moot point.

"It is the act of breaching the law that is what is important here. This is evident in that the law allows only a fine of up to $100 but upon conviction, forces the removal of the individual from public office."

Sanction by public report was not strong enough, he said.

- © Fairfax NZ News