19 October 2010

Legal Advice To Campaigning Councillor Challenged

Auckland City Councillor Cathy Casey campaigned to stop the eviction of Monte Cecilia School and has now been advised that she might be disallowed from voting on the issue in the new Auckland Council.

At a legal briefing this morning for newly elected members covering law on conflicts of interest, bias etc., Bill Loutit of Simpson Grierson cautioned elected members to stay "open minded" and avoid taking public positions on issues when electioneering. He said that taking a definitive position could mean that a member is "irretrievable committed' to a set outcome and holding such a bias, the member should not take part on discussion or voting on that issue.

Councillor Casey says she was shocked by the advice. "I campaigned to stop the wasteful spend-up of $30m to evict Monte Cecilia School and many people voted for me to do just that. The law is an ass if it now tells me I am to be prohibited from acting on that election pledge. Is the democratic mandate given to me by the people of Albert Eden Roskill to be ignored?

"I am seeking urgent legal clarification of the opinion put forward at this morning's briefing. Clearly legislative action will be required by Central Government if the democratic mandate of the people who elected me is to be denied in this way.

ENDS.

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