Outspoken opponent of legal highs Philippa Baker-Hogan has withdrawn from council deliberations around the drugs, fearing a legal challenge from the psychoactive substances industry.
Ms Baker-Hogan chairs Wanganui District Council's strategy and policy committee which meets tomorrow for three days of public submissions on the Psychoactive Substances (legal high), Local Approved Products Policy.
This policy will decide where legal highs can be sold, between what hours, and other aspects governing their sale.
However, Ms Baker-Hogan has called for a complete ban on the drugs and has been prominent in opposing their sale over the past year.
Yesterday, she said legal advice had prompted her to declare a conflict of interest and withdraw from the committee while the submissions are heard.
It is also understood that Councillor Jack Bullock, another strong opponent of the sale of legal highs, has had the same advice and will also withdraw from the committee.
Ms Baker-Hogan said yesterday: "In the event of council being challenged over its decision-making around this policy, there would be a good to high chance that I would be considered to be conflicted."
She said the legal highs industry might question whether she went into the submissions process with an open mind, and take legal action accordingly.
"Any challenge would be on the council and, ultimately, the ratepayers," she said.
"There are two clear arguments, being that, as an elected member, I am perfectly entitled to tell the electorate what I would do about an issue. The counter is, do I have a pre- determined opinion on this issue?"
"I will not put this council in jeopardy of what could be a costly legal challenge, presumably from the legal high industry that seeks large profits at huge cost to the health and wellbeing of people and families in our community.
"I make no apology for standing up against legal highs, even though it has resulted in my decision to withdraw from the decision-making at council."
The proposed local approved products policy (LAPP) has prompted the huge number of 706 submissions and, of those, 70 will appear at hearings set to run tomorrow until Thursday.