Tauranga 2022 election uncertain as commissioners work on challenges and 'exit strategy'

It's uncertain who will sit in these seats at Tauranga City Council chambers after October next year. Photo / NZME

Would-be candidates for Tauranga's local body election next year are questioning whether it's worth running amid a cloud of uncertainty on whether an election will actually go ahead.

An exit strategy expected to include recommendations on the election's future, and that of city commissioners, could be known by the end of this year.

The election is scheduled to take place in October 2022, which at this stage would mark the end of reign for the commission that is acting in place of the city's elected council.

Local Government Minister Nanaia Mahuta appointed the commission and has the power to extend its term if she believes it is needed. However, she remains tight-lipped on what specifically she will base her decision on, and when that might be.

In a written response, Mahuta said she wanted to ensure a smooth transition back to full local democracy at the election next year.

Local Government Minister Nanaia Mahuta. Photo / NZME

"To achieve this, I have asked the commission to develop a clear exit strategy that includes building governance leadership and capability among elected members."

Mahuta will then "consider what actions I need to take to enable the community to return effectively to full local democracy".

"After I have reached a decision, officials at the Department of Internal Affairs will work with the council to notify the community."

A spokesperson from the minister's office said there was "no set timeframe" for the strategy but it was expected "well in advance of nominations for the 2022 local elections ... so that next steps are clear for the community".

Asked for what reasons the minister would consider extending the commission's term, whether she would rule out having a commission in place beyond October 2022, and what the commission would have to demonstrate to convince her the city was ready for elected members again, the spokesperson said it was not in the public interest to speculate.

The strategy "may include a range of options", she said.

Tauranga city faces an uncertain 2022 with a question mark over whether there will be an election. Photo / NZME

In 2012, a commission was appointed to run Kaipara District Council until 2015. However, the term of the commission was extended to 2016.

A Department of Internal Affairs spokesperson said this was partly to enable the commission to "complete the objectives of its Terms of Reference" and also to ensure a smooth transition back to an elected council. It also timed with the 2016 local body elections.

From 2016 to 2019, the council operated under a combination of elected members and Crown manager Peter Winder, who had previously been a commissioner.

Winder headed the Review and Observer Team that reported on Tauranga City Council last year, prompting the appointment of commissioners.

Rodney District Council and Environment Canterbury are among other New Zealand councils that have had commissioners in the past 20 years.

In Tauranga, councillor Andrew Hollis confirmed he plans to run for the mayoralty next year. However, it was hard to do so while not knowing whether an election was actually going ahead, he said.

Tauranga City councillor Andrew Hollis, pictured before elected members were discharged of their duties. Photo / NZME

Hollis, who retains his title but cannot officially operate in his councillor role while a commission is in charge, was not alone. He said there were others who were also keen to run but reluctant to declare their intention to stand yet - and also to prepare and fund a campaign - if the election was not certain.

"It's a year away from the election but the campaign starts a few months out and prior to that, things need to be set up such as marketing and testing the waters to find out what it is people want in their candidates," Hollis said.

"Running for council isn't a flippant thing. I thought quite hard about it. As for running next year, the uncertainty is very difficult."

Hollis hoped the minister would not leave her decision too late, he said.

In a written statement, Tauranga City Council commission chairwoman Anne Tolley said the commission was already working on bringing together the strategy to take to the minister by the end of the year. This would include an assessment of the city's challenges and any risks that could affect the council's ability to carry out what was needed to address those challenges.

Tauranga City Council commission chairwoman Anne Tolley. Photo / NZME

Tolley said the city needed clear and decisive thinking and a governance team that understood collective responsibility with the best interests of the entire city at heart "not just for today, but for the decades to come".

"The feedback we have received makes it clear that people don't want a return to the infighting, personality politics and dysfunctionality that affected the last elected council ... "

She also said a Representation Review, which is expected to be discussed in council on Monday, will be a key factor. The review will ultimately establish the framework for electing future councillors and the mayor.

"At the end of the day though, effective democracy is about people recognising and electing good candidates who will make a positive contribution to the city of the future. That responsibility, therefore, resides with all of us."

Specialist in public and government law at Victoria University, Dr Dean Knight. Photo / Supplied

Victoria University public law expert Dr Dean Knight said having representatives elected by the community back in charge of the city was fundamental.

"The suspension of local democracy should not be lightly done [and it wasn't] and it shouldn't be suspended for longer than necessary to deal with the problem that created it in the first place," Knight said.

"The commission may be doing a fantastic stewardship of the council but they can never live up to that essence of elected members at the council table ... democratic deliberation."

Knight said democracy was an important right that should not be "stifled unnecessarily".

The commission's Terms of Reference refer to the commissioners holding power until the day after the date elected members of the council are declared following the 2022 triennial elections.