Former CHB mayor Peter Butler. Photo / File
The Ombudsman is expected to make a provisional opinion soon on an official information request which has sparked a debate about free speech and the boundaries of the Local Government act.
Last week the Ombudsman visited the region to meet with Hawke's Bay regional councillor Tom Belford about an Official Information Act (OIA) request made by former CHB mayor Peter Butler last year.
The request was made before November's local body elections, when Mr Butler asked Mr Belford for all correspondence, including digital, of communications he had with third parties about the Ruataniwha Water Storage Scheme between August 8 and 25 last year.
The third parties were Greenpeace sustainable agriculture campaigner Genevieve Toop, former Green Party leader Russell Norman, political strategist and campaign manager Simon Lusk, Hawke's Bay Today and Radio New Zealand reporter Peter Fowler.
The request was declined by Mr Belford in the name of free speech and to protect councillors' privacy so they could have full and frank discussions with constituents and each other. This action was supported by the regional council.
The meeting last week was the first external sign of progress on the matter since Mr Butler asked the Ombudsman to review the decision late last year.
As well as Mr Belford, the Ombudsman met with some councillors and third parties mentioned in Mr Butler's LGOIMA request.
Although Mr Butler was not involved in the meetings, he was informed by the Ombudsman that he was working to form a provisional opinion on the request.
It was not known when the Ombudsman would be releasing this to Mr Butler, but the former mayor said he was happy the review was progressing.
"The sooner this thing's resolved the better".
He was under the impression the Ombudsman would be using this matter to make an example.
Mr Belford could not be reached for comment last week. However, council chair Rex Graham said he was pleased progress was being made.
The meeting with the Ombudsman had gone well, he said, however it had not caused him to shift his position on releasing the information, or changed his "moral view".
He has argued releasing the information would set a dangerous precedent, and could affect his ability to speak confidentially with the public.
When Mr Butler was asked how he would feel if his request was denied, he said he would be "bloody disappointed", as he felt his request fitted under the LGOIMA.
"I think this is the law of the land. Why have these laws there if they're not adhered to?"
Mr Graham said he was not aware of what measures could be imposed if councillors did not comply with the request, if the Ombudsman found it to be within the LGOIMA.
When asked if he would be willing to face court action or a fine if the request was not complied with, Mr Graham said it was too early to comment.
"We'll just have to wait and see how it unfolds. We're not any further along than just having a chat."
Hawke's Bay Today editor Andrew Austin was informed this week that in regard to Mr Butler's request, the Ombudsman was satisfied a communication in question was "in Mr Belford's capacity as a candidate in the then upcoming Regional Council elections".
"That being the case I do not consider that it is official information for the purpose of LGOIMA".
Also discussed during the meeting were similar requests the council had rejected from Hawke's Bay Today and Fairfax. These were declined by then interim chief executive Greg Woodham.