Far North District Council accused of misinterpreting hoarding rules in Kerikeri sign dispute

Lawyer and council candidate Jonathan Natusch (inset) has told Far North District Council not to interfere with his election hoarding on Kerikeri's Bypass Rd.

Lawyer and local election candidate Jonathan Natusch is challenging the very council he’s campaigning to join – putting Far North District Council on notice not to interfere with one of his election hoardings.

Natusch accuses Far North District Council (FNDC) of unlawfully removing his and all other candidates’ signs from the Kerikeri Heritage Bypass Rd last Thursday and claims that in doing so, the council misinterpreted its own Election Hoardings Policy (2020).

He has since replaced his hoarding – a low-key, single-issue sign about 1.2m wide x 800cm high – and warned the council it will face legal action if it interferes with or removes that new sign.

The council however, says its policy is wider-ranging than its wording and is “not intended to be an exhaustive list of requirements that may be imposed”. It also expressly provides discretion to the council chief executive to determine whether a hoarding should be removed if they consider it contravenes the policy.

“Where staff believe a hoarding is not compliant, they seek to contact the candidate directly to explain and request removal,” FNDC group manager of strategic relationships Jacine Warmington said.

Natusch first noticed his and other candidates’ signs missing from the bypass last Friday and initially thought someone in the community might have stolen them. He set about replacing his at a cost of $130 for materials, plus the added expense of his time and lost electioneering opportunity.

It wasn’t until Monday that an FNDC representative phoned to tell him the council had taken the signs the previous Thursday because they were in breach of council rules by being in an area with a speed limit above 70km/h.

Natusch, a criminal lawyer, said the revelation left him perplexed. He was confident he understood the relevant part of the policy, which states: “Election hoardings on the state highway corridor are not permitted at or above the 70 kilometres per hour speed limit zone.”

The Kerikeri Heritage Bypass is not on the state highway corridor; therefore, the policy (number 4) was not applicable, he said.

His efforts to relay that to the council staffer proved fruitless, with the woman repeatedly referring to the policy and insisting that despite its specific wording, it applied to all roads – not just state highway corridors.

Natusch said he was “somewhat amused” at the council’s interpretation of its own written policy but also a little annoyed at the inconvenience it had caused him. However, he remained patient, expecting more senior staff would acknowledge the error and return his sign promptly.

Instead, he received an email yesterday from FNDC manager of compliance Mike McMurtrie advising that his replacement sign was still considered in breach of the hoardings policy because it was in the 80km/h speed limit area.

McMurtrie told Natusch that if the sign was still there at midday today, council compliance staff could seize it and charge a $92 return fee.

Natusch hit back, telling McMurtrie: “The Kerikeri Heritage Bypass is not on the state highway corridor, therefore Policy #4 is not applicable. My sign is therefore lawfully erected, and it would be entirely unlawful of the FNDC to remove it.

“Please consider the FNDC placed on notice that any tampering or removal of the sign will result in legal action, as the council would be acting beyond the scope of its own written policy, and therefore unlawfully.”

The council did not comment on that formal notice.

Further in its response as to whether it had misinterpreted its own policy, Warmington said FNDC has a “relatively permissive approach to election signage on public land”.

“The stated objectives of the policy are to ensure election hoardings are located in places that reduce the impact on community infrastructure and traffic and that maintain pedestrian safety.

“The council will undertake a review of this election to inform process improvements and, where appropriate, provide greater clarity on the issue. However, we can assure all candidates and the public that council staff are applying a consistent approach to monitoring election signage during this election.”

Sarah Curtis is a news reporter for the Northern Advocate, focusing on a wide range of issues. She has nearly 20 years’ experience in journalism, most of which she spent reporting on the courts in Gisborne and the East Coast.