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Home / Northern Advocate

Whangārei council integrity at risk councillor warns

Susan Botting
By Susan Botting
Local Democracy Reporter·Northern Advocate·
23 Jun, 2021 09:28 PM3 mins to read

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Waipū councillor Ken Couper has called the council's integrity into question. Photo / File

Waipū councillor Ken Couper has called the council's integrity into question. Photo / File

Whangārei District Council is risking its integrity by not allowing its risk and audit committee chairman access to confidential information, says one of its councillors.

Waipū's Ken Couper now has a legal opinion from one of the country's top lawyers to bolster his campaign against the council's decision to keep confidential details from the independent chairman, Northland-based John Isles.

"By doing what we are doing, the council's integrity is open to question," Couper said.

Isles was appointed in February 2020 as the council's first independent risk and audit committee chairman. He would not comment when contacted by the Northern Advocate.

The committee's purpose was to "provide assurance to council that robust, independent and operationally effective controls around operational and financial management practices are in place", according to the council's website.

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Couper said Isles often chaired meetings without access to confidential information that was freely available to councillors on the committee.

He said Isles was appointed because of his governance skills but it had become apparent he could not access all confidential committee and council meeting material he might need to carry out risk assessments.

A legal opinion sought by Couper from former solicitor general Michael Heron QC supported his call, saying the independent chair should have access.

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Couper said it was essential Isles see all information to effectively assess council risk. He also called for councillors to be able to discuss confidential information with Isles.

He would not comment on whether his campaign was out of concern over cost overruns on council projects. He said he was concerned the council could be exposed in the same way Kaipara District Council was with its Mangawhai sewerage cost blowout.

In spite of Heron's legal opinion, mayor Sheryl Mai said it was not necessary for across-the-board confidential council information to be made available to the independent chair, even though a confidentiality agreement had been signed.

She said the council had opinions from the Auditor General and Local Government New Zealand supporting its position.

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Individual council committee chairs saw confidential material relevant to their particular standing committee, rather than from across all committees.

Under the risk and audit committee's terms of reference, the independent chair had access to items referred for oversight of the council's internal risk management control, she said.

Mai also said allowing councillors to speak to Isles on confidential information would breach their code of conduct.

Councillors will next month meet to further consider Couper's call – at a behind-closed-doors workshop. Mai said its outcome would go to a full public council meeting for further consideration.

Cr Phil Halse said WDC was facing major challenges such as New Zealand's restructuring of the provision of drinking, storm water and wastewater (three waters) and changes in the structure and function of local government. There were also big projects such as a new airport site.

Council chief executive Rob Forlong said about 5 per cent of committee or council meeting material was confidential, usually for commercial reasons.

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Efforts by Couper to resolve the issue at the May 27 council meeting failed. Mai, deputy mayor Greg Innes and Crs Vince Cocurullo, Tricia Cutforth, Shelley Deeming, Anna Murphy and Simon Reid were the seven councillors voted after 20 minutes to halt public discussion.

Cs Gavin Benney, Nick Connop, Couper, Halse and Carol Peters voted against stopping discussion. Cs Jayne Golightly and Greg Martin were absent.

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