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Home / New Zealand

Exonerated: Napier City Council CEO Wayne Jack had 'good reason' to go through councillors' Facebook pages, review finds

By Laura Wiltshire
Hawkes Bay Today·
23 Dec, 2019 08:57 PM3 mins to read

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Kirsten Wise, now mayor, was one of the councillors described as "renegades". Photo / File

Kirsten Wise, now mayor, was one of the councillors described as "renegades". Photo / File

Napier City Council's chief executive had "good reason and a lawful purpose," to order staff to trawl through four "renegade" councillors' Facebook pages, a review has found.

The review, costing ratepayers $88,000 was conducted by Wellington lawyer Peter Chemis.

READ MORE:
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of Facebook trawl coming Monday
• Wellington lawyer to lead a review into Napier City Council code of conduct saga
• Premium - Expert says Napier council can't keep all details of its internal review from the public
• Editorial: Hints Napier's $41m Aquatic Centre dream is almost dead in the water

It was ordered after emails released to RNZ revealed CEO Wayne Jack had ordered staff members to search for code of conduct breaches on the Facebook pages of councillors Kirsten Wise (now mayor), Maxine Boag, Richard McGrath and Api Tapine.

In one of the emails, the councillors, who all opposed the development of the planned new aquatic centre on Prebensen Drive, were referred to as "renegades".

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Chemis found "no evidence of any directive or practice by council staff to monitor the four councillors' Facebook pages," the report states.

The report states Jack's request was focused on the four councillors' public Facebook pages, and was specifically regarding posts about the Aquatic Centre.

"I consider that the chief executive had a good reason and a lawful purpose for this request," Chemis said.

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A lawyer has found Wayne Jack had "lawful reason," to order staff to search the Facebook Pages of four councillors. Photo / File
A lawyer has found Wayne Jack had "lawful reason," to order staff to search the Facebook Pages of four councillors. Photo / File

"He was inquiring about potential conflict of interest, bias and predetermination.

"As it happened, he found nothing of note."

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Chemis said he had considered whether there had been any issue regarding privacy, but given he found Jack had reason to view the Facebook pages, and as the pages are publically available, he felt there was no privacy issue.

While finding no issue with Jack asking staff to go through the Facebook pages, the review found the council failed to notify councillors of a LGOIMA request relating to the pages.

However, Chemis found this was an administrative oversight, and there was "nothing wilful or malicious about this".

He was not asked to review councillors' relationship with council staff, but felt it was necessary to touch on the use of the word "renegade" to describe councillors.

Chemis said the staff member who used the word was frustrated with a opinion piece written by the four councillors, plus councillors Larry Dallimore and Tony Jeffery, published in Hawke's Bay Today.

"While his choice of adjective was inappropriate, it represented a moment in time and is otherwise unremarkable."

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