NZ Herald
  • Home
  • Latest news
  • Herald NOW
  • Video
  • New Zealand
  • Sport
  • World
  • Business
  • Entertainment
  • Podcasts
  • Quizzes
  • Opinion
  • Lifestyle
  • Travel
  • Viva
  • Weather

Subscriptions

  • Herald Premium
  • Viva Premium
  • The Listener
  • BusinessDesk

Sections

  • Latest news
  • New Zealand
    • All New Zealand
    • Crime
    • Politics
    • Education
    • Open Justice
    • Scam Update
  • Herald NOW
  • On The Up
  • World
    • All World
    • Australia
    • Asia
    • UK
    • United States
    • Middle East
    • Europe
    • Pacific
  • Business
    • All Business
    • MarketsSharesCurrencyCommoditiesStock TakesCrypto
    • Markets with Madison
    • Media Insider
    • Business analysis
    • Personal financeKiwiSaverInterest ratesTaxInvestment
    • EconomyInflationGDPOfficial cash rateEmployment
    • Small business
    • Business reportsMood of the BoardroomProject AucklandSustainable business and financeCapital markets reportAgribusiness reportInfrastructure reportDynamic business
    • Deloitte Top 200 Awards
    • CompaniesAged CareAgribusinessAirlinesBanking and financeConstructionEnergyFreight and logisticsHealthcareManufacturingMedia and MarketingRetailTelecommunicationsTourism
  • Opinion
    • All Opinion
    • Analysis
    • Editorials
    • Business analysis
    • Premium opinion
    • Letters to the editor
  • Politics
  • Sport
    • All Sport
    • OlympicsParalympics
    • RugbySuper RugbyNPCAll BlacksBlack FernsRugby sevensSchool rugby
    • CricketBlack CapsWhite Ferns
    • Racing
    • NetballSilver Ferns
    • LeagueWarriorsNRL
    • FootballWellington PhoenixAuckland FCAll WhitesFootball FernsEnglish Premier League
    • GolfNZ Open
    • MotorsportFormula 1
    • Boxing
    • UFC
    • BasketballNBABreakersTall BlacksTall Ferns
    • Tennis
    • Cycling
    • Athletics
    • SailingAmerica's CupSailGP
    • Rowing
  • Lifestyle
    • All Lifestyle
    • Viva - Food, fashion & beauty
    • Society Insider
    • Royals
    • Sex & relationships
    • Food & drinkRecipesRecipe collectionsRestaurant reviewsRestaurant bookings
    • Health & wellbeing
    • Fashion & beauty
    • Pets & animals
    • The Selection - Shop the trendsShop fashionShop beautyShop entertainmentShop giftsShop home & living
    • Milford's Investing Place
  • Entertainment
    • All Entertainment
    • TV
    • MoviesMovie reviews
    • MusicMusic reviews
    • BooksBook reviews
    • Culture
    • ReviewsBook reviewsMovie reviewsMusic reviewsRestaurant reviews
  • Travel
    • All Travel
    • News
    • New ZealandNorthlandAucklandWellingtonCanterburyOtago / QueenstownNelson-TasmanBest NZ beaches
    • International travelAustraliaPacific IslandsEuropeUKUSAAfricaAsia
    • Rail holidays
    • Cruise holidays
    • Ski holidays
    • Luxury travel
    • Adventure travel
  • Kāhu Māori news
  • Environment
    • All Environment
    • Our Green Future
  • Talanoa Pacific news
  • Property
    • All Property
    • Property Insider
    • Interest rates tracker
    • Residential property listings
    • Commercial property listings
  • Health
  • Technology
    • All Technology
    • AI
    • Social media
  • Rural
    • All Rural
    • Dairy farming
    • Sheep & beef farming
    • Horticulture
    • Animal health
    • Rural business
    • Rural life
    • Rural technology
    • Opinion
    • Audio & podcasts
  • Weather forecasts
    • All Weather forecasts
    • Kaitaia
    • Whangārei
    • Dargaville
    • Auckland
    • Thames
    • Tauranga
    • Hamilton
    • Whakatāne
    • Rotorua
    • Tokoroa
    • Te Kuiti
    • Taumaranui
    • Taupō
    • Gisborne
    • New Plymouth
    • Napier
    • Hastings
    • Dannevirke
    • Whanganui
    • Palmerston North
    • Levin
    • Paraparaumu
    • Masterton
    • Wellington
    • Motueka
    • Nelson
    • Blenheim
    • Westport
    • Reefton
    • Kaikōura
    • Greymouth
    • Hokitika
    • Christchurch
    • Ashburton
    • Timaru
    • Wānaka
    • Oamaru
    • Queenstown
    • Dunedin
    • Gore
    • Invercargill
  • Meet the journalists
  • Promotions & competitions
  • OneRoof property listings
  • Driven car news

Puzzles & Quizzes

  • Puzzles
    • All Puzzles
    • Sudoku
    • Code Cracker
    • Crosswords
    • Cryptic crossword
    • Wordsearch
  • Quizzes
    • All Quizzes
    • Morning quiz
    • Afternoon quiz
    • Sports quiz

Regions

  • Northland
    • All Northland
    • Far North
    • Kaitaia
    • Kerikeri
    • Kaikohe
    • Bay of Islands
    • Whangarei
    • Dargaville
    • Kaipara
    • Mangawhai
  • Auckland
  • Waikato
    • All Waikato
    • Hamilton
    • Coromandel & Hauraki
    • Matamata & Piako
    • Cambridge
    • Te Awamutu
    • Tokoroa & South Waikato
    • Taupō & Tūrangi
  • Bay of Plenty
    • All Bay of Plenty
    • Katikati
    • Tauranga
    • Mount Maunganui
    • Pāpāmoa
    • Te Puke
    • Whakatāne
  • Rotorua
  • Hawke's Bay
    • All Hawke's Bay
    • Napier
    • Hastings
    • Havelock North
    • Central Hawke's Bay
    • Wairoa
  • Taranaki
    • All Taranaki
    • Stratford
    • New Plymouth
    • Hāwera
  • Manawatū - Whanganui
    • All Manawatū - Whanganui
    • Whanganui
    • Palmerston North
    • Manawatū
    • Tararua
    • Horowhenua
  • Wellington
    • All Wellington
    • Kapiti
    • Wairarapa
    • Upper Hutt
    • Lower Hutt
  • Nelson & Tasman
    • All Nelson & Tasman
    • Motueka
    • Nelson
    • Tasman
  • Marlborough
  • West Coast
  • Canterbury
    • All Canterbury
    • Kaikōura
    • Christchurch
    • Ashburton
    • Timaru
  • Otago
    • All Otago
    • Oamaru
    • Dunedin
    • Balclutha
    • Alexandra
    • Queenstown
    • Wanaka
  • Southland
    • All Southland
    • Invercargill
    • Gore
    • Stewart Island
  • Gisborne

Media

  • Video
    • All Video
    • NZ news video
    • Herald NOW
    • Business news video
    • Politics news video
    • Sport video
    • World news video
    • Lifestyle video
    • Entertainment video
    • Travel video
    • Markets with Madison
    • Kea Kids news
  • Podcasts
    • All Podcasts
    • The Front Page
    • On the Tiles
    • Ask me Anything
    • The Little Things
  • Cartoons
  • Photo galleries
  • Today's Paper - E-editions
  • Photo sales
  • Classifieds

NZME Network

  • Advertise with NZME
  • OneRoof
  • Driven Car Guide
  • BusinessDesk
  • Newstalk ZB
  • Sunlive
  • ZM
  • The Hits
  • Coast
  • Radio Hauraki
  • The Alternative Commentary Collective
  • Gold
  • Flava
  • iHeart Radio
  • Hokonui
  • Radio Wanaka
  • iHeartCountry New Zealand
  • Restaurant Hub
  • NZME Events

SubscribeSign In
Advertisement
Advertise with NZME.
Home / New Zealand

Hutt City councillor Chris Milne refuses to apologise for code of conduct breach, cites legal advice

Melissa Nightingale
By Melissa Nightingale
Senior Reporter, NZ Herald - Wellington·NZ Herald·
22 Oct, 2020 11:34 PM6 mins to read

Subscribe to listen

Access to Herald Premium articles require a Premium subscription. Subscribe now to listen.
Already a subscriber?  Sign in here

Listening to articles is free for open-access content—explore other articles or learn more about text-to-speech.
‌
Save

    Share this article

Hutt City councillor Chris Milne has been sent a letter of censure for his actions. Photo / File

Hutt City councillor Chris Milne has been sent a letter of censure for his actions. Photo / File

A Lower Hutt councillor has refused to apologise for serious breaches of the code of conduct, citing legal advice that the council overstepped when assigning penalties.

Hutt City councillor Chris Milne was given two weeks - until the end of today - to apologise for his actions and acknowledge they were serious, but said he would not be apologising "under duress and threats".

Milne was ordered to apologise after an investigation found he made material breaches of the council's code of conduct- and that his actions could be detrimental to the council's reputation, bringing it into disrepute.

The breaches relate to two calls he made.

Advertisement
Advertise with NZME.
Advertisement
Advertise with NZME.

One was about a potential land deal that could result in money being redirected into Mitchell Park Hutt Valley Tennis Facility.

Milne's wife is the president of Hutt Valley Tennis, but neither have a pecuniary interest in the organisation.

Milne rang a council officer who told the investigation the councillor tried to encourage him in a quite "bullish and forceful" manner to bring a formal proposal before council as soon as possible.

But Milne earlier said it was not true he tried to influence the council officer, with whom he has had a good working relationship for many years.

Advertisement
Advertise with NZME.

"Anyone who knows Bruce [the officer] and I, would know the idea that I could boss Bruce around is fanciful."

Milne said he was only checking on where things were at.

On another occasion, Milne rang Waste Management's Lower North Island general manager David Howie during a live tender for the council's waste collection services.

Howie told the investigation he began to feel uncomfortable about the conversation getting close to crossing the boundaries.

Discover more

New Zealand|politics

Election results: Candidates in Wellington's hottest race front

19 Oct 01:42 AM
New Zealand

Mayor gives unwanted alpaca new home

20 Oct 02:14 AM
New Zealand

Seven more fishermen test positive for Covid-19 in Christchurch

23 Oct 01:10 AM
New Zealand

Westpac NZ bank Auckland staffer tests positive for Covid-19

23 Oct 02:45 AM

It found Milne's call was inappropriate while there was a live tender process and risked Howie gleaning information that potentially gave Waste Management an advantage over other prospective tenderers.

Lower Hutt Mayor Campbell Barry sent councillor Chris Milne a letter of censure for his actions. Photo / Georgina Campbell
Lower Hutt Mayor Campbell Barry sent councillor Chris Milne a letter of censure for his actions. Photo / Georgina Campbell

But Milne said in his defence that was a "long bow to draw" and almost anything could be constructed out of the word "potentially".

He said his actions were driven by concerns from members of the public about biased consultation over the council's waste collection services.

Lower Hutt Mayor Campbell Barry has sent a letter of censure to Milne for the breaches.

"Your conduct, and response to attempts to resolve it, was not becoming of your experience and seniority on council," Barry wrote.

"It risks setting a poor example to other elected members, as does your response to other issues raised."

Advertisement
Advertise with NZME.

Barry told Milne it was disappointing the matter had reached this point, and it was a "salient reminder" of the standards and values set out in the code of conduct.

The penalties decided by council included that Milne give an "unqualified" public apology which must be acceptable by Barry and other chairs of standing committees.

The apology must acknowledge his actions were serious, in breach of the code of conduct, were wrong, and would not be repeated.

Along with the apology, Milne has been ordered to pay $16,500 for the external costs of the investigation.

He will only have access to council staff via the chief executive for the rest of the financial year, and will have to undergo training to address the issues the report identified.

But the penalties included the order that Milne make his apology by October 23.

Advertisement
Advertise with NZME.

This afternoon, Milne sent a letter to council stating its resolution was invalid because it imposed multiple penalties on him.

He said the council could only impose one penalty, and that the letter of censure could be treated as that penalty.

He described the council process as a "show trial", and said his lawyer had advised him he could challenge the findings through judicial review.

Milne said the penalties were "vindictive" and criticised the "dysfunctionality" of the council.

"Your threat that if I did not apologise I would lose two committee/board positions is odd," he wrote.

"I undertake those roles as a service to the city. I certainly would never agree to apologise under duress and threats in order to keep them. If council insists on removing me from these roles I will welcome the freed up time with a clear conscience, sorry only that I will have reduced capacity to protect my city from poor governance.

Advertisement
Advertise with NZME.

"I cannot apologise for doing my duty conscientiously. It would let down all the people who rely on me to stand up for them in council, for honest local government."

Milne's legal advice, provided to the Herald, states council also cannot enforce a cost reimbursement decision.

"The Auditor-General has stated that councils cannot impose monetary penalties on councillors for breach of a code of conduct. There is no case law reporting a successful enforcement of costs," the letter said.

The Local Government New Zealand code of conduct template does not provide for councils to seek cost reimbursements, but that provision was added by amendment in 2016.

Councillor Milne himself was quoted as supporting the amendment, saying it would "round off the code nicely".

If he does not make the apology, the council has ordered he be removed from the Hutt City Council's audit and risk subcommittee and Seaview Marina Ltd Board.

Advertisement
Advertise with NZME.

After reading Milne's letter, Mayor Barry said the public expected elected members to own up, apologise and learn from their experience after making a mistake.

"Frankly, the lack of remorse shown by councillor Milne and his failure to front up and apologise reflects a pattern of behaviour that not only fails to meet the standards set out in our code of conduct, but also falls well short of our community's expectation," he said.

A council spokesman said they had no concerns about the legal advice and were confident in the decision that was made.

Save

    Share this article

Latest from New Zealand

New ZealandUpdated

GPs able to diagnose and medically treat ADHD from 2026

24 Jun 06:12 AM
Premium
New Zealand

Top secret prototype sports car being tested in NZ crashes near Queenstown

24 Jun 06:00 AM
CrimeUpdated

'Disturbing and disgusting': Gang member raped teen while she was ill

24 Jun 06:00 AM

Kaibosh gets a clean-energy boost in the fight against food waste

sponsored
Advertisement
Advertise with NZME.

Latest from New Zealand

GPs able to diagnose and medically treat ADHD from 2026

GPs able to diagnose and medically treat ADHD from 2026

24 Jun 06:12 AM

Treatment has been limited to psychiatrists and paediatricians until now.

Premium
Top secret prototype sports car being tested in NZ crashes near Queenstown

Top secret prototype sports car being tested in NZ crashes near Queenstown

24 Jun 06:00 AM
'Disturbing and disgusting': Gang member raped teen while she was ill

'Disturbing and disgusting': Gang member raped teen while she was ill

24 Jun 06:00 AM
Body found in Waikato River identified as man missing since 2019

Body found in Waikato River identified as man missing since 2019

24 Jun 05:12 AM
Engage and explore one of the most remote places on Earth in comfort and style
sponsored

Engage and explore one of the most remote places on Earth in comfort and style

NZ Herald
  • About NZ Herald
  • Meet the journalists
  • Newsletters
  • Classifieds
  • Help & support
  • Contact us
  • House rules
  • Privacy Policy
  • Terms of use
  • Competition terms & conditions
  • Our use of AI
Subscriber Services
  • NZ Herald e-editions
  • Daily puzzles & quizzes
  • Manage your digital subscription
  • Manage your print subscription
  • Subscribe to the NZ Herald newspaper
  • Subscribe to Herald Premium
  • Gift a subscription
  • Subscriber FAQs
  • Subscription terms & conditions
  • Promotions and subscriber benefits
NZME Network
  • The New Zealand Herald
  • The Northland Age
  • The Northern Advocate
  • Waikato Herald
  • Bay of Plenty Times
  • Rotorua Daily Post
  • Hawke's Bay Today
  • Whanganui Chronicle
  • Viva
  • NZ Listener
  • Newstalk ZB
  • BusinessDesk
  • OneRoof
  • Driven Car Guide
  • iHeart Radio
  • Restaurant Hub
NZME
  • About NZME
  • NZME careers
  • Advertise with NZME
  • Digital self-service advertising
  • Book your classified ad
  • Photo sales
  • NZME Events
  • © Copyright 2025 NZME Publishing Limited
TOP