The Kāpiti councillor who was convicted last month of indecent assault after rubbing his genitals against a female staff member's bottom has lodged an appeal.

Kāpiti Coast District Council member David Scott said he wants to remain a councillor, something he cannot do if he keeps his conviction.

His appeal against the conviction is likely to be heard next year, he said.

The 72-year-old was last month fined $1500 for the indecent assault against a senior member of council staff while she spoke to Mayor K Gurunathan during a morning tea break.


Scott was found guilty in May, following a trial at Wellington District Court.

He had pressed himself against the victim following a council meeting in April last year.

During the trial, Scott's penis was measured by a doctor to determine if it was the same length as what the victim felt pressing into her.

The measurement was suppressed.

At sentencing last month, Scott's lawyer argued for a discharge without conviction, but Judge Peter Hobbs said he could not grant that as the offending fell into the "moderately serious" category.

Judge Hobbs said that while the conviction meant Scott would lose his position as a councillor, that was a consequence of the offending.

He said that elected officials could not be immune from the consequences of offending while in office.

A council spokesperson said after the sentencing Scott had been placed on a leave of absence and that during that time he would not be able to act as a councillor.


"Councillor David Scott has the right to an appeal. Until the appeal period has expired or any subsequent appeal is heard, he will be on a leave of absence," the spokesperson said.

"The Local Government Act sets out what happens when a councillor is convicted of a crime that carries a maximum penalty of more than two years' imprisonment.

"Subject to any appeal, Councillor David Scott will be disqualified from office. If this happens before 12 October there will be a by-election."