Rotorua Lakes Council's use of lawyer at Local Government Commission hearing queried

Federated Farmers Rotorua-Taupō president Colin Guyton. Photo / Supplied

A Rotorua farmer says in his opinion the district council showed "arrogance" by showing up to a Local Government Commission hearing with a lawyer at ratepayer expense.

But Rotorua Lakes Council says the lawyer, who cost the council more than $10,000, was part of the meeting to "inform discussion" and provide clarification on the representation review process.

A Federated Farmers policy advisor said he believed it was uncommon for a council to bring a lawyer to the hearings and it meant the council used ratepayer money to fight ratepayers opposing its plans.

Local Government Commission chief executive Penny Langley also said it was not common for councils to use a lawyer in representation review hearings.

At the March 23 hearing, a lawyer hired by Rotorua Lakes Council attended alongside mayor Steve Chadwick, deputy mayor Dave Donaldson, councillor Mercia Yates and staff members.

The hearing was almost six hours long, including a lunch break.

Local Democracy Reporting has reviewed representation review hearings for five other councils in March and confirmed lawyers were not introduced by any of the other councils.

Appellant Colin Guyton is a Reporoa farmer and Federated Farmers Rotorua-Taupō president, and advocated for a rural ward on the council at the both the council and commission's hearings.

In an article on the Feds News website, Guyton said, in his opinion, the district council did not listen to the community on its representation review and that stood out "like dogs' balls".

In his view: "[The] council had the arrogance to utilise ratepayer's funds to turn up with a lawyer.

Guyton also believed, "this is a wasteful use of ratepayers' money for a decision made for the people."

He said Federated Farmers had "pushed hard yet again" for a rural ward councillor but in his opinion, it was "clear our voice is not wanted, just our money".

He said rural communities made up about 30 per cent of the rate take and the council "simply could not do without us financially".

"It is not much fun being a minority. All we are asking for is one seat in the council chamber, and our voices heard."

He said, as far as he knew, the council's interim model proposal was one "never put forward or suggested by anyone".

"Where did the council dream this regime up? We have no idea."

Speaking to Local Democracy Reporting, Guyton said he believed expanding the number of councillors would allow a rural ward seat, something he believed could "easily" be done.

He believed there was a "strong case" for a rural ward councillor, but if the commission's finding wasn't favourable to that outcome, the rural community would "have another crack" at the next review in six years.

Federated Farmers policy advisor Shaun Hazelton said he had attended three Local Government Commission hearings this year, and observed others, and none of those councils had a lawyer attend.

"It's not common [for councils] to use a lawyer.

In his view: "It's a bit concerning. They're [the council] using ratepayer money to fight ratepayers.

"Should us appellants be using a lawyer too?"

He said it was possible some councils had a lawyer "sitting in the background" but to the best of his knowledge Federated Farmers had not seen one "front facing and doing Q&As for [the] council".

In the hearing, held over Zoom, commissioner Bonita Bigham opened questions to the council with one about evidence supporting the council's push for voter parity, as Māori had statistically low voter turn-out.

The council's lawyer began to answer the question, but commission chairman Brendan Duffy interrupted.

Rotorua Lakes Council district leadership and democracy deputy chief executive Oonagh Hopkins. Photo / Andrew Warner

"Hold on … [Bigham's] question is to the decision-makers, which are the elected individuals, so surely the elected individuals will be the ones who'll answer these questions?"

"We're trying to ask how the decisions were made and they're made by elected people."

Chadwick then answered the question instead.

The council did not wish to respond directly to Guyton nor Hazelton's comments.

On Tuesday, district leadership and democracy deputy chief executive Oonagh Hopkins told Local Democracy Reporting it cost $10,384.50 for the lawyer to attend the hearing, including associated costs.

"[The lawyer] has been involved in the representation review to ensure [the] council's process has been compliant with the requirements of the Local Electoral Act.

"[He] was present during the Local Government Commission hearings to inform discussion and provide clarification around this process."

Guyton was among eight objectors and appellants who presented their point of view to the Local Government Commission on the council's representation decision.

The hearing was on March 23 and followed the council's adoption of what it calls an "interim" representation model. The Commission can overturn the council's decision.

The council is pursuing a "preferred" model by seeking a law change in a separate process.

The preferred model – three Māori ward seats, three general ward seats and four at large seats – is currently unlawful under the Local Electoral Act as the Act has a strict formula that limits the number of Māori ward seats based on population numbers.

The council held a consultation process on its representation review from September 8 to October 8 last year which received 159 submissions, including one from Federated Farmers.

Local Democracy Reporting is public interest journalism funded by NZ On Air.