Bill Simmons says the Ombudsman's investigation "only scratched the surface" of his complaint. Photo / NZME
The Ombudsman has ruled against two Whanganui residents who say the district council led “a misleading and incomplete consultation” on its kerbside recycling service.
Bill Simmons and Barbara Gray filed a complaint and a 20-page report to the Ombudsman in September last year.
They had presented separate petitions to the Whanganui District Council earlier in 2024, demanding an end to the service in their areas.
Simmons, who lives on Dickens Lane, and Gray, who lives on Papaiti Rd, said the council’s 2022 consultation on the kerbside service did not indicate rural areas would be included, with only three villages (Mowhanau, Fordell and Marybank) part of the network.
In the pair’s report to the Ombudsman, Simmons said that two years later, in April 2024, he noticed a kerbside recycling levy on his interim 2024-25 rates.
That prompted an email to then-council chief executive David Langford, Mayor Andrew Tripe and the council’s rates department.
Simmons said he did not receive a response.
“By mid-May 2024, with only six weeks before the beginning of the [recycling] service, I had carried out surveys, lodged a petition, obtained media coverage, met with senior council officers, researched council documents and used my oral submission on the 2024-2034 LTP [long-term plan] to enlighten elected members that the proposal had been undemocratically altered by council officers without disclosure, notice or engagement with the rural communities affected,” he said.
Simmons’ and Gray’s report said the council’s 2022 proposal was clear – “rural areas were not included”.
“Officers later added rural properties without authority, consultation or transparency.
“Affected rural residents were unfairly burdened with costs and denied their right to participate in the decision.”
The council ran a misleading and incomplete consultation, and council officers made decisions without a mandate, it said.
Kerbside recycling began in Whanganui on July 1 last year.
In his ruling, Chief Ombudsman John Allen said his investigation focused on the adequacy of the council’s consultation before the introduction of the service.
“Importantly, the council’s Long Term Plan 2024-34 consultation document referred to the intention for kerbside recycling to extend to district-wide, inviting responses from all residents,” Allen said.
The consultation document said residential properties in the wider urban areas of Whanganui would “soon enjoy a more convenient system of recycling”, with the rates-funded kerbside service introduced from July 2024.
“The kerbside recycling service will initially be provided to residential properties in the wider urban areas of Whanganui, as well as some of our larger rural settlements, including Mowhanau, Fordell and Marybank,” the consultation document said.
“Council intends to widen the service to other rural properties over the next few years, where we can.”
Consultation ran from April 2 to May 2, 2024.
Allen said Simmons had provided extensive feedback to the council, including written and verbal submissions, and the petition.
“It therefore seems reasonable for me to conclude that you were aware of the council’s plans, as you responded in so much detail.
“This implies that you had, and took, the opportunity to provide feedback.
“On this basis, it is my final opinion that the council has not acted unreasonably in this matter.”
Two months after the service began, councillors voted 7-6 to keep it as is, with a review planned for 2025.
At the time, council CEO Langford said the consultation process was not flawed.
“At worst, it is just poor communication and poor customer service, which we have acknowledged and [will] do better with in the future.”
The Whanganui Chronicle has asked the council whether a review of the kerbside service has been completed.
Simmons told the Chronicle he was disappointed in the Ombudsman’s investigation and ruling.
He believed Allen had “only scratched the surface” of his and Gray’s complaint because he did not address council officers’ actions between 2022 and 2024.
However, they would not seek a judicial review or court injunction straight away, Simmons said.
“In my area, around 30% of people used the kerbside service.
“In Barbara’s, it’s about 15% to 20%.”
In a statement, Tripe said the Ombudsman’s finding confirmed the council’s approach to rolling out the service was appropriately consulted on.
“While we acknowledge the group’s ongoing interest in this matter, it is pleasing to have independent confirmation that our processes were reasonable and consistent with good governance.”
Tripe said he appreciated the passion shown by residents who engaged on the issue.
“I sympathise with those who felt strongly about the process and thank them for taking the time to put their case forward.
“Community input helps us make better decisions, and I value the effort people put into being part of that process.”
Mike Tweed is a multimedia journalist at the Whanganui Chronicle. Since starting in March 2020, he has dabbled in everything from sport to music. At present his focus is local government, primarily the Whanganui District Council.