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Gore councillors and mayor in stand-off, McAnulty likely to have little choice but to intervene

Gore councillors and mayor in stand-off, McAnulty likely to have little choice but to intervene

Radio New Zealand is reporting that a remarkable situation is breaking out at Gore District Council, with an apparent majority of councillors seeking a vote of no confidence in Mayor Ben Bell, trying to remove him from all council committees and sub-committees, and seeking a meeting with Local Government Minister Kieran McAnulty.

The situation, which has been playing out since the beginning of the triennium, has come to a head in recent weeks.

While councillors are within their rights to put forward and vote on a no confidence motion, it’s ultimately a symbolic yet powerless gesture, as it doesn’t actually change the situation. There’s no mechanism in the Local Government Act for elected members to remove other elected members from office, least of all the Mayor, and the situation in Gore is demonstrating why.

The move to axe Mayor Bell from council committees and sub-committees itself is likely not legally binding, as under Section 41A (5) of the Local Government Act, the Mayor is automatically a member of each committee or sub-committee of the council. Just as before, there are no mechanisms to remove the Mayor. Even if the council discharged and reconstituted the committees, the Mayor automatically becomes a member of them again.

Which leaves the motion to request a meeting with Local Government Minister Kieran McAnulty, which at this point it can only be assumed is being done by councillors as an attempt to save their own jobs by heading off McAnulty appointing a Commission. Unfortunately for councillors, given their behaviour in the other two motions, it seems McAnulty will likely have no choice but to exercise his powers under Section 258F and appoint a Commission, likely citing S258F(1)(a(i)(A) in that there is a significant problem relating to the council that is “a significant problem relating to the local authority that “is impairing, or likely to impair, the good local government of the local authority’s district or region”.

Adding fuel to the fire is the story published by Newsroom tonight, detailing significant and long-running allegations relating to the council going back two decades that only strengthen the case for the appointment of a Commission.

With the breakdown in governance and now allegations of significant issues on the operational side of council, it’s hard to see how the mayor, councillors, or even the Chief Executive salvage this, let alone survive it.

Photo: Gore District Council via Facebook

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