Aardvark Daily

Please visit the sponsor!

Just briefly

It's early-o'clock and I'm preparing my gear for a trip to our local council chambers later this morning.

Cameras charged, tripod loaded, paperwork printed out and collated.

However, I don't expect that I will be able to record this morning's meeting as I would like and this must be a huge worry for the people of this district.

The reason that it is a worry is because to stop me would be a clear act of malfeasance on the part of the Chair of the meeting, Mayor Gary Petley.

Section 12.4 of The South Waikato District Council's own Standing Orders quite clearly states:

Now since I intend to set up my camera in the very far corner of the public gallery in a way that does not obstruct, hinder or in any way interfere with the meeting and since I advised the Chair a full 24 hours prior to the meeting that I would be attending, I think there is no valid reason to deny me the rights accorded under these standing orders.

You will note that the Standing Orders DO NOT require that I seek permission to record the meeting, this permission already expressely being granted under section 12.4.

However, I received a response to my "notification" from "The Executive Team" of the council which states:

Clearly there may be a conflict here when I roll up to exercise the rights granted me under Local Government Official Information and Meetings Act 1987.

If I, as a member of the public, am denied access to the meeting then I've been advised that this may well represent a breach of section 47 of that Act.

I'm thinking the council may opt to trespass me from the building, which would be a huge mistake on their part and a clear act of malfeasance, violating my rights under Section 47.

If they try to invoke Section 50 then they will need to prove in court that my actions were likely to create disruption. Based on previous documented events it is clear that the only disruption caused by the presence of my camera has been created by the Mayor himself and his objections to something that is expressely permitted under the Standing Orders. I have only ever spoken when questioned, otherwise my presence consists solely of sitting in the far corner of the public gallery.

Should this council be stupid enough to either trespass me or attempt to stop me exercising my rights under The Act and The Standing Orders, they open themselves up to legal action and potentially expensive damages.

The bigger question however, is why do they care?

The only reason the Mayor could have for violating The Act and his own Standing Orders is because he fears the spotlight of public scrutiny. This is the complete opposite of the openness and transparency that lies at the heart of good governance and should be cause for concern within the community and within the halls of higher powers as well.

Only those with something to hide... ?

So wish me well. It is likely I shall be persecuted for simply asserting the rights granted me by law.

You know I have a plan all prepared, should this happen, don't you :-)

Carpe Diem folks!

Please visit the sponsor!

Here is a PERMANENT link to this column

Rank This Aardvark Page

Change Font