ICC acknowledges second complaint against Nobby Clark

Wednesday, 12 June 2024

Invercargill mayor Nobby Clark is the subject of a second code of conduct complaint, this time lodged by city council chief executive Michael Day after information was received from “an external source”.

Day has not specified who this was nor released details of the complaint itself and won’t do so until the investigation is complete.

The lack of available detail is in contrast to the handling of an earlier complaint, which was lodged by councillors Ria Bond and Ian Pottinger in April and is still under independent investigation.

The specifics of that one, which was focused on Clark’s televised appearance on the satirical Guy Williams series New Zealand Today, were released in May prior to a result. That result is expected soon.

However, the council has confirmed the second and unrelated complaint was one in which details would be withheld at “at this time” to protect the privacy of those involved, given that it was an external complainant.

It was likely that the released report would have redactions.

Clark said Day was “just processing” the complaint in his role as chief executive.

“I have nothing to say until the final report is tabled – which is soon,” he added.

The council has clarified that “an external source” excludes not only council staff and elected members, but also contractors and mana whenua representatives.

Day said both complaints were in a process of investigation and determination.

“Upon completion of the independent investigation, the reports will be dealt with in accordance with the processes set out in the code of conduct,” he said.

Only elected members or the council’s chief executive can lodge code of conduct complaints.

Those from a chief executive follow a pathway of reference to the council’s independently chaired risk and assurance committee, receive initial scrutiny from the council’s legal team, and may then go to full independent investigation.

The Bond-Pottinger complaint contends that Clark’s involvement in the television interview breached rules against causing reputational harm or bringing the council into disrepute.

The interview probed Clark’s use of the N-word in a speech to an arts foundation meeting last year. He said he did so to highlight the word’s unacceptability in any context, including artistic licence.

Clark has since apologised to anyone offended by the interview, which he said he would not have taken part in had he realised how it would be edited.