Minister Simeon Brown ‘appalled’ by Wellington City Council withholding information

Wednesday, 19 June 2024

Nīkau Wi Neera talks about the importance of Wellington City Council not selling its shares in Wellington airport.

Local Government Minister Simeon Brown says he is “appalled” by Wellington City Council chief executive Barbara McKerrow withholding information from elected councillors.

“The CEO is acting like a politician when she should be acting like the CEO, and the politicians should have access to the information that they need,” Brown told The Post on Wednesday.

McKerrow was revealed to have produced protocols for council staff in October, but Wellington City Councillors were only briefed in mid-April, asking that information councillors received from officials was limited to that relating to upcoming decisions.

Details of the information blockade have been revealed by The Post while a proposal to sell the city’s stake in Wellington Airport divides the council and puts Mayor Tory Whanau’s long-term plan, to be voted on at a June 27 meeting, at risk.

Seeking more information about legal advice to the council about the sale, which has been withheld from councillors, councillor Ben McNulty last week sought the information via the Local Government Official Information and Meetings Act (LGOIMA). The act is a freedom of information law typically used by the public.

But on Wednesday afternoon, after The Post published the minister’s comments, McKerrow emailed councillors to say the protocols would be withdrawn.

Brown said it was “appalling that information has been withheld from elected members”.

“Ultimately, they are elected by the public and they should have access to information, and they should not have to be using the Local Government Official Information Meetings Act in order to obtain information.”

Brown said he had asked Department of Internal Affairs officials to advise him on the “wider issue” of elected councillors lacking access to council information and what the Government could do.

Local Government Minister Simeon Brown says he is “appalled” by WCC chief executive Barbara McKerrow withholding information from elected councillors.

Asked if the Wellington City Council’s difficulties had brought him closer to intervening, by appointing an observer or commissioner, he said there was a “high bar” for using the broad ministerial powers under the Local Government Act.

'Ultimately, we want to see local councils making decisions for their community. We expect mayors and councillors to work together and represent the voters on those issues.

“But I would also make the point, the CEOs need to ensure that they respect the fact that mayors and councillors are elected, and they are not.”

McKerrow has previously defended the protocols as a response to “tension and debate over whether elected members should have access to any and all confidential information, including legally privileged opinions”.

The aim was to “fast track the supply of confidential information … and save them from having to go through LGOIMA channels,” she said.

On Wednesday afternoon, McKerrow emailed councillors to inform them that, while she believed the protocols “fairly reflect the law”, she was withdrawing the policy given the “current publicity and the confusion and anxiety this has caused”.

“It is extremely unfortunate that the impression has been given that the purpose of the protocols was to limit elected member rights.

“We will continue to transparently share as much information as possible with elected members to support decision making as is your right. Our commitment to transparency is genuine.”

In April, McKerrow told councillors in an email: “These protocols now provide a useful example for the local government sector as a whole and I will be sharing them with other local authorities. This is also supported by the Chief Ombudsman.”

She sent the code to Local Government New Zealand, however the association that represents the sector did not forward it to other councils.

The Post asked why, and whether LGNZ took issue with the code.

“The protocols were sent to LGNZ for our information and there was no request for these to be shared with other councils,” chief executive Susan Freeman-Greene said in a statement.

“All councillors should have the right information needed to make informed decisions on behalf of their communities.

“Getting that right is key to the relationship between management and governance arms of any council. Any protocols should aim to strengthen this important relationship.”