Minister for Local Government Nanaia Mahuta. Photo / File
Local Government Minister Nanaia Mahuta has confirmed her decision to appoint a Crown commission to the embattled Tauranga City Council in spite of pleas from elected members.
It's only the fourth time in more than 30 years a Government has taken this level of intervention in a local council.
In a statement today the minister said she wrote to the council in early December that she intended to appoint a commission due to significant governance problems among the council's elected representatives.
As required in the Local Government Act 2002, the council was given 10 days to respond.
"The council's response has not presented me with sufficient evidence on how it is addressing its problems. I consider a commission to be necessary to deliver the strategic leadership that the council and city needs.
"I will be sending the commission a strong direction to ensure that the Tauranga community is engaged with and consulted on all significant decisions of the council, as is required in the legislation," Mahuta said.
"I hope that the elected representatives will work collectively to support the commission. This will put the council in the best position to return to fully elected representation at the 2022 local authority elections.
"I am mindful that this has been a stressful period for council staff and local ratepayers who are looking for certainty about the future of the council. The confirmation to appoint commissioners for Tauranga will help to pave the way for the next set of decisions early next year.
The appointment of a commission will remove the statuary requirement to hold a by-election.
The commission's term will begin in early 2021 and end at the triennial local authority elections in October 2022. The commissioner appointments will be announced in February.
In a media release the Tauranga City Council said the commission would effectively replace the council's elected members, at least until the next local government election in October 2022, performing and exercising the council's governance responsibilities, duties and powers.
Acting mayor Tina Salisbury, a first-term elected member, said she was "naturally disappointed".
"I agree Crown intervention is needed which is why I voted to request a crown manager to assist the elected members and staff to address the current and historic issues our city faces. However, I fully respect and understand the Minister's decision," she said.
"Tauranga is facing huge challenges, especially around the development of a Long-term Plan which will effectively address our infrastructure deficit, and it's of utmost importance that this city has the support and leadership it needs to thrive," she said.
She said she would do everything she could to facilitate the transition to commissioners.
"In terms of the council's day-to-day operations, it's important to know that business will continue as usual and our community can have full confidence that the essential services and activities they depend on will continue to be delivered professionally, effectively and without interruption."
She said the council executive team will consider the wider implications of the Minister's decision next week, including the impact on the by-election process currently underway.
Fourth-term councillor Kelvin Clout said in a written statement that from a personal perspective he was "very disappointed that Minister Mahuta has engaged the nuclear option".
"The nine of us elected members were making good progress, enjoying a more collegial environment, and making sound decisions for our city."
"I urge the new commissioners to actively engage with Tauranga's residents and take their legitimate issues and concerns into account when planning for the future of our city."
He said he intended to keep engaging with the community.
"I look forward to democracy returning to Tauranga in 2022 as the Minister has signaled. Any extension of commissioners beyond October 2022 would be a central government slap in the face for Tauranga's residents."
Earlier this week the minister was sent a letter signed by all but one of the nine remaining Tauranga elected members pleading with her not to appoint a commission.
The letter asked her to appoint a Crown manager and observer instead - a lower level of intervention that would see the elected members keep their jobs.
Signatories included four of the five councillors who previously voted against that option in November.
A majority in favour was achieved through mayor Tenby Powell's casting vote. Minutes later, he resigned - the second member to quit this term after Councillor Jako Abrie left in October.