Auckland councillors voted 11-8 to move the speedway from Western Springs (pictured) to Onehunga's Waikaraka Park at the end of the current summer season. Photo / Greg Bowker
Auckland councillors voted 11-8 to move the speedway from Western Springs (pictured) to Onehunga's Waikaraka Park at the end of the current summer season. Photo / Greg Bowker
Opinion by Mike Lee
Mike Lee is an Auckland councillor for the Waitematā and Gulf ward.
The letter, purportedly written by a speedway club boss, was placed on a governing body agenda item on moving Auckland’s speedway from its 96-year-old home at Western Springs to Waikaraka Park in Onehunga.
Complaints to the Serious Fraud office over an alleged “fraudulent” letter need not have happened had Auckland Council made its decisions according to the Local Government Act.
The average Aucklander may or may not be aware of the public ceremonies held at the start of the councilterm in which newly-elected politicians are sworn into office before families and supporters. The ceremonies are meant to send the message that those elected, and the council they are elected to, will faithfully serve the public.
As Auckland Council’s Governance Manual states: “All elected members must make an oral declaration when taking office. This public declaration signals the high standards to which elected members are to be held. They are charged with making decisions in the best interests of the entire community, being the whole Auckland region for governing body members and the whole local board area for local board members.”
The required oath is set out in schedule 7 of the Local Government Act: “I declare that I will faithfully and impartially and, according to the best of my skill and judgment, execute and perform in the best interests of Auckland the powers, authorities, and duties vested in, or imposed upon, me by virtue of the Local Government Act 2002, the Local Government Official Information and Meetings Act 1987 or any other act.”
While it is usual nowadays for many to read the declaration in te reo Māori, often repeating it in English, the problem is, in whatever language the oath is sworn and how many times, too many local politicians don’t seem to understand or perhaps care about what they are swearing to. Nor, once the show is over, are council managers particularly keen to hold the councillors’ actions to these high standards – or their own, for that matter – especially when it comes to decision-making.
The disconnect, not for the first time, was glaringly clear during the debate over the council-controlled organisation (CCO) Tātaki Auckland Unlimited’s plan to evict speedway from Western Springs Stadium, where it has been passionately supported for 95 years.
One of the most important “duties vested in, or imposed upon” a councillor is the obligation to make decisions within the requirements set out in the Local Government Act. Part 6, “Decision-making”, states that councillors must, for example, “seek to identify all reasonable practicable options”; assess the “benefits and costs of each option” ... “give consideration to the views and preferences of persons likely to be affected by, or to have an in interest in, the matter” – and so on. And then the act moves on to “Consultation” that, if it happens at all, is more often than not the familiar charade of “Have your say” ... and the council has its way.
In respect of the decision to boot speedway out of Western Springs, in my opinion neither the events CCO nor council managers complied in any meaningful way with these requirements for decision-making – and sadly, neither did a majority of the councillors.
Speedway has been at Western Springs since 1929. Photo / Hayden Woodward
So what’s really behind the speedway affair?
CCO and council managers have never been upfront about it. All that could be gleaned from the agenda report is that it was all about seeking a “higher and better purpose” for Western Springs. Though it’s now an open secret that, encouraged by the CCO and council, a football club owned by an American billionaire with a syndicate of local rich-listers have their eyes on the stadium.
Ponsonby Rugby Club is an Auckland icon. Founded in 1874, it is one of the oldest and biggest grassroots clubs in New Zealand, producing more All Blacks and Black Ferns than any other, with currently 11 senior teams, five women’s teams and 45 junior teams.
And yet, just like those passionate speedway supporters wanting to stay at Western Springs, Ponsonby Rugby – led by life member Sir Bryan Williams – was blocked from putting its case before the councillors at that critical meeting.
What sort of decision-making process is it when haste, predetermination, concealment of information and strong-arm tactics – not to mention “altered” letters – are employed and where Aucklanders with a long-standing legitimate interest in the outcome are shut out of the process?
Disappointingly, the decision to evict speedway, led by Mayor Wayne Brown, was carried by 11 votes to eight. The decision was one thing, how it was reached is even more troubling.
It’s all very well having acts of Parliament regulating council behaviour – but no one in authority seems especially interested in ensuring councils comply with them – and that the politicians keep their sworn declarations.
