Ombudsman launches investigation into closed-door council workshops

Closed door council workshops are under scrutiny. Photo / Getty Images

Rotorua Lakes Council's closed-door workshops will soon be under the spotlight, with the Chief Ombudsman announcing an investigation spanning eight councils.

It's a move welcomed by some, including local body politicians and a public law expert.

Council chief executive Geoff Williams says the council supports the investigation and will "participate fully".

On Thursday afternoon the Office of the Ombudsman announced it would investigate concerns councils were "undermining local democracy" by using workshops to discuss issues and "make decisions behind closed doors".

Chief Ombudsman Peter Boshier said there was nothing preventing councils from holding workshops but he was concerned by reports some "may be using them to avoid their responsibilities under the Local Government Official Information and Meetings Act".

"Meetings should be open to the public, unless there is good reason under [the Act] to exclude them."

He said those meeting requirements couldn't be avoided "simply by calling what is really [a] meeting a "workshop" and if councils repeatedly used closed-door workshops to discuss issues, the public could "become suspicious".

It could create the perception an issue had already been decided, he said.

He believed some councils "may be incorrectly applying the law" making resolutions to exclude the public.

Chief Ombudsman Peter Boshier. Photo / Supplied

"Local bodies are not allowed to exclude the public from meetings so they can hold 'free and frank' discussions behind closed doors. Yet I fear this may happening."

The investigation would focus on eight councils: Rotorua Lakes Council, Taranaki Regional Council, Taupō District Council, Palmerston North City Council, Rangitikei District Council, Waimakariri District Council, Timaru District Council and Clutha District Council.

Boshier said he had chosen the councils for "a variety of reasons", and some were "getting it right".

He would seek public, elected member and staff input, and it would include an online survey available until August 26.

The investigation would cover the current electoral term, which began on October 12, 2019.

Councils would be offered an opportunity to comment on the Chief Ombudsman's provisional opinion, with a final opinion due in mid-2023 which will include councils' comments and feedback.

Local Government NZ president Stuart Crosby said it was a "perfectly legitimate inquiry".

He believed the issue required "some clarity" and he looked forward to the recommendations, but said his only concern was the timing before an election.

There was a risk it could be "weaponised" by candidates against incumbent elected members.

Local Government NZ president Stuart Crosby. Photo / George Novak

Public law expert and lawyer Graeme Edgeler said he did not believe there was a lack of clarity in the law, only a desire by some councils to work around it.

"The law is already clear. If you're holding a meeting, hold it in public unless there are good reasons [not to] under the Act."

He said councils could simply change the names of workshops back to meetings and "all the issues with the law would go away".

"The only difficulty is they want to do something they're not allowed to do. It's not a matter of confusion."

He said the Ombudsman's investigation could "only be a good thing".

In March 2021 Rotorua businessman Justin Adams complained to the Ombudsman over the district council's refusal to provide detailed information on the content of its public-excluded workshops.

Following Thursday's announcement, Adams said he was "relieved" the Ombudsman agreed with the concerns he'd raised.

"I see this as vindication of my concerns."

Rotorua businessman Justin Adams. Photo / Andrew Warner

He felt it was time for councils to act more transparently.

A Local Democracy Reporting investigation in 2021 revealed that between 2018 and 2020, 31 councils held 937 workshops.

Of those, 737 were not open to the public.

Rotorua Lakes Council held all of its 37 workshops over that period behind closed doors.

Horowhenua District councillor and mayoral candidate Sam Jennings, who has previously criticised workshop use, said he strongly believed too much happened "behind closed doors".

He said openness would foster "trust and confidence" in local government. He said it was important people saw how decisions were arrived at.

Kāpiti Coast District councillor Gwynn Compton, who has also been outspoken about the use of workshops, said the investigation was "well overdue".

He hoped the Ombudsman would be able to broaden the remit of the investigation.

"Councils often seem all too willing to try and hold hard conversations behind closed doors, which denies communities the ability to see their democracy in action."

Wellington City councillor Fleur Fitzsimons welcomed the investigation, saying "sunlight is the best disinfectant".

Wellington City councillor Fleur Fitzsimons. Photo / Mark Mitchell

"Local government is having a legitimacy crisis and needs to do everything it can to rebuild trust and confidence from the public."

Christchurch City Council Cashmere ward community board member Keir Leslie said opening workshops would show the "messiness" of democracy and how decisions were made, which helped "bring communities on the voyage" and empower them.

Rotorua Lakes Council chief executive Geoff Williams said the council was "committed to transparent communication" of its decision-making process to the community.

"We support the Ombudsman's investigation and will participate fully."

Rotorua mayor Steve Chadwick has been approached for comment.

Chadwick has previously said workshops contribute to an in-depth understanding of issues and what emerged from workshops became public in formal meetings.

Local Democracy Reporting is public interest journalism funded by NZ On Air.