Tauranga City Council commissioners call for Crown observer after election

Tauranga City Council commissioners, pictured clockwise from left, Anne Tolley, Shadrach Rolleston, Bill Wasley and Stephen Selwood. Photo / Alex Cairns

A failed bid to extend the central government involvement in Tauranga City Council has been revealed.

A former mayor says, in his opinion, the move would be “unacceptable” but the council’s commission is considering trying again.

Tauranga will vote in a new council on July 20 as the term of the commission, which replaced the last elected council, ends.

The Bay of Plenty Times can reveal then-Local Government Minister Kieran McAnulty last year declined a request from the commission to appoint a Crown observer to the council after the election.

A Department of Internal Affairs briefing to McAnulty showed the commission wanted a Crown observer appointed to monitor the elected council.

In the April 2023 letter, commissioners argued a Crown observer would “ensure some continuity and certainty over delivery of the actions commenced under the term of the commission”.

The commission also recommended Tauranga skip the 2025 local election, which McAnulty approved.

The commission, made up of chairwoman Anne Tolley, Shadrach Rolleston, Bill Wasley and Stephen Selwood, was appointed by former Local Government Minister Nanaia Mahuta to replace Tauranga’s elected council in February 2021.

Former Local Government Minister Nanaia Mahuta, centre, announces an extension to the term of Tauranga's commission with MPs Angie Warren-Clark (left) and Jan Tinetti. Photo / Andrew Warner

The move followed concerns about dysfunction and the elected council’s “inability to address” challenges.

The commission’s term was later extended to 2024, preventing the 2022 election.

Former mayor rejects continuity argument

Former mayor Greg Brownless said, in his view, requesting a Crown observer was treating Tauranga residents as if they were “unable to make sensible, reasonable choices”, which he believed was “unacceptable”.

Brownless said there was no continuity for city plans when the commission was appointed.

“The former council was outed, just like that.”

Brownless, who was not part of that council, said in his opinion, the appointment of a Crown observer would result in Tauranga being treated differently to other cities or councils.

“You’ve got to have a council that agrees and disagrees … without Government influence,” he said.

Last month, he and Act Party MP Cameron Luxton called on new Local Government Minister Simeon Brown to amend the commissioners’ powers and allow the new council to rule on the Long-term Plan 2024-34, which would seal funding on several major projects.

Brownless said he had not decided whether he would run in the election.

‘Drop-dead’ stop ‘unusual’ - Tolley

Tolley told the Bay of Plenty Times the commission was considering “making the same recommendation” about a Crown observer to the local government minister.

“It is extremely unusual for there to be a drop-dead stop to government intervention in local government,” Tolley said.

“The interventions are rare and based on extreme needs, so often are stepped down gradually with a variety of stages: hybrid model, Crown manager (either focused or general), and finally a Crown observer.”

It was “crucial” future city leaders continued to focus on addressing Tauranga’s infrastructure challenges.

She said facilitating a return to “effective elected governance” was in the commission’s terms of reference and was a priority. It was the commission’s role to outline actions to address the city’s challenges and raise awareness of “the importance of good governance”.

What is a Crown observer?

The documents showed the Department of Internal Affairs advised McAnulty against appointing a Crown observer.

Under the Local Government Act, the minister can only appoint a Crown observer if they believe there is a “significant problem” relating to the council.

“At present, there is no sufficient evidence to believe that the performance of newly elected members is likely to lead to a ‘significant problem’.”

“At-risk” priority infrastructure projects raised by the commission were “key for progress” but represented challenges for the incoming council rather than “significant problems.”

The department considered the new councillors would be left with a “clear pathway” to follow and their performance should not be pre-judged as problematic.

“Additionally, without a Crown observer, newly elected members will have full independence to act without the perception that central government is still involved.”

Unlike commissioners, a Crown observer does not carry out councillors’ functions.

They help the local authority tackle an identified problem, monitor its progress, and report back to the minister.

The department was expected to provide updated advice to Brown this month.

Former Local Government Minister Kieran McAnulty. Photo / Warren Buckland

The minister told the Bay of Plenty Times he had not considered appointing a Crown observer to monitor the “democratically elected council” replacing the commission.

Kiri Gillespie is an assistant news director and a senior journalist for the Bay of Plenty Times and Rotorua Daily Post, specialising in local politics and city issues. She was a finalist for the Voyager Media Awards Regional Journalist of the Year in 2021.