Editorial: Advice raises problem

Councillors including Charles Sturt, Mike McVicker and Glenys Searancke

You know you're getting into murky territory when the legality of a council vote is called into question.

As we report today, the Rotorua Daily Post understands councillors who are members of the Rotorua Pro-Democracy Society - a group set up to oppose the Te Arawa Partnership Proposal - could be asked to either resign from the society or abstain from voting on the proposal following legal advice received by the council.

Four councillors - Glenys Searancke, Mike McVicker, Rob Kent and Peter Bentley - are members of the society.

The issue is pretty clear. The council is considering submissions on the proposal from members of the public. If four of those councillors were members of a lobby group against the proposal before and during consideration of submissions, doesn't that taint the decision process? Some will say it does, while others will point out that Te Arawa-affiliated councillors are in a similar position. And let's not forget the 10 councillors who last year approved the proposal in principle so it could go to public consultation.

But let's say those councillors do not vote.

It would set a precedent for important local issues for years to come.

Would any councillor who campaigned on a social issue, for example, be barred from voting on measures to deal with it?

That's why it's murky territory.

Should the councillors vote, the council faces a legal risk. It has an obligation, on our behalf as ratepayers and residents, to avoid messy and potentially costly legal complications.

Should they not vote, the decision could be seen to be fatally flawed. We elected a mayor and 12 councillors - a cross-section of our district - to represent us. Don't they all have their own opinions that should be taken into account?

We've noted before that next Tuesday's decision will likely not be the end of the matter.

This council has achieved a lot in a short time since the 2013 election. We've seen and heard the plans - there's still a lot to be done. Let's hope this issue can be put to rest soon and our elected representatives can get on with everything else they need to do.