A growing feeling remains that the open debates are for show, and the decisions are made behind closed doors, writes Marcus Anselm. Photo / Getty Images
OPINION
Once again, the local government's workshop culture is under scrutiny after a disgruntled Rotorua ratepayer launched a bid to open the doors on his district's councils.
Bay Of Plenty businessman Justin Adams complained with the national Ombudsman over Rotorua Lakes District Councils' tendency to hold closed-door get-togethers.
Adams wrote to the government watchdog, calling RLDC's catchups an "intellectual sleight of hand to avoid legal, legitimate public scrutiny".
The Ombudsman's office confirmed receipt of Adams' letter last week.
Oonagh Hopkins, a senior manager at RLDC, told Local Democracy Reporting that information in workshops "formed the basis for the information reported and presented at formal meetings that were open to the public."
Adams contacted the Ombudsman after his district council held 37 public-excluded workshops and forums in 2020.
Across the country, 737 closed-off meetings were held by 31 councils.
Over the same period, RLDC held 37 closed workshops, Tauranga City Council 55, the Western Bay of Plenty's council 90, and the Bay of Plenty Regional Council 39.
Minutes, if available, would only be obtained through the laborious LGOIMA process and its 20-day period of limbo.
And that may not even be granted.
Of course, interest in attending may vary. With some rare exceptions, most people attending public meetings are paid to be there.
But a growing feeling remains that the open debates are for show, and the decisions are made behind closed doors.
Such quasi-decision is unlawful.
In a 2003 decision, the chief Ombudsman's office ruled that workshops could not be considered meetings.
In a report, the Ombudsman said an unnamed territorial authority took a contract decision for its District Plan at a 'workshop'.
No record was kept of the decision, and the decision to contract out was the subject of a complaint.
That complaint was upheld.
Local government expert Mike Reid said such instances were rare, but "it's pretty simple, it's ultra-vires, against the law".
"It's vitally important, democratic point of view, that citizens can see the debates that go into decisions."
Hamilton City Council opened up workshops to the public in 2016, a rare example of an open door policy.
Rotorua mayor Steve Chadwick said transparency was "absolutely important" and decisions were made in public.
She said workshops contributed to an in-depth understanding of issues that enabled elected representatives to be effective.
"Elected members represent the community in many different ways, including in workshops where the likes of long-term plans and the direction these should take and issues they should address are discussed.
"What emerges from these workshops, including information and direction that was provided, becomes public via formal meetings where proposals are presented and decisions are made following further discussion and debate."
Perhaps it is time to remove any doubt and either open the doors, as seen elsewhere or make the minutes public.
These moves would remove any lingering suspicions, no matter how unfounded they may be.
They allow councillors "to ask questions and request information and clarification on issues that would otherwise lead to committee and council meetings extending into days, and cause decision-making to be delayed while officers clarify questions that otherwise would be raised at workshops".
Perhaps it is time to remove any doubt and either open the doors, as seen elsewhere or make the minutes public.
These moves would remove any lingering suspicions, no matter how unfounded they may be.
The jury's marathon deliberations ran for two weeks.