Ultimatum looms on Te Arawa stance

Rotorua Pro-Democracy Society chair-woman Glenys Searancke at a Te Arawa hearing.

Rotorua's council will meet in a confidential session today to discuss legal advice that could prevent some councillors from voting on the controversial Te Arawa Partnership Proposal.

Councillors will convene for a meeting of the Rotorua Lakes Council's Strategy, Policy and Finance committee from 9.30am to discuss the legal advice in a confidential session.

The Rotorua Daily Post understands the advice, from Hamilton-based law firm Tompkins Wake, gives councillors who are members of the Rotorua Pro-Democracy Society two options - resign from the society or abstain from voting during the decision making process.

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

She said she did not believe the legal advice should be confidential.

"There is no reason for it to be confidential, the public are entitled to know what's going on. They [the lawyers] are telling us that unless we have an open mind you cannot vote.

"I think we have proven we have open minds and have come up with a suggestion [Maori wards] that proves that."

Mrs Searancke said as far as she knew all of the society's council members would vote on May 26 when it is expected the council will make its final decision on the Te Arawa Partnership Proposal. "This is of huge public interest. They can't decide for us, the only people who can make this decision are the people concerned."

Mrs Searancke said the legal opinion was a long document and told all councillors that if they "can't be impartial we can't vote".

"All councillors should be taking this advice on any ruling they make.

"I won't be abstaining, I can tell you that much," she said.

Mr Bentley said his mind was still not made up on the proposal, but he too would be voting on May 26.

"I realise we have to find a way forward that involves Te Arawa in some form.

"Our present proposal may not be the way forward and I actually like the idea of a community board similar to the Rotorua Lakes Community Board. I've still got an open mind," he said.

Society secretary Reynold Macpherson said the society had no plans to challenge the council's latest legal advice.

"But the repeated attempts to suppress freedom of speech and freedom of association are inconsistent with the principles of democracy.

"This is just another red herring that is distracting us from the central challenge of finding a compromise."

Councillors Karen Hunt and Charles Sturt said they were happy for the council to discuss the legal advice confidentially before any decision was made to release it to the public.

Mr Sturt said he would ask his colleagues to release the advice immediately after the meeting.

"I'm not allowed to take part when there are issues regarding the sale of council land because I'm a real estate agent.

"It will be interesting to see what happens, but we can't get drawn into a lengthy legal process."

Council chief executive Geoff Williams said it was up to councillors to decide if, and when, the legal advice would be made public.