Public exclusion clarified
Posted on Monday, 5 December 2011 09:06 a.m.
Decisions made by Environment Southland without public participation have drawn some criticism and aroused suspicion but Chairman Ali Timms says there are justifiable reasons to deliberate in private.
Ms Timms said there has been confusion, particularly about the decision-making process with regard to a proposed new rule and policy change affecting land conversions to dairy farms and associated winter grazing land, and why it was held in a public excluded session.
There was no intent to stymie or restrict the democratic process that the Council is governed by, nor was there any attempt to slide through changes that could be considered unpopular, she said.
But there are several reasons why these decisions were made in private, including legislative protocol, she said.
Firstly, the Local Government Official Information and Meetings Act gives authority to a Council to exclude the public when making decisions that could be subject to appeal or proceedings in the Environment Court.
It also gave councillors the opportunity to speak freely without their comments being misconstrued, Ms Timms said.
“If any councillor offered up their own comments regarding this proposed policy and rules in an open forum then they could be accused of demonstrating bias and pre-determination.”
Should that situation arise and a councillor was challenged, they could be unable to represent their constituents when Council formally deliberates to come to a decision, Ms Timms said.
“Then decision-making would then fall to appointed commissioners, who do not represent the ratepayers of Southland.”
Environment Southland and every other regional council in New Zealand deliberate plan changes in public excluded for the same reasons, she said.
“The public will have the opportunity to have their say on the proposal during a consultation and submission process in the New Year,” Ms Timms said.
Environment Southland is the brand name of Southland Regional Council.