Ignored democratic Rights



12 May 2009 Well folks! It appears quite clear that the reason why lawful due process was NOT followed under the Local Government Act 2002 was to deprive citizens of our democratic right to have a BINDING say over these massive changes to OUR towns and cities, OUR assets OUR democratic voice, OUR future - and OUR children's future! Guess it was obvious that the majority of citizens wouldn't take kindly to a $28 BILLION corporate asset grab and relegated to the role of a giant ca$h cow - all pay - no say- so, we've been denied our lawful democratic rights and lawful due process under the Local Government Act 2002. And what's the Local Government Commission doing about it? NOTHING. What's the Auditor-General doing about an inquiry into the Metrowater CCO model (given that there has NEVER been ANY 'cost-benefit' analysis of ANY CCO model - EVER?) NOTHING Yet it is that UNTESTED FOR 'COST-EFFECTIVENESS' CCO model under which it is planned to put $28 billion of OUR public assets! The Office of the Auditor-General - the Local Government Commission - PUBLIC WATCHDOGS or CORPORATE LAPDOGS? They get OUR public money to look after WHOSE interests? But it's not just central government politicians and 'third party statutory 'watchdogs' who are fault here. WHAT ATTEMPTS DID THE ELECTED REPRESENTATIVES AND COUNCIL OFFICERS MAKE TO ENSURE LAWFUL DUE PROCESS FOR THE AUCKLAND 'SUPERCITY REORGANISATION' WAS FOLLOWED? An OIA has been sent to the CEO's of ALL Councils in the Auckland region. A copy will be forwarded to you tomorrow Never mind 'NANNY' state! This is 'NAZI' state! Penny Bright (09) 846 9825 021 211 4 127 www.stopthersupercity.org.nz ________________________________ 12 May 2009 OPEN LETTER TO THE LOCAL GOVERNMENT COMMISSION Manager Donald Riezebos Dear Donald, Under the Local Government Act 2002, as you are well aware, is a very comprehensive lawful due process which is supposed to be followed, before any 'reorganisation' of local government takes place. In fact, your website spells out that process in some detail: http://www.lgc.govt.nz/lgcwebsite.nsf/wpg_URL/Guidelines-Procedures-for-Changing-the-Structure-of-Local-Government-Index!OpenDocument The statutory requirements are set out in the Local Government Act 2002 s 24 "Reorganisation proposal", and the lawful due process to follow is clearly outlined in Schedule 3, which includes s49, which states that a poll of electors MUST be held. It appears that this lawful due process for the 'reorganisation' of the Auckland region, which involves the abolition of 1 Regional, 4 City and 3 District Councils, and their replacement with a 'SUPERCITY' Auckland Council - has been completely ignored. 1) Can you please confirm whether the 'SUPERCITY reorganisation proposal' has ever been lodged with the CEO of the Local Government Commission, as required under this statute? YES or NO? Reply from Donald Riezebos, Manager Local Government Commission 12 May 2009 4.58pm ANSWER: 1. A proposal for an Auckland "supercity" has not been lodged with the Chief Executive Officer of the Local Government Commission. That would only be required if a proposal was being initiated under the procedures of the Local Government Act. In this case the Government intends to implement change through legislation and the Commission does not, therefore, have a role on making decisions on the proposal for a "supercity". 2) Upon reviewing today the Local Government Commission website - I see no reference anywhere to the Auckland 'SUPERCITY reorganisation proposal'. WHY IS THIS? ANSWER: 2. There is no reference to an Auckland "supercity" proposal on the Commission's website because the Commission is not dealing with such a proposal under the Local Government Act. Your Local Government Commission website states: "The Local Government Commission is an independent statutory body. Our main role is to make decisions on the structure and representation requirements of local government in New Zealand." The Government is attempting to railroad through legislative changes to deny citizens and electors of the Auckland region, our statutory democratic right to have a binding POLL on this 'reorganisation proposal'. 3) WHAT ARE THE LOCAL GOVERNMENT COMMISSION DOING ABOUT THIS? ANSWER: 3. As explained above, the Commission would only get involved in issues such as this if a reorganisation proposal was initiated under the Local Government Act. 4) WHAT ACTIONS ARE THE LOCAL GOVERNMENT COMMISSION TAKING - WHICH PROVE THAT YOU ARE INDEPENDENT OF GOVERNMENT - TO UPHOLD AND ENFORCE THE STATUTORY DEMOCRATIC RIGHTS OF THE PUBLIC AS ENSHRINED IN THE LOCAL GOVERNMENT ACT 2002 TO A BINDING POLL ON THE AUCKLAND 'SUPERCITY' REORGANISATION PROPOSAL? ANSWER: 4. See above. Please be advised, if you are not already aware, that the following petition will be presented TODAY at 2pm in Parliament, which: "Respectfully requests that the House does not implement any legislative changes proposing the ‘reorganisation’ of Auckland regional governance, until the lawful due process for so doing, as enshrined in s24 “Reorganisation Proposals’, and Schedule 3 (particularly s49 thereof - “Polls must be held”) of the Local Government Act 2002, is properly followed; and the mandatory poll of electors who will be affected by the proposed abolition of Auckland, Manukau, North Shore and Waitakere City Councils; and Papakura, Rodney and Franklin District Councils, with their proposed ‘reorganisation’ into one ‘Auckland Council’, is duly held." 5) DOES THE LOCAL GOVERNMENT SUPPORT THIS PETITION - YES or NO? ANSWER: 5 It is not the role of the Commission to make judgements on petitions such as this. 6) IF NOT - WHY NOT? ANSWER: 6 See answer to question 5 I would add that it has been proposed that the Commission have a role in determining the boundaries of the wards of the proposed Auckland Council and the boundaries and membership of the local boards. This would be a separate role from the normal roles of the Commission and would have to be spelt out in the legislation the Government proposes to introduce to Parliament this week. Regards Donald Riezebos Yours sincerely, Penny Bright Donald Riezebos <Donald.Riezebos@dia.govt.nz> toPenny Bright <waterpressure@gmail.com> dateTue, May 12, 2009 at 4:58 PM subjectRE: URGENT! OPEN LETTER to the Local Govt Commission.Where have YOU been with the Ak 'SUPERCITY' proposal? Dear Penny My answers to your questions are as follows: 1. A proposal for an Auckland "supercity" has not been lodged with the Chief Executive Officer of the Local Government Commission. That would only be required if a proposal was being initiated under the procedures of the Local Government Act. In this case the Government intends to implement change through legislation and the Commission does not, therefore, have a role on making decisions on the proposal for a "supercity". 2. There is no reference to an Auckland "supercity" proposal on the Commission's website because the Commission is not dealing with such a proposal under the Local Government Act. 3. As explained above, the Commission would only get involved in issues such as this if a reorganisation proposal was initiated under the Local Government Act. 4. See above. 5 It is not the role of the Commission to make judgements on petitions such as this. 6 See answer to question 5 I would add that it has been proposed that the Commission have a role in determining the boundaries of the wards of the proposed Auckland Council and the boundaries and membership of the local boards. This would be a separate role from the normal roles of the Commission and would have to be spelt out in the legislation the Government proposes to introduce to Parliament this week. Regards Donald Riezebos