Greetings
friends,
A
big thank you to people who supported my May
Day appeal or in the many ways that people do. My
13 May and May
20 reports outline the initial weeks of the itinerary. In all the
project has seen presentations to over 15 Council hearings with the
addition last week of Upper Hutt City, Tararua District, Wellington
City, and Greater Wellington Regional Councils. I also attended the
Open Government Partnership (OGP)
workshop.
Tinkerbell (my van) urgently requires a new windscreen and warrant inspection. I need
sustanance if I am to continue intervening in the democracy at the
level I do. If you are able to assist cheers: Public Advocacy
Donations Account
389017-0439360-00 ref: TPP
roadie
LTP
presentations
Monday
21 May saw the local government LTP project at Upper
Hutt City Council (UHCC).
A number of friends presented on Monday, Antony Maddock, Wendy
Blanche and myself, with Leon Salter and Tracey Ultra presenting
later in the week. Mary Beth, Pat van Berkel and more TPP Free
friends presenting on their own matters Council's hearings.
Previously
Upper Hutt City adopted the TPP
Policy Solution and became the first and only Council to become a
TPP
Free Zone with Council
decision of February 2016.
The
Council on this occasion appeared to be cool in its attitude to the
presentations. We were received politely and attentively. The
councillors gave no indication as to their attitude to our LTP
recommendations.
Tuesday
22 May saw me driving over the Rimutakas from the Hutt Valley to
attend a hearing at Tararua
District Council (TDC)
for its LTP hearings at 10:54am held in their Dannevirke office. I
was well received and outlined my concern for Just
Rule of Law.
Following
my presentation Cr Shirley Hull thanked me and said that she
definitely supports the wellbeing recommendation. I'm finding that to
be the case wherever I go.
I
was first presenter at Wellington
City Council (WCC)
9:30am Thursday 24 May. Cr. Jill Day Chaired the meeting and welcomed
me to the table to speak.
With
all councils my oral presentation is to briefly mention the 4
recommendations and place them in a context. I determine the order of
dealing with the recommendations depending on what I learned from
sitting in the chamber and listening attentively.
Wellington
City it was obvious to commence with recommendation #3 seeking
support for the 4 Wellbeings to be reinserted into the Local
Government Act 2002. Paul Eagle MP was a Wellington City Councillor.
He initiated the private members bill that we are recommending. The
Councillors were happy at the mention especially as the bill was
adopted by the Government
as it's own bill on 5 April and is now through its First Reading.
I followed by placing wellbeing in the context of the other
recommendations; ethical governance, trade and investment treaty
making and sustainable economics.
Following
my korero Councillor Iona Pannett asked, “what is the attitude of
other councils to the recommendations?”
I
answered that, “I won't have a real idea until after councils have
deliberated, however, it appeared that women councillors were
grasping the content more readily than some of the male councillors
as they might be less ideologically bound and more practically
minded.” That brought a sudden outburst of laughter from both the
female councillors and their male colleagues. It appeared they had
been having earlier parallel discussions.
I
futher offered an anecdote - that at Porirua City LTP hearings one of
the Councillors, Dame
Beverley Wakem previous Ombudsman followed me into the hall after
my presenatation to state that the paper was the most important
submission to council's process and placed local communities in the
national and into the geopolitical context.
That
concluded my 5 minutes with the WCC hearing.
The
afternoon was given over to Greater
Wellington Regional Council (GWRC).
GWRC allocated presenters to LTP hearing sessions rather than
specific appointments. I was allocated to the 1:15 – 2:40pm
session. I was 2nd
to arrive for the session, Phil Teal from New Zealand Fish and Game
was first. Phil was concerned about water quality and nutrient
runnoff from pastoral activity particularly in the Wairarapa. Water
quality and access is an issue everywhere.
Council
Deputy Chairperson (chair of LTP hearing) Barbara Donaldson welcomed
me. My turn was focused as I only had 5 minutes of Council time and I
was keen to provide opportunity for any question councillors might
pose. I outlined the 4 recommendations, whereby if Council desired
that ethical governance apply in New Zealand then it might assist for
it to make a public declaration to that effect.
Councillor
Roger Blakeley asked about the recommendations relevance to local
government, however, he indicated his support for the recommendation
on Wellbeing. I answered that the recommendations needed to be viewed
as an integral package.
Following
my presentation I got to witness WCC Mayor Justin Lester take a
moment out of his Council's LTP hearings to present to the GWRC,
where he had them laughing about all the ex Mayors and politicians
sitting around the table to which they responded, you'll be here too
before long...
Initial
Council responses to LTP
Paper and #4 Recommendations
I've
received two responses to the LTP recommendations, one from Taranaki
Regional Council outlining Council's decision and the other from Gore
District council highlighting the Chief Executive's
recommendation/comment in respect to our suggestions.
Taranaki
Regional Council (TRC)
in 2014 questioned the validity of council considering a position in
respect to the TPP stating that it was a central government's matter.
Council was in effect limiting its jurisdicition and scope of ambit
to consider matters impacting its consitituents. In my May
13 LTP report I refer to the 7 May TRC oral hearing where a
Councillor stated that I had placed “the whole kitchen sink” in
my paper. I spent a some effort countering that attitude. Seen in
this light the decision from the Taranaki Regional Council states;
The
following recommendations were adopted in relation to your
submission. For your information, the officer's comments in relation
to your submission are also attached.
Resolved
THAT
the Taranaki Regional Council
1.
thanks the submitter for their submission
2.
makes no change to 2018/2028 Long-Term Plan.
The
Council
letter and attached extracted report with Administration comments
highlight that the Taranaki Council maintains its attitude to our LTP
recommendations with the exception of the Wellbeings matter they are
out of Council's scope.
Gore
District Council (GDC)
Chief Executive made the following comments in the report going to
Council for it's determination on LTP matters 28 May;
I
was a little bemused by the reference to a “highly political
submission” and wrote to the Council officer in the following
terms;
Dear
Council,
Thank
you for the advice and observations of the Chief Executive in respect
to my recommendations.
I
note my suggestion is referred to as "highly political"
whereas I might refer to it as "well researched reality."
It
was a "highly political" act to remove the 4 Well Beings
from the Local Government Act of 2002 in the face of the overwhelming
opposition to their removal.
I
think it is critical that New Zealand's leaders elect for Rule of
Just Law. The previous government as well as remove the 4 Wellbeings
was intent on removing the reference to "Rule of Law" from
the Judiciary Act:
The
question as to what is the Law and how it is applied may be
political, however, it is most definitely a matter for the concern of
Council as ultimately Council and it's constitutents will be impacted
by the development of law and its application. The following might
assist thinking:
What
is the first principle in law? Human dignity and the rights that flow
from that. Property rights flow from the natural human person which
is recognised as personhood in law - in fact corporations claim
personhood to claim the benefits.
It
is a highly political act to overturn the hierarchy of law based on
arbitrary determinations without due diligence and democratic
engagement.
That
is what I have identified in my paper to your council.
Again
many thanks for the advice.
Warm
regards
It
wasn't meant to offend rather to set my paper and the recommendations
in their correct context and political alignment.
Best
to Gore District and all councils in their LTP final determinations.
Open
Government Partnership (OGP)
The
Wednesday 23 May Wellington OGP
workshop was one of several programmed around the nation with one
Wellington overflow workshop still to occur. The process remains open
for public input till 31 May where there are pressing issues you wish
to be included to ensure
NZ's government is open and transparent.
Matters
under the Open Government ambit go to data, information, privacy
protection and access to government facilities, services and
information. In a sense OGP's scope is the whole of government.
There
were about 6 tables of people considering matters under headings,
Data, Ethical Governance, Citizen Access and Participation, and a few
more. We were guided to make our suggestions which were allocated to
the tables of interest, which people could follow in the work
session. I did in respect to OIA.
Many
have identified the Official
Information Act (OIA 1982) has a number of impediments to
accessing official information particularly related to foreign
affairs and trade negotiations. Many of my OIA applications have
floundered (information denied) as the OIA provides the government
easy grounds for withholding information including under
Sec 6 where there is no public interest considered.
In
the company of a few transparency advocates at the OIA workshop table
we outlined the ideal scope of a review or reform of the OIA to
remedy these blockages to citizen access to official information.
This outlined on butcher's paper goes into the process to develop the
New Zealand Government's committment to OIA reform in the coming
2018-2020 Action Plan period. As it is the NZ Government's commitment
I am merely offering my suggestions to our representatives.
I
earlier asked
Justice Minister Hon Andrew Little a set of questions about his
review of the OIA following a 7 December 2017 question in
Parliament by National MP Brett Hudson asking "What reform is
he planning to make to the Official Information Act 1982?" I
shared my response
from Minister Little to people at the OIA table where he states
there's no public consultation required as there's clearly no review
or reform planned.
I
feel there is some ambition amongst the OGP participants that
improvements can be made. I sense that movement within domestic
concerns are more easily attained than reforming the the grounds for
withholding state secrets and making withholding
subject to a public interest test. It appears that some are
concerned about NZ
being compromised as a intelligence and security
risk in the context of Five Eyes for its apparent Chinese influence.
It
appears that NZ's place in the world as an honest broker is up for
grabs. We must influence the result to ensure ethical governance
locally, nationally and internationally.
Coming
week events
I
present to New Plymouth, Masterton and Carterton District Councils
next week and Napier City Council on June 5. We also have a speaking
opportunity at Southland Regional Council on June 6 at which local
Nathan Surendran will present on behalf of the project. I'll report
again at the close of next week.
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For
more details go to my blogs:
To
sustain Greg continuing this work
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Many
thanks for your support.
Greg
Rzesniowiecki gregfullmoon013@gmail.com
