Local Govt | National News Video | Parliament Headlines | Politics Headlines | Search


Watercare Director invalidated by technicality

Appointment of Watercare Director invalidated by legal technicality

The chairperson of Watercare’s Shareholders’ Representative Group (SRG), Auckland City Councillor Dr Bruce Hucker, announced today that Mr Gary Taylor’s appointment as a director of Watercare has been invalidated due to a legal technicality.

Dr Hucker says Watercare has been advised that Mr Taylor was not eligible to be appointed a director of Watercare because he was also a member of Infrastructure Auckland. This is contrary to the Local Government Act 1974 which states that no director of Watercare may be a person who is also an elected member of any local authority. According to the Local Government Act 1974, a member of Infrastructure Auckland is considered to be an elected member of a local authority. It is also contrary to Watercare’s constitution.

Mr Taylor was appointed by the Shareholders Representative Group as a director of Watercare on 1 March 2001. He was appointed a member of Infrastructure Auckland on 1 January 2000 and was reappointed for a two-year term with effect from 1 July 2001.

“It is with sincere regret that the SRG has informed Mr Taylor that he is not eligible to be a director of Watercare. Needless to say Mr Taylor has accepted that he cannot remain on the board.

“Mr Taylor has made an excellent contribution to the board and it is most disappointing and regrettable that a due to a legal technicality his appointment is invalid.”

Dr Hucker said the SRG has received legal advice that Mr Taylor’s appointment as a director of Watercare when he was ineligible for appointment does not invalidate Mr Taylor’s acts as a director.

“In view of this, and because Mr Taylor’s professional skills and experience have added considerable value to the board of Watercare since his appointment, Watercare is unlikely to seek recovery of payments made to Mr Taylor as director’s fees.

Infrastructure Auckland is not a local authority as defined in the Local Government Act. It is, however, deemed to be a local authority for the purposes of certain provisions in the Local Government Act and a number of other acts.

The legislation appears to have been designed to prevent members of local councils who jointly own Watercare and are its customers from being on the board.

“The SRG does not believe there is any conflict of interest in being a member of Infrastructure Auckland and a director of Watercare. We will, therefore, ask the government to make the legislative amendments to allow this.

Watercare’s constitution requires the company to have a minimum of two, and allows a maximum of eight, directors. As the company currently has seven directors (excluding Mr Taylor), there is no need at this time to appoint a replacement director.

If the legislation is corrected, the SRG would then consider reappointing Mr Taylor to the Watercare board.

Watercare Services Ltd is New Zealand’s largest water and wastewater industry company. It is jointly owned by the city and district councils of Auckland, Manukau, North Shore, Papakura, Rodney and Waitakere. The Shareholders’ Representative Group represents Watercare Services Ltd’s six local authority shareholders and appoints an independent board to govern the company.

© Scoop Media

Parliament Headlines | Politics Headlines | Regional Headlines

Gordon Campbell: On The Peters/Ardern Triumph

There are a lot of good reasons to feel joyful about this outcome. It is what so many young voters – the best hope for the country’s future – wanted.

Far more important than the implications for the Economy Gods ( is the dollar up or down? ) last night’s outcome will also mean many, many vulnerable New Zealanders will have a better life over the next three years at least.

Yet the desire for change was in the majority, across the country..>>>More


Labour on its agreement |Peters: Post-Election Announcement Speech | Greenpeace “cautiously hopeful” about new Government | ACT - Madman on the loose | E tū ecstatic | Chamber welcomes the outcome | Greens on their joining Govt | EDS welcomes new govt | Immigrant groups worry | Feds ready to engage new coalition government | Labour Ministers of the Crown announced


Climate: Increasing Greenhouse Emissions Hit NZ

New Zealand is seeing impacts of excess greenhouse gas emissions in our climate and oceans, according to the latest national report from the Ministry for the Environment and Stats NZ about the state of the atmosphere and climate…More>>


Wellington.Scoop: Arrests At Blockade Of "Weapons Expo"

“We encourage people in Wellington to get down to the Westpac Stadium now for a day of awesome peace action. There will be plenty of food, music and activities to keep us sustained through the day.” More>>


Rorschach Restructuring: PSA Taking Inland Revenue To Court Over Psychometrics

The Public Service Association will be seeing Inland Revenue in Employment Court over its intention to psychometrically test employees reapplying for their roles at the department as part of its controversial Business Transformation restructuring plan. More>>


Nuclear Disarmament: Nobel Peace Prize 2017 Awarded To ICAN

Congratulations from iCAN Aotearoa New Zealand to international iCAN, the other iCAN national campaigns and partner organisations, and the countless organisations and individuals who have worked so hard for a nuclear weapons-free world since 1945. More>>


Expenses: Waikato DHB CEO Resigns

An independent inquiry has identified that Dr Murray had spent more than the agreed $25K allocated for relocation costs, and other unauthorized expenses involving potential financial breaches of the chief executive’s obligations. More>>


Wellington.Scoop: Sad About The Trolley Buses?

The Regional Council’s MetLink is today spending money to tell us that it really loves Wellington’s trolley buses, even though they’re all being taken off our roads by the end of this month. More>>


Post-Election: Preliminary Coalition Talks Begin

New Zealand First will hold post-election preliminary discussions in Wellington with the National Party tomorrow morning and the Labour Party tomorrow afternoon. More>>




Featured InfoPages

Opening the Election