Media Release: 27 April 2017

Horowhenua District Council Deputy Mayor remains in place

During the December 7 2016 Horowhenua District Council meeting, Councillor Wayne Bishop was elected by majority vote as the Deputy Mayor.

At the time the Local Government Act 2002 was tested, but legal advice provided by Simpson Grierson revealed once Councillors voted to remove a Deputy Mayor who was appointed by the Mayor, they can then elect a Deputy Mayor.

Acting Horowhenua District Council Chief Executive Monique Davidson says the legal advice states the only way to change the Deputy Mayor for the remainder of the triennium is by majority vote as the Mayor’s powers have been formally discharged in appointing a Deputy Mayor by Council.

“Horowhenua District Councillor Wayne Bishop is the Deputy Mayor for the remainder of the triennium unless an alternative vote by full Council is made” she says.

The legal advice states that the Mayor’s power to appoint the Deputy Mayor in section 41A(3) of the Local Government Act cannot be used by the Mayor as a power to reverse Council decisions. To do so runs counter to the fundamental democratic process through which councils function.

ENDS

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