8 June 2009 Media release
Labour questions legality of Super City transition board appointments

The Government may have botched the appointment of its Super City transition agency board, throwing into doubt the legality of the appointments and their subsequent decisions and actions, says Labour's Auckland Issues spokesperson Phil Twyford.

Phil Twyford says Local Government Minister Rodney Hide announced the appointment of the five-member board three days before its new Super City law came into effect. The powerful transition agency is charged with managing the move to an Auckland Super City and overseeing the operations of the city's seven existing councils.

"Mr Hide jumped the gun by announcing the board appointments even before the enabling legislation had received the Royal Assent. He said at the time that the board appointments would be 'effective immediately' but that simply cannot have been the case.

"I have also looked and can find no evidence that the board appointments have been gazetted, which is what needs to happen for them to take legal effect. Is it possible that the appointments and two weeks' work by the board have been rendered null and void by a botch-up?"

"I call on the Government to reassure Aucklanders with a legal opinion on whether the appointments were lawful or whether they will be need to be made again in order to be lawful," Phil Twyford said.

"If the appointments were not lawful, what does this mean for all the decisions and actions of the board over the last two weeks?"

“The Government has failed to follow proper process on this issue right from the start. It rammed legislation through under urgency, without public consultation. It has given the public less than a month to make submissions to the select committee on Auckland governance and has removed the right to a referendum on its proposals despite 70 per cent of the public saying one is needed.

“The Associate Local Government Minister was appointed chair of the select committee and we’ve now seen John Key appearing to anoint John Banks as his preferred mayor of the Super City. This is at best very poor management.”

Chronology:
May 22 - Local Government Minister Rodney Hide announces the appointment of the five-member Auckland Transition Agency http://www.beehive.govt.nz/release/mark+ford+lead+auckland+transition+agency

May 23 - The enabling Local Government (Tamaki Makaurau Re-Organisation) Act receives the Royal Assent http://www.legislation.govt.nz/act/public/2009/0013/latest/DLM2044508.html

May 25 - The Act comes into force.

ENDS

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