20 September 2025

The Local Government Commission’s draft Code of Conduct, currently out for consultation, would be weaponised to silence speech. Vague rules, unchecked investigator power, and a hollow ‘freedom of expression’ clause will chill debate and weaken local democracy, says Jillaine Heather, Chief Executive of the Free Speech Union.

“The Code is written in language that invites subjective enforcement, hands sweeping power to unelected investigators, and will encourage councillors to self-censor rather than stand up for the ratepayers they are elected to represent. It centralises power by handing investigators a blunt instrument to silence elected members, rather than protecting robust local debate.

“In September 2021, the Commission itself warned the Minister of Local Government about the growing tendency for code of conduct complaints to be used for political gain, yet that is exactly what their draft Code of Conduct would allow.

“We are concerned about the vague, overbroad standards like the need to be ‘respectful’, ‘inclusive’, and ‘not derogatory’ and punishing the criticism of officials as ‘serious harm’. These aspects subvert freedom of expression by making it conditional, compelling speech and ideological training, chilling legitimate political criticism and enabling excessive investigative power with no right of appeal.

“We met with the Commission early in their drafting process, urging them to respect the speech rights of councilors and ratepayers, but it’s fallen on deaf ears. The Free Speech Union calls on the Commission to withdraw or fix the draft. Kiwis deserve local government codes that protect democratic debate, not suppress it.”

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