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'Do As We Say, Not As We Do': Report On Local Government Misses Opportunity To Enhance Democratic Speech Rights

The final report of the Review into the Future for Local Government, while raising some important points on democracy and local government participation, has missed an opportunity to reaffirm the importance of the speech rights of Kiwis and elected officials. The review talks a big game on participation in democracy yet appears not to practice what it preaches, says Jonathan Ayling, Spokesperson for the Free Speech Union.

“The report proposes sweeping changes to how we do local democracy in New Zealand. Changes might be needed, but core principles remain the same, and the report fails to address some of the significant issues regarding free speech rights for voters and elected representatives.

"Important points, such as guaranteeing the LGOIMA is fit for purpose in ensuring local government transparency and seeking more participation in local government processes, are made. However, its recommendations on codes of conduct fail to address their frequent weaponisation to limit the speech rights of elected officials. Likewise, the recommendations on professional development for elected officials need to include training on their obligations to ratepayers under the Bill of Rights Act.

“The Review says, ‘Do as I say, not as I do.’ It recommends adopting greater participatory practices such as consultation and emphasises the need to trust the public to form opinions and have their say. Yet the Review’s own consultation included a censorial ‘Transparency and Moderation Statement’, allowing for submissions from the public to not be published.

“If our local democracy is to show trust in voters and encourage participation, the very groups calling for such measures should practice what they preach and respect their voice."

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