Why do we bother to vote for Auckland councillors?

The Tail wagging  the  DogAt last  we can publish the new organizational structure for Auckland Council

The sound evidence which we have  has been collated over the years  and has been confirmed  by Bernard Orsman article  in his article Coney barred from review.

I have been totally amazed  at the  fact that  Councillors  don’t   know what the governance structure of Auckland council is  supposed to be,  I guess  that this is not totally unexpected when many  would be Councillors are elected for  attributes   other than their ability to understand governance structures.

Even on small  trusts and societies I  find that there is a general  ignorance of  the concept of  Governance .in some   situations people take on positions for their own egos  and they are  either  a leader   with their own hidden agenda  or a   willing to please type of person  who keeps a low profile and  just goes with the  majority.

This  is how it is supposed to be That is The   Dog wags Tail  not tail wags dog.

In other words the governance body  dictates tot he CEO and legal council  not he other way around.

The CEO  and chief legal officer are there to advise  and the Councillors decide DEMOCRATICALLY on the decisions  which need to be made.

It appears  to me that in   the three short  years in which  Auckland council has existed we have managed to  totally ignore the legislation which set it up in the first place   which is the Local Government (Auckland Council) Act 2009.

We have to ask the question is Auckland council off the rails?  or was it ever on it ?

I may not be a lawyer  but to me  it is very hard to misinterpret  section 8

8Governing body of Auckland Council
  • (1) The governing body of the Auckland Council must comprise a mayor and 20 members elected in accordance with the Local Electoral Act 2001.

    (2) The mayor must be elected by the electors of Auckland as a whole.

or section 9 which sets out the Mayors  role .

Decision making is set out in  section 14 under section 14 (2)

this states ” governing body and the local boards are responsible and democratically accountable for the decision making of the Auckland Council. ”

I have gone through the  legislation and cannot find one  clause where  it allows  decisions  to  be  made by  council employees

Decision making

14 General scheme

15 Decision-making responsibilities of governing body

16 Decision-making responsibilities of local boards

17 Principles for allocation of decision-making responsibilities of Auckland Council

So the  general  decision making process  set down by legislation

15 Decision-making responsibilities of governing body

(1) The governing body is responsible and democratically accountable for—

  • (b) the decision making of the Auckland Council in relation to the non-regulatory activities of the Auckland Council that are allocated to the governing body in accordance with section 17; and
  • (c) the decision making of the Auckland Council in relation to the establishment and maintenance of capacity to provide, or ensure the provision of, services and facilities (including local activities) by the Auckland Council; and
  • (ca) the decision making of the Auckland Council in relation to the governance of its council-controlled organisations; and
  • (d) the decision making of the Auckland Council in relation to compliance with section 101 of the Local Government Act 2002 (which relates to the financial management of a local authority); and
  • (e) the agreement reached with each local board (as set out in each local board agreement) in respect of local activities for the local board areas.

(2) Before making a decision described in subsection (1)(a) to (d), the governing body must—

  • (a) comply with any requirements of this Act; and
  • (c) consider any views and preferences expressed by a local board, if the decision affects or may affect the responsibilities or operation of the local board or the well-being of communities within its local board area.

The underpinning legislation which  deals with  Governing bodies and chief executives is Local Government Act 2002 and the role of the CEO is defined by section  42 

He is defined as the chief administration officer , he is not in a decision making role and   he is there to implement the decisions of council.

What has happened is that  instead of  carrying out the decisions of council   the CEO and the  counsel for council  Wendy Brandon have  taken it upon themselves to lift the decision making   burden from the shoulders of Councillors by  blocking    emails and preventing  voters  from  communicating   with   Councillors.

The advisory  role  has become such that the Councillors have ceased to become independent  thinkers  and when one steps out of line every so often and wishes to take on their role seriously   they are denied the information  which they  need to rely upon for proper consideration.  as in the   article Coney barred from review.

I therefore cant understand why we have elections

It appears that the  true  controllers of Auckland    are

Doug Mc Kay  Mr McKay, 54, has an extensive background in leading large organisations in both New Zealand and Australia. This includes senior roles with Carter Holt Harvey, Lion Nathan and Goodman Fielder. Most recently he served as Chief Executive Officer at Sealord and CEO and Executive Chairman of Independent Liquor.

and Wendy Brandon

he is also   current director of the  following companies
MCKAY PREMIUM PROPERTIES
MCKAY PROPERTY INVESTMENTS
MUSSEL INVESTMENTS Limited
NZ SNACK FOOD HOLDINGS
NZ FOOD COMPANY HOLDINGS
WYMAC CONSULTING

Now strangely enough  he has close ties with the liquor industry  and there  is also a healthy representation of  his associates  from the  LD Nathan in the   Committee for  Auckland  who lobbied to get the super city  and   in the business round table   and chamber of commerce who were there to back them up  .

Leaves you wondering   who is the  super city  for ??  it sure as heck is not for  the residents.

 

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