Regarding the recent Councillor ruckus over Councillors acting as Commissioners dealing with what are usually RMA Consent applications, etc. it is fair to say the Hearing Panels generally should never have Councillors on them, particularly where the Council has any interest in the outcome - that is to say, where there is the possibility of a conflict of interest, whether perceived, real or otherwise.
In this situation or with applications of particular significance then it is essential that qualified Independent Hearing Commissioners are appointed to hear and determine such applications.
It is also critical that the Independent Hearing Commissioners be selected from a Council Commissioners list, comprising all suitably qualified persons that wish to be on the list, not just those selected by Council. In addition, an Independent Commissioner should not be chosen for a hearing by Council itself but by an impartial body such as the Ministry for the Environment or Local Government so that everyone can be assured of complete independence free from any suggestion of undue pressure. This procedure should not add to the cost of the process at all and in any event, the applicant would meet these costs.
The recent outburst by Cr. Baker was unacceptable and Cr. Grainger should not have tendered any apology, particularly one floated by Mayor Crosby. My understanding is that the legal opinion obtained by ‘Council' was inconclusive on whatever the query was on comments about Hearing Commissioners and it seems, although this opinion was supposed to be confidential, it was leaked to certain parties.
The bottom line is that Councillors should not act as Hearing Commissioners and then no problems will arise from this.
Rob Paterson, Matapihi.