April 17, 2026 • 5 mins
Changes to the Local Government Act could be on the way after controversy at the Far North District Council.
Councillor Diane Smolders claims a committee made-up of six councillors and 10 unelected Iwi and hapu representatives is co-governance on steroids.
Local Government Minister Simon Watts says he's looking at changes to give to cabinet.
He told Heather du Plessis-Allan that he'll have a proposal soon.
Watts says he expects it to take about a month.
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Episode Transcript
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Speaker 1 (00:01):
Yeah, good a, Heather, I'm very well, thank you. Would
you support this law change stripping the unelected counselors of
their voting rights?
Speaker 2 (00:09):
Well, look, from our first principal's point of view, I
do find it pretty challenging that people who aren't democratically
elected are able to make decisions.
Speaker 3 (00:17):
Around the council table.
Speaker 2 (00:18):
I've actually sought some advice from my officials around us
and I'm going to get that back. I think of
what I'm seeing in the Far North, it would be
fair to say it's been pretty messy. And while I
don't have jurisdiction under the Local Government Act to sort
of step in, I am wanting to get a bit
more information around these voting rights. You know, democracy says
(00:40):
if you're voted in, then you have the power. If
you're not voted in, then you shouldn't be making decisions
on spending rate payer money. So that's where I stand
on it, and I'm going to take some advice next
week and talk with my cabinet colleagues and go from there.
But we do have a mechanism to make those changes
through the Local Government Bill that I've got on the
table at the moment. So if it makes sense, then
(01:01):
I'm open to that.
Speaker 1 (01:01):
Okay, So you would amend the bill potentially.
Speaker 2 (01:05):
If my cabinet colleagues and support me on that, Okay,
I'm pretty open to that.
Speaker 1 (01:11):
I should actually have asked this at the outset. How
do you feel about Far North's District Council having a
committee where six people are elected and ten people are unelected?
EWI members, are you cool about that?
Speaker 3 (01:23):
Look, my guts is a bit uncomfortable with that. Why
be fair to say hither? Well?
Speaker 2 (01:29):
Because the point that I said before is that you know,
individuals that aren't democratically elected are making calls on how
you spend rate payer money. Doesn't sit well with me,
and I don't think it probably sits well with too
many people. So but that's the law as it stands.
And you know, we may changes around getting rid of
the co governance and all that, but local government do
(01:51):
set these rules. But at the end of the day,
I'm taking a look at it and I want to
make sure it's fit for purpose.
Speaker 1 (01:57):
Okay, So would you? So when you go to the officials,
you talk to the officials, and you talk to your cabinet,
is one of your considerations doing what actors promised to
do with the election and stripping these voting rights so
that these guys actually just bugger off the councils.
Speaker 3 (02:11):
Yes, it is.
Speaker 2 (02:12):
It'd be fair to say. Look, X got some ideas,
a lot of people with these ideas. Grant McCullum up
North's been pretty keen advocate around this type of stuff
as well, and it's something that we have looked at
through the Local Water done well reforms that I lead
as well. So look, it's all related. Short answer is
you know I have been focused on the fuel stuff
and advertise on it.
Speaker 1 (02:35):
Why don't you just do it? Why don't you guys
just do this? Because? Am I not right in thinking
the National Party had promised a return of democracy at
the local government level? So why are you agonizing over this?
Just get over, get it over and done with.
Speaker 2 (02:47):
Oh we're not agonizing on it. I need to put it.
It needs to be changed in the Lord to make
it happen.
Speaker 3 (02:52):
Heither.
Speaker 2 (02:52):
Yeah, we did repeal the co governance under local Water
done well. I'm just saying I've got a bill on
the table. I'm getting some advice. I need to put
that with the cabinet process and get.
Speaker 3 (03:01):
This support from where should we tip it back with you?
Definitely open to it, I reckon probably in the next
month or so.
Speaker 2 (03:07):
It's going to take about that long in terms of
processes to work its way through the system.
Speaker 1 (03:11):
Okay, Now, does your bill on an unrelated matter or
a slightly related matter? I suppose does your bill before
Parliament give the council CEOs the power to decide what
information elected counselors can access.
Speaker 2 (03:25):
Yeah, I heard you talking to my good friends and
the Taxpayer Union last night on this. The short answer
is that the changes that I'm making does give the
power for people to get information that they previously have
been blocked from getting.
Speaker 3 (03:38):
That's a problem that these people have been blocked from
getting information. The changes in my law make it allowable
that they can get that information.
Speaker 2 (03:46):
And if a pushback, they also have another an escalation mechanism.
So I think what was being talked about last night
wasn't quite on the button.
Speaker 1 (03:55):
Okay, why don't we read it to here? So this is
what the Union says. Local Government Minister sign And Watts
has failed to grasp the nettle. Instead of fixing this imbalance,
he currently has a bill before Parliament that places the
decision of what information counselors can access first and foremost
in the hands of council CEOs. Is that wrong?
Speaker 2 (04:14):
It is, yet I've told them that the reality is more.
Speaker 1 (04:17):
What is wrong with that?
Speaker 2 (04:20):
Well, my bill will actually give the powers to the
individual who wants the information to be able to demand
that information.
Speaker 1 (04:26):
And then what if they're not given that information?
Speaker 2 (04:29):
Well, there's an escalation process which they can go to
the governing body. But short answer is the current process
at the moment where they can't get it. Under my
rule they will be able to get it.
Speaker 1 (04:40):
Who's the government, who's the governing body?
Speaker 3 (04:44):
That's the entire council.
Speaker 1 (04:46):
But hold on, it's the council who wants the information.
So the council goes to the CEO, wants the information,
as told, they can't have the information, so they have
to go back to themselves.
Speaker 3 (04:55):
Yes, that's the way councils work either.
Speaker 1 (04:57):
And then what happens so the council, so the the
council wants the information, goes to the CEO, asks the information.
As told, Nos, they go back to themselves. And what
do they then do?
Speaker 2 (05:06):
Yeah, well the council will approve it or not.
Speaker 3 (05:09):
The devils in the details.
Speaker 2 (05:11):
Sometimes this can be commercially, you know, commercial contracts. There
are some legal aspects around that, but the point is
if people want information, they should be able to get
it and they should not be blocked by the CEO
of a council.
Speaker 3 (05:23):
That's what I'm changing in the law.
Speaker 1 (05:25):
For more from Heather Duplessy Allen Drive, Listen live to
news talks. They'd be from four pm weekdays, or follow
the podcast on iHeartRadio.
Yeah, good a, Heather, I'm very well, thank you. Would
you support this law change stripping the unelected counselors of
their voting rights?
Speaker 2 (00:09):
Well, look, from our first principal's point of view, I
do find it pretty challenging that people who aren't democratically
elected are able to make decisions.
Speaker 3 (00:17):
Around the council table.
Speaker 2 (00:18):
I've actually sought some advice from my officials around us
and I'm going to get that back. I think of
what I'm seeing in the Far North, it would be
fair to say it's been pretty messy. And while I
don't have jurisdiction under the Local Government Act to sort
of step in, I am wanting to get a bit
more information around these voting rights. You know, democracy says
(00:40):
if you're voted in, then you have the power. If
you're not voted in, then you shouldn't be making decisions
on spending rate payer money. So that's where I stand
on it, and I'm going to take some advice next
week and talk with my cabinet colleagues and go from there.
But we do have a mechanism to make those changes
through the Local Government Bill that I've got on the
table at the moment. So if it makes sense, then
(01:01):
I'm open to that.
Speaker 1 (01:01):
Okay, So you would amend the bill potentially.
Speaker 2 (01:05):
If my cabinet colleagues and support me on that, Okay,
I'm pretty open to that.
Speaker 1 (01:11):
I should actually have asked this at the outset. How
do you feel about Far North's District Council having a
committee where six people are elected and ten people are unelected?
EWI members, are you cool about that?
Speaker 3 (01:23):
Look, my guts is a bit uncomfortable with that. Why
be fair to say hither? Well?
Speaker 2 (01:29):
Because the point that I said before is that you know,
individuals that aren't democratically elected are making calls on how
you spend rate payer money. Doesn't sit well with me,
and I don't think it probably sits well with too
many people. So but that's the law as it stands.
And you know, we may changes around getting rid of
the co governance and all that, but local government do
(01:51):
set these rules. But at the end of the day,
I'm taking a look at it and I want to
make sure it's fit for purpose.
Speaker 1 (01:57):
Okay, So would you? So when you go to the officials,
you talk to the officials, and you talk to your cabinet,
is one of your considerations doing what actors promised to
do with the election and stripping these voting rights so
that these guys actually just bugger off the councils.
Speaker 3 (02:11):
Yes, it is.
Speaker 2 (02:12):
It'd be fair to say. Look, X got some ideas,
a lot of people with these ideas. Grant McCullum up
North's been pretty keen advocate around this type of stuff
as well, and it's something that we have looked at
through the Local Water done well reforms that I lead
as well. So look, it's all related. Short answer is
you know I have been focused on the fuel stuff
and advertise on it.
Speaker 1 (02:35):
Why don't you just do it? Why don't you guys
just do this? Because? Am I not right in thinking
the National Party had promised a return of democracy at
the local government level? So why are you agonizing over this?
Just get over, get it over and done with.
Speaker 2 (02:47):
Oh we're not agonizing on it. I need to put it.
It needs to be changed in the Lord to make
it happen.
Speaker 3 (02:52):
Heither.
Speaker 2 (02:52):
Yeah, we did repeal the co governance under local Water
done well. I'm just saying I've got a bill on
the table. I'm getting some advice. I need to put
that with the cabinet process and get.
Speaker 3 (03:01):
This support from where should we tip it back with you?
Definitely open to it, I reckon probably in the next
month or so.
Speaker 2 (03:07):
It's going to take about that long in terms of
processes to work its way through the system.
Speaker 1 (03:11):
Okay, Now, does your bill on an unrelated matter or
a slightly related matter? I suppose does your bill before
Parliament give the council CEOs the power to decide what
information elected counselors can access.
Speaker 2 (03:25):
Yeah, I heard you talking to my good friends and
the Taxpayer Union last night on this. The short answer
is that the changes that I'm making does give the
power for people to get information that they previously have
been blocked from getting.
Speaker 3 (03:38):
That's a problem that these people have been blocked from
getting information. The changes in my law make it allowable
that they can get that information.
Speaker 2 (03:46):
And if a pushback, they also have another an escalation mechanism.
So I think what was being talked about last night
wasn't quite on the button.
Speaker 1 (03:55):
Okay, why don't we read it to here? So this is
what the Union says. Local Government Minister sign And Watts
has failed to grasp the nettle. Instead of fixing this imbalance,
he currently has a bill before Parliament that places the
decision of what information counselors can access first and foremost
in the hands of council CEOs. Is that wrong?
Speaker 2 (04:14):
It is, yet I've told them that the reality is more.
Speaker 1 (04:17):
What is wrong with that?
Speaker 2 (04:20):
Well, my bill will actually give the powers to the
individual who wants the information to be able to demand
that information.
Speaker 1 (04:26):
And then what if they're not given that information?
Speaker 2 (04:29):
Well, there's an escalation process which they can go to
the governing body. But short answer is the current process
at the moment where they can't get it. Under my
rule they will be able to get it.
Speaker 1 (04:40):
Who's the government, who's the governing body?
Speaker 3 (04:44):
That's the entire council.
Speaker 1 (04:46):
But hold on, it's the council who wants the information.
So the council goes to the CEO, wants the information,
as told, they can't have the information, so they have
to go back to themselves.
Speaker 3 (04:55):
Yes, that's the way councils work either.
Speaker 1 (04:57):
And then what happens so the council, so the the
council wants the information, goes to the CEO, asks the information.
As told, Nos, they go back to themselves. And what
do they then do?
Speaker 2 (05:06):
Yeah, well the council will approve it or not.
Speaker 3 (05:09):
The devils in the details.
Speaker 2 (05:11):
Sometimes this can be commercially, you know, commercial contracts. There
are some legal aspects around that, but the point is
if people want information, they should be able to get
it and they should not be blocked by the CEO
of a council.
Speaker 3 (05:23):
That's what I'm changing in the law.
Speaker 1 (05:25):
For more from Heather Duplessy Allen Drive, Listen live to
news talks. They'd be from four pm weekdays, or follow
the podcast on iHeartRadio.
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