IN THE MATTER OF an election for the
Office of Councillors for the Auckland City
Council held on the 13th October 2001

BRIEF OF EVIDENCE OF DAVID HAY IN RELATION TO PETITION FOR INQUIRY

I, DAVID HAY of 25 Himilaya  Crescent, Lynfield, Auckland, Company
Director, do solemnly and sincerely  swear as follows

1       Along with my colleagues referred to below, I was a candidate for the Avondale
Roskill ward for the Auckland City Council at the 2001 election under the affiliation
of the political party known as 'Auckland Citizens & Ratepayers Now' (ACRN).

2      I speak also on behalf of the other ACRN candidates for the Avondale Roskill
Ward named in the Petition, namely, Graeme Mulholland Noeline Raffills and Paul
Forlong. Of the four, myself, Noeline Raffills and Graeme Mulholland were
successful in being elected to the Council. I am Deputy Mayor of Auckland City.

3      ACRN was a Joint Venture for the purposes of the 2001 election for the Auckland
City Council  between Auckland Citizens & Ratepayers Inc and Auckland Now Inc.
These two parties; independently contested the 1998 Auckland City Council Election.
In the 1998 election, I stood under the banner of Auckland Citizens & Ratepayers and
not under that of Auckland Now. Accordingly, 1 am in no way responsible for nor am
I bound by statements made by or on behalf of Auckland Now at that election. My
colleagues did not contest the l998 election for Council.

4      I attach a copy of the ACRN policy on water and wastewater for the 2001 election
marked 'A'. You will see that, in relation to water, it indicates the policy that 'Pipes
and reticulation assets must be publicly owned'.

5      I attach a copy of the handbill referred to in para 2(e) of the Petition marked ‘B
 and signed by the four ACRN  candidates for Avondale Roskill. By stating in the
                    handbill that the four ACRN candidates for Avondale Roskill

'have never and will never support privatisation of water and sewerage assets' we
were restating the policy in the ACRN Policy Statement which says that pipes and
reticulation assets must be publicly owned.

6      Privatisation means that the assets or a majority interest therein formally owned
by the public will be sold into private ownership. This is inconsistent with retaining
public ownership. That is the normal meaning of the term and the meaning as it was
used in the handbill.

7      I also believe that based on' my experience in local government of 19 years and
my experience as a company director this use of the term privatisation accords with
the public's perception of that term.

8       I have been consistent over the years in opposing privatisation of the City's water
and wastewater.

10      The ACRN policy would not preclude an arrangement of the kind adopted by the
Papakura District Council which was an agreement to operate the system for a given number
of years in circumstances where the ownership of the assets was retained by Papakura District
Council, but in my view that policy is not appropriate either and I would not support it.
11      I deny absolutely the allegation that, in sending out the handbill, I and my
colleagues were in any way trying wrongfully to induce electors to vote for us or for ACRN.

12 The Petitioners are a group known as the Water Pressure Group which protests
against the setting up of the LATE owned by the Auckland City Council, namely,
Metrowater and the separate charging for water. I was Deputy Mayor of the Auckland
Council at the time it was set up. Penny Bright, one of the Group, has stood for Council against Auckland Citizens & Ratepayers candidates and is a political opponent as are all of the Group.

13      Five of the ten Petitioners reside in the Avondale Roskill ward, one resides in Eden Albert ward and four reside in Westem Bays ward. In other words, nothing said in the handbill could have influenced or induced five of them to vote for the four ACRN candidates in Avondale Roskill at the election.
 
 

Brief of evidence - The Water Pressure Group
Brief of evidence  - Maurice Chatfield
Brief of evidence -  David Hay
Brief of evidence -  Angus Ogilvie
Judgement from Judge FWM McElrea