Water Pressure Group NetNews

URGENT OPEN LETTER TO AUCKLAND CITY COUNCIL – Without prejudice
 

Dear Councillors,

The Water Pressure Group is writing to you as Councillors in support of one of our members, Ike Finau of 10 Warnock Street, Grey Lynn.  Our concern embraces a matter which, we understand, the Auckland City Council has not ever considered nor voted on.

Even had the previous Councillors made formal decisions regarding the matter, we consider the issue to be of sufficient magnitude to merit debate by the newly sworn-in Council.  In this way, a democratic process would ensure that city officials are acting in conformity with, and as instructed by, the people's elected representatives, rather than unilaterally.

Mr Finau has been served notice of an application for an injunction under section 683 of the Local Government Act 1974 by the Auckland City Council for the following orders :

1) Requiring the defendant to remove all the signs located at 10 Warnock St, Grey Lynn, Auckland,
Within 2 days of service of the Court’s order.

2) Restraining the defendant from erecting any further signs in breach of part 27 of the Auckland City Consolidated Bylaw 1998.

3) Requiring the defendant to pay the plaintiffs costs of this proceeding.
 

This case will be heard in the Auckland District Court at 10.00am Thurday 15 November 2001.

We have a number of important questions to ask you as the elected representatives of Auckland City  Council.

1.  Are you aware that this injunction has been served?

2.  Are you aware of the background?

We refer to pledges signed by Bruce Hucker 30/9/1998  and Penny Sefuiva 18/10/1998 which stated:

"I PLEDGE THAT:

Should I be elected as Mayor / Councillor to the Auckland City  Council:

I will actively work towards the swift dissolution of Metrowater Ltd  and its holding company, and I will vote for the return of Auckland's  water service to direct democratic control, answerable to  consumers via the Auckland City Council."
(Copies of these pledges are available for your perusal.)

City Vision pre-election material in 1998 stated the following policy  on Metrowater:

" A CITY VISION COUNCIL WILL:

* Abolish wastewater systems and user charges.
* Pay for wastewater services from the rating base.
* Reintegrate Metrowater into the Auckland City Council as a Stand Alone Business Unit (SABU).
* Indicate on rates bills the amount going into wastewater services
  to ensure accountable management of our resources
Are you aware that on June 26 2000, at a Combined Committees  meeting, that when Councillor Leadbeater moved by way of  Amendment to Resolution B:

"That the LATE (Local Authority Trading Enterprise) Metrowater  Limited be disbanded and its operations transferred to a SABU  (Stand Alone Business Unit) under the democratic control of the community through their elected representatives."

Penny Sefuiva voted against the amendment. The Chairperson declared the amendment LOST 5 vote to 12.
Councillor Hucker abstained from voting.

So, on 26 June 2000, Hucker and Sefuiva broke both their pledges  and City Vision policy by failing to support Maire Leadbeater's  amendment to disband Metrowater Ltd.

3. We understand that that on or about late June this year, Councillors Bruce Hucker & Penny Sefuiva     asked Auckland City officials to remove the signs because they thought them to be defamatory.
Is this true?

4. If these Councillors thought that the signs were defamatory, why was it that they never approached
Ike  Finau themselves, to discuss the matter with him?

5.  Are you as Councillors aware that the Hon Sandra Lee, Minister for Local Government, is following up the Ike Finau signs issue?   (See attached correspondence).
 In a letter sent by Scott McMurray (Mayoral Communications Manager) to Mr D. Rupa on 20 September 2001, he wrote:
 “The mayoral office has been advised today by the Prime Minister’s office that the Minister of Local Government will be reviewing your letter and responding directly to you or referring to an appropriate office.”
 The letter to which Scott McMurray referred was one sent by Mr D. Rupa to the Mayor of Auckland on 6 August 2001, where alleged violations of the Declaration of Human Rights  by Auckland City were listed, including:
 “Ike Finau being threatened under a by-law over his signs on his front lawn”.

6. Council Bylaw  27.5 has as its objective the restriction of commercial advertising in a residential area, and we believe it is being mis-used in an attempt to enforce political censorship. Since there has been no democratic process within Council, why are you allowing this apparent abuse of Council powers and unnecessary expenditure of ratepayers money?

 These are political protest signs, and  we believe that this is a political matter which should be decided by Councillors - not council officials.

Please do not underestimate the considerable public interest and concern this case has aroused - in Auckland City and further afield.  A member of the Council for Civil Liberties is assisting Mr Finau with this case, and the Human Rights Commission is keeping a watching brief.

We believe that certain council officials' actions to date, and this proposed legal action in the name of the Auckland City Council, violate Ike Finau's right to freedom of expression, which is supposed to be
Guaranteed to him as a citizen under the Universal Declaration of Human Rights.

We urge you to ensure that the Auckland City Council withdraws the application for an injunction , until Councillors can consider the matter at a full council meeting where appropriate deputations can be heard, and an outcome in keeping with democratic traditions, and honourable to all parties,
may be realised.

We look forward to an urgent reply from you.

Yours faithfully
 
 
 

Penny Bright
Media Spokesperson
On behalf of the Water Pressure Group
(Auckland)