KJL Support to Reinstate Client Council Members

KJL Support to Reinstate Client Council Members

21 February 2023

We have noted, with interest, the recent communique from the LGA, calling for urgent amendment to the Local Government Act 1999 (the Act), the effect of which would be to reinstate the 47 Elected Members who lost office on account of failing to submit their second campaign donations return.

We entirely concur with the sentiments expressed by the President, Dean Johnson. Indeed, they are sentiments that we have specifically discussed with him.

We delivered this very same message to the CEO of the LGA last Wednesday, when we recommended a ‘partnership’ approach to this unprecedented, sector wide issue. Our suggestion was (and remains) that there is a role for the LGA to play in supporting us to engage a Kings Counsel (KC) to assist with the original submissions to be made to the SACAT, seeking to restore not only those Members who had made application under section 54 of the Act, but in obtaining a judgement that might assist all former Members who had lost office. This proposition was borne of the recognition that a failure to restore the former Members to office would have a direct impact upon the affected councils, whether that was the ’countback’ election of a person who had not gained sufficient votes to be elected in November or the, potentially, significant costs of a supplementary election or elections or, even the holding of a vacancy and thereby ensuring there is less than optimum community representation.

It was, therefore, disappointing that we received a quick ‘no’ to our request, on account of the fact that the former Members no longer enjoyed office, meaning it was a personal/private matter for each. This clearly fails to take into account individual council and community impacts.

We applaud the position now taken by the President, recognising that not only are there immediate issues for the displaced Members, but also broader public policy considerations, in particular for affected councils. This includes concerns with the ECSA processes and procedures.

It is for these reasons, as well as the broader interests of our clients, that Kelledy Jones Lawyers has committed to meet the costs of engaging a KC, to assist in the representation of our clients, who are personally responsible for their legal fees.

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