Opinion - Once again, the local government's workshop culture is under scrutiny after a disgruntled Rotorua ratepayer launched a bid to open the doors on his district's councils.
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Bay Of Plenty businessman Justin Adams complained with the national Ombudsman over Rotorua Lakes District Councils' (RLDC) tendency to hold closed-door get-togethers.
Adams wrote to the government watchdog, calling RLDC's catchups an "intellectual sleight of hand to avoid legal, legitimate public scrutiny".
The Ombudsman's office confirmed receipt of Adams' letter last week.
Oonagh Hopkins, a senior manager at RLDC, told Local Democracy Reporting that information in workshops "formed the basis for the information reported and presented at formal meetings that were open to the public."
Adams contacted the Ombudsman after his district council held 23 public-excluded workshops and forums in 2020.
Across the country, 737 closed-off meetings were held by 31 councils.
Over the same period, South Wairarapa's council held 33 workshops. Carterton's council 29, and Masterton's 19.
There is no easily accessible information on discussions.
Minutes, if available, would only be obtained through the laborious LGOIMA process and its 20-day period of limbo.
And that may not even be granted.
Of course, interest in attending may vary. With some rare exceptions, most people attending public meetings are paid to be there.
But a growing feeling remains that the open debates are for show, and the decisions are made behind closed doors.
Such quasi-decision is unlawful.
In a 2003 decision, the chief Ombudsman's office ruled that workshops could not be considered meetings.
In a report, the Ombudsman said an unnamed territorial authority took a contract decision for its District Plan at a 'workshop'.
No record was kept of the decision, and the decision to contract out was the subject of a complaint.
That complaint was upheld.
Local government expert Mike Reid said such instances were rare, but "it's pretty simple, it's ultra-vires, against the law".
"It's vitally important, democratic point of view, that citizens can see the debates that go into decisions."
Hamilton City Council opened up workshops to the public in 2016, a rare example of an open door policy.
Horowhenua's councillors have broadcast some of their recent workshops on Facebook.
Wairarapa councils are adamant decisions are not made behind closed doors.
Angela Jane, Masterton District Council's manager strategic planning, decision-making occurs at publicly notified meetings, "where full reports are available, with the exception of matters discussed in public-excluded.
"We reference workshop discussions in our reports to prompt councillors to recall background information already provided and provide a timeline of the information they have received."
South Wairarapa's Mayor Alex Beijen campaigned on a transparency ticket in 2019.
He said as much as he would like to remove workshops, "they fulfil an important function".
They allow councillors "to ask questions and request information and clarification on issues that would otherwise lead to Committee and Council meetings extending into days, and cause decision making to be delayed while Officers clarify questions that otherwise would be raised at workshops".
Perhaps it is time to remove any doubt and either open the doors, as seen elsewhere or make the minutes public.
These moves would remove any lingering suspicions, no matter how unfounded they may be.
Local Democracy Reporting is a public interest news service supported by RNZ, the News Publishers' Association and NZ On Air.
