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The Government’s decision to forge ahead with its Three Waters proposals despite widespread opposition from local councils has prompted Rodney Councillor Greg Sayers to seek a judicial review.
Cr Sayers says Local Government Minister Nanaia Mahuta has made a “deceitful” and “unforgivable U-turn” by removing a promised option for councils to opt in or opt out of the Three Waters reform process.
“This was because the vast majority of New Zealand councils, including Auckland, have kicked the whole idea into touch,” he says.
Cr Sayers says a judicial review can look at whether the Government acted fairly, followed correct procedures and acted within their powers.
He says such a review would require the majority of Auckland councillors to support it. Once this was done, other councils from around New Zealand could be invited to also lend their support.
“Ratepayers across Auckland should now rally and put pressure on the Mayor and other councillors to have a judicial review initiated. This is the only independent and legal option left available to ratepayers to appeal the reform,” he says.
Cr Sayers says he believes Auckland Council should continue to retain control of Watercare, which currently manages Auckland’s wastewater and drinking water supply. Watercare is governed by a board of directors, who are answerable to elected councillors, who are in turn answerable to ratepayers.
Cr Sayers further suggests Auckland Council could invite struggling northern councils to consolidate their water assets under Watercare’s management. Elected members of those northern councils could then have a seat on Watercare’s board. In this way, Watercare would become the overarching water controlling entity for the north, but still be accountable to ratepayers.
Meanwhile, Cr Sayers draws no comfort from the fact that the Government says that it will gather public feedback on Three Waters via the select committee process.
“Ordinary ratepayers will be intimidated by such a high level process. Ratepayers are being purposely manipulated from having a voice over assets they paid for and own,” he says.
“It is disgraceful behaviour from Minister Mahuta and it flies in the face of any Treaty-based principles.”
But in a statement released late last month, Ms Mahuta said the case for change is too compelling to ignore.
Accordingly, the Government would create four publicly owned entities to manage drinking water, stormwater and wastewater infrastructure throughout New Zealand.
“It is clear that without the establishment of these publicly-owned entities we will continue to see frail networks and contaminated water in many communities,” Ms Mahuta said.
“To delay will only push the problem on, increase future household costs and put livelihoods at risk.”
