McCully not the Supreme Commander
Dean Knight at Laws179 blogs on the legal situation around the waterfront:
Much has been made of Murray McCully’s so-called “nationalisation” of the waterfront for RWC party central, through the exercise of reserve powers under the special legislation for the Rugby World Cup.The legal position is, however, very different. While some regulatory approvals for standard event-based activities may be fast-tracked through a special process under the RWC 2011 (Empowering) Act, the RWC Act does not give the Minister the ability to “take control” of the waterfront. The Minister’s statutory role is reactive only, namely, considering applications made to and assessed by the independent RWC Authority. Any ability for the government to “take the lead” on the party central activities must have been garnered collaboratively, and does not come from the exercise of power under the RWC Act.In any event, the applications presently being made urgently are conjoint applications from the Ministry of Economic Development and the Auckland Council’s events team. These applications were, I understand, in the process of being prepared collaboratively before the Minister’s announcement. And the fast-tracked approvals currently being sort are largely mundane. …The legislation also provided for an even more expedited process “in circumstances of urgency that, for good reason, were not foreseen”. A higher threshold was required (necessary to “secure public safety”, to “avoid seriously compromising” the RWC, or to “provide support for” RWC organisers).A different, and more expedited, process was provided for. Rather than being determined by the RWC Authority, the RWC Authority only assesses the application and makes an recommendation to the Minister for the RWC. There is no obligation to subject the application to a participatory process.The decision about whether the approval should be granted then falls to the Minister for the RWC. He must consult the Minister for Economic Development and other relevant Ministers. He must take account of (but is not bound by) the recommendation of the RWC Authority. His decision is final.That’s all. They are the only “special” powers under the RWC Act. The Act does not provide any power to assume control over or nationalise events. The Minister’s role is reactive, as ultimate decision-maker, once an urgent application is made. And then only after the independent RWC Authority has scrutinised it.
That’s a very useful clarification on what is happening. So the waterfront is still a joint management exercise between the Government and the Auckland Council. But McCully will be approving various applications under his special powers.
Dean also raises the issue of whether the Minister is conflicted as the decision maker, as he is also the proponent of the changes. It’s an interesting academic argument but I doubt anyone would be silly enough to try and have a judicial review of the applications.
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Tags: Auckland Council, Dean Knight, Murray McCully, Rigby World Cup
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September 15th, 2011 at 12:10 pm
I am not sure the Minister for the RWC saw it as clearly as this. He did have a rush of blood to the head. He did trample over Len Brown though he has later apologized for it.
September 15th, 2011 at 12:13 pm
“He did trample over Len Brown though he has later apologized for it”
And that’s a problem why?
September 15th, 2011 at 12:21 pm
So McCully has given the country that appearance that the buck now stops with the government alone, yet it doesn’t. Seems like an even dumber move than it first appeared to be.
September 15th, 2011 at 12:29 pm
>He did have a rush of blood to the head.
Not sure which head, though.
September 15th, 2011 at 12:30 pm
Actually, what McCully apologised to Brown for was thinking Brown was in the loop via his CEO when apparently Brown’s CEO wasn’t keeping the mayor fully appraised of matters being developed with MED at all.
September 15th, 2011 at 12:58 pm
smttc>Actually, what McCully apologised to Brown for was thinking Brown was in the loop via his CEO when apparently Brown’s CEO wasn’t keeping the mayor fully appraised of matters being developed with MED at all.
That has to sting. The CEO was aware that because of Brown’s poor performance, the government were going to step in and manage the council’s operations. But the CEO didn’t think to notify Brown! Presumably he thinks Brown’s skills are limited to embarrasing rapping, monkey dancing, and head slapping, and it would be better off not confusing him with anything to do with running a city.
September 15th, 2011 at 1:00 pm
That’s a very useful clarification on what is happening.
But not one that McCully was apparently capable of articulating at the time.
Any lack of clarity over what McCully can and cannot do arises with his own annoucements. He is responsible for the current shambles over the government’s response to the original shambles (which as RWC minister is his responsibility too).
September 15th, 2011 at 1:22 pm
Was not Brown’s Chief of Staff acquainted with the decision by Council CEO well before McCully’s announcement ?
September 15th, 2011 at 1:33 pm
Paulus, Brown says he was not given a heads up by the govt that the announcement by McCully was coming. McCully says he thought Brown’s own people would be keeping him in the loop over the discussions between the Council CEO and Neville Harris of MED and that, in hindsight given this was not the case, he probably should havce rung Brown to let him know and that subsequently he had apologised to Brown for not calling him in advance to advise him of the impending announcement.
September 15th, 2011 at 1:37 pm
given this was not the case
September 15th, 2011 at 1:53 pm
I think DPF said it was a ballsy move by McCully. Seems it was double ballsy: not only is McCully banking on no more disruption, he’s betting the council will overlook his lack of authority under the law. At least until the tournament is over. There is, however, the minor issue of an election after that, and Labour and most of Auckland Council will be playing this for all its worth after October 23. Auckland officials may have ceded responsibility rather than had it taken, even if Brown wasn’t called first.
September 15th, 2011 at 2:22 pm
So does this mean McCully doesn’t get to be taken to the RWC final on a pyramid pulled by a thousand slaves, and then rule on whether the losing team gets to live, or be fed to lions?
He’ll be so disappointed…
September 15th, 2011 at 2:24 pm
The Minister should not assume officials are keeping Mayor Len in the loop. It would have been better if the Minister informed the Mayor of what he was up to and why and then let officials sort through the details. There is nothing to be gained by giving the impression of being disrespectful of the Mayor. He does speak for Auckland – and ignore him at your peril. But I think the Minister has recovered his position – just.
September 15th, 2011 at 2:41 pm
tvb says: “There is nothing to be gained by giving the impression of being disrespectful of the Mayor. He does speak for Auckland – and ignore him at your peril…”
Mayor Len Brown is a total embarrassment. When the sh*t hit the fan / McCully stepped in, NewstalkZB tried for a day to contact him (Brown is a media slut who adores being in the headlines / on the TV / in front of a microphone) and yet NewstalkZB couldn’t get any calls returned from Brown. So what happens? Brown asks his deputy Penny Hulse to front the radio. And she was roasted when she tried to suggest this whole fiasco was created by the Government because they were only 10 weeks out from an election. A pathetic response from a desperate local body politico under pressure.
Some people conveniently forget that McCully doesn’t run the trains in Auckland. Nor Wellington. Nor Hamilton. That responsibility rests with the local Council (despite the considerable central Government subsidies). The buck has to stop with the local Councils and in the case of Len Brown, he was found wanting. He was ‘in da house’ but not ‘in da loop’ at a time when he should have been ready to implement contingencies within his own City.
G*d help us if we ever have a natural disaster in Auckland – there is no leadership here at all. At least Banksie (warts and all) would have had a Plan ‘B’ and Plan ‘C’ etc. But not Len…..
September 15th, 2011 at 4:13 pm
“Some people conveniently forget that McCully doesn’t run the trains in Auckland. Nor Wellington. Nor Hamilton. That responsibility rests with the local Council (despite the considerable central Government subsidies). ”
Not true.
Auckland rail is run by Veolia Railways, an international company. They are contracted by the Auckland Transport Agency, of which FIVE of their seven Board Directors are government appointees. Here y’go, educate yourself:
“Auckland Transport’s activities are directed and guided at a strategic level by the board of directors:
*
Five directors are appointed by the government to the board of Auckland Transport and will serve a term of one to three years with none serving longer than three years. ”
http://www.aucklandtransport.govt.nz/about-us/board-members/Pages/default.aspx
As for the police; they report to the Commissioner, who in turn is answerable to the Minister of Police.
As for Queens wharf “Party Central” – remember who wanted to cram 12,000 people into that little strip of wharf? John Key.
Funny thing. You Nat/ACT supporters are terriobly big on PERSONAL RESPONSIBILITY. Yet, when your government stuffs up – it’s someone elses’ fault.
September 15th, 2011 at 7:00 pm
Well stated Francis_X.
Re the last para in the original post:
“Dean also raises the issue of whether the Minister is conflicted as the decision maker, as he is also the proponent of the changes. It’s an interesting academic argument but I doubt anyone would be silly enough to try and have a judicial review of the applications.”
That’s exactly the reason why we should NOT have such all empowering legislation – too much power in too few hands.
September 15th, 2011 at 7:17 pm
Outside of Auckland who really gives a toss?
That you can’t run a party is already well known.
That you can’t run trains is also well known.
That you can’t play rugby goes without saying.
That Auckland is a blight on NZ is true as well.
That your politics and most things encompassed by the politics is a disaster has been the case for years.
You get given a chance to put all that right and guess what.
Auckland cocks that up as well.
One concludes that Auckland is a disaster zone waiting for a disaster.
Something for Johnkey to extend his photo ops.
September 15th, 2011 at 8:55 pm
I have always thought of Murray McCully to be the dark prince of the National Party and NZ politics, ( not sure who first called him that but possibly Chris Trotter ), I had a chat with him today at the Auckland International Boat Show, he came onto our stand and told us that the government was going to sort out the foreign charter fishing vessels fleet problems and then told us that they were also going to sort out illegal, unmonitered and unreported fishing in the Ross Sea.
I was initially worried because the guy working the stand with me was a union representative in a previous life and I thought he might have been going to have a crack at McCully, shit I had to laugh when as McCully was about to leave he said when are you going to sort out our left wing council. McCully of course just laughed and made no comment.
My first observation after he left was to my mate on the stand who told me he had only stood as a union delegate because he was sick of the communists who controlled the union and he always votes National he was astonished when I told him I have always voted Labour with costituencie votes. ( I have voted tactically with my party vote in the past to try and get a Labour administration somethig I will not do at the moment because until Labour renew and I see a new front bench they will get my support as individuals not as a party).
My next reflection was McCully was not what I expected. I was impressed he dodged only the question on sorting out the left wing council, and he told us the government had had enough of illegal fishing and was going to do something about, he gave me a figure of 5 Million per boat is lost to our economy.
” All the world will be your enemy, Prince of a Thousand enemies. And when they catch you, they will kill you. But first they must catch you; digger, listener, runner, Prince with the swift warning. Be cunning, and full of tricks, and your people will never be destroyed. ”
I expected to bite my tounge and divert a friend, but I liked him, if this government do what he said then the electorate will like them. The Prince is not a rabbit and having met him he is not my enemie rather my friend.