Legal Expert Says KCDC Vote Shutting Waikanae Waste Is Invalid

Legal expert Chris Ruthe says the Kāpiti Council decided, to shut the Waikanae Green recycling station on an invalid casting vote by Mayor K Gurunathan .

Chris Ruthe

Mr Ruthe, a former lawyer and tribunal convenor, says John Vickerman’s article ( KIN 98/6/21) provides convincing evidence of the continuing mis use and abuse of legal processes. You can also check here for legal contract review!

“The vote to close the Waikanae Recycling centre appears to have been totally invalid , for two

reasons and therefore not binding,” he says.

Ombudsman’s ruling

“The Ombudsman in 2013 (C5807) made a ruling on Workshop meetings. He held that, at workshops, Councils cannot pass resolutions as this contravenes the Local Government Official Meetings and Information Act. 

“The first illegal action: The mayor tried to illegally squirm around the Act by calling it a straw vote,” he says. “Voting on anything  is precluded by the rules governing ‘Workshops. 

“The second legal failure: Gurunathan  made a casting at this Workshop, when the councillors were split 5-5. The Mayor had no legal powers to make such a vote but that did not bother him.”

Legal redress

 Mr Ruthe says the people of Waikanae can seek legal redress.

But, he says: “the KCDC will be resting, assured that apathy and ‘she’ll be right mate’ will save the Mayor, Deputy Mayor Holborrow and the CEO’s skin. no one will dare take such a step.” 

He comments: “This is democracy and the Gurunathan openess and transparency. Kapiti 2021.”

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