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 .
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.
“The vote to close the Waikanae Recycling centre appears to have been totally invalid , for two
reasons and therefore not binding,” he says.
“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.”
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.”