I led a group of representatives of the Brook Valley Community Group who were refused a hearing by Nelson City Mayor Rachel Reece at today’s “Public Forum”.
https://m.facebook.com/story.php?story_fbid=590325888189852&id=100016373387581&sfnsn=mo
The Brook community requested a speaking slot in the public forum last week, but were told this morning that a decision had been made that it was more appropriate for the group to be heard by a sub-committee led by an independent consultant.
The Mayor claimed council powers had been delegated. I explained that delegating powers does not exonerate the responsible decision maker and the community wanted to engage with the full council, because their submission was about community wellbeing and democracy. The council had been elected to represent the people of Nelson and it was their duty to hear the views of the people.
https://m.facebook.com/story.php?story_fbid=590318171523957&id=100016373387581
The issue is the Council’s decision to apply to wind up the Brook Valley Community Group because they are unable to pay the court costs awarded for their attempt to stop the aerial poisoning of the Brook Sanctuary with Brodifacoum cereal baits.
The background to the Brook Valley poison case
Before the poisoning, the community raised many concerns challenging the privatisation and fencing of a public reserve, the non financial viability of the Brook Waimarama Sanctuary Trust, the instability of its fence, its undermining of the historic Dun Mountain Trail, the risk to the community, wildlife and ecosystems from brodifacoum poison, the excessive amount of poison used (32kg/ha) and the serial “goalpost changing” during the process culminating in former Minister Nick Smith passing amended RM Exemption Regulations to circumvent 44 conditions of consent imposed by an independent commission intended to avoid, remedy or mitigate effects of the aerial poisoning.
The court challenge exposed that the Minister had relied on an expired Code for Brodifacoum poison and an incoherent statutory regime that none of the responsible authorities appears to understand let alone enforce. The combined effect undermined democracy and important expectations of community engagement and public confidence in the rule of law.
Why is our government poisoning our ecosystems and foodchain?
Brodifacoum is the same rat bait that killed four tuatara at Natureland zoo, which is also funded by Nelson City Council.
The first Natureland tuatara was poisoned by eating a poison contaminated insect before the aerial poisoning of the 711 hectare Brook Sanctuary. Contamination of ecosystems, secondary kill and the bio-accumulative nature of brodifacoum were amongst the many concerns raised by Brook community representatives who tried to stop the drop.
The use of Brodifacoum is prohibited or severely restricted in many countries. DOC has stringent restrictions on the use of Brodifacoum due to its bio-accumulative effects and the cruel slow death it causes. Even the former pro-poison Parliamentary Commissioner expressed reservations about brodifacoum.
Since the four recent tuatara deaths in Nelson’s Natureland zoo, the EPA has agreed to review the use of brodifacoum in New Zealand, but this is too late to address residual harm from the 32kg/ha of poison baits spread in the once Class A waters of the former Brook water Reservoir catchment.
| Brodifacoum | Brodifacoum is a vertebrate toxic agent (VTA) targeting mainly rodents and possums. It is used in both domestic and commercial settings. It is categorised in Priority Group B on the basis of its high scoring both for human health risk and the environmental risk. Availability for home use and concern over persistence were contributing factors. |
Published research confirms a wide range of protected wildlife has been poisoned by brodifacoum in the past and much of the risk to other species has not been properly assessed.
https://www.doc.govt.nz/documents/science-and-technical/dsis143.pdf
“Toxicity and residues of brodifacoum in snails and earthworms
L.H. Booth, P. Fisher, V. Heppelthwaite and C.T. Eason
Landcare Research, PO Box 69, Lincoln 8152, New Zealand
ABSTRACT
A paucity of data regarding the effects of the vertebrate pesticide brodifacoum on soft-bodied invertebrates was addressed by laboratory evaluations of the toxicity and occurrence of residues of this anticoagulant in snails and earthworms. Brodifacoum was toxic to pasture earthworms at 500 and 1000 mg a.i./kg soil. These concentrations are higher than those likely to be found in the field following aerial application of Talon® baits; however, it is unknown what soil concentrations of brodifacoum may result from field applications in bait stations. We observed common garden snails feeding on cereal pellet baits containing brodifacoum, but no mortality was linked to exposure. Primary poisoning of native Powelliphanta snails by cereal brodifacoum bait is considered unlikely. The potential for secondary poisoning of these snails through consumption of invertebrates that have consumed brodifacoum should be further investigated”
For a summary of some of the legal challenges the Brook Valley experienced see:
Why is “our Council” trying to close down an important community voice?
The current issue is the council’s decision to try to wind up the Brook Valley Community Group due to its inability to pay court costs awarded to the council. The group is otherwise well managed and has no debts apart from court costs. The Brook Sanctuary appears to have already received insurance cover for its court costs.
Throughout the proceedings the Brook Valley proceedings which went from the High Court via the Court of Appeal to the Supreme Court, it was made clear that the Brook Valley community had very limited funds. The court and many court Registrars recognised the public interest of the Brook Valley case and that the community was unable to pay usual court filing fees or the full amount of security for costs and agreed the case should proceed.
http://www.nzlii.org/cgi-bin/sinodisp/nz/cases/NZCA/2017/438.html?query=brook%20valley
The importance of access to justice for all, is one of the long identified concerns with our justice system. Chief Justice Winkelmann wrote an important speech on this several years ago.
The role and duties of council
The council is elected by Nelson residents to represent them. The Local Government Act requires community engagement. It was amended last year to explicitly require councils to promote community wellbeing.
http://www.legislation.govt.nz/act/public/2019/0017/latest/whole.html
Democracy is eroding in New Zealand and around the world. The public are slowly realising that many elected representatives and public servants have become disconnected from the communities they represent and have little awareness of their public law duties. The public are also poorly educated on their rights and responsibilities to maintain an effective democracy. The machinery of government is in disarray. There is rarely accountability for decisions.
If we want to retain even a semblance of democracy, community engagement and infromed represntation must be put before bean-counting. The Nelson City Council and other Councils have both duties and choices. They can only make informed decisions if they engage with the public they represent. No just the wealthy, but the poorer communities too. The Brook Valley Community Group should be celebrated and supported by the Council for its efforts to represent its citizens. It should be encouraged, not destroyed.
People power
I am becoming increasingly frustrated working from the outside and constantly facing barriers to access public information and be heard. My focus is now shifting to politics. I was recently appointed as co-leader of the NZ Outdoors Party. Its vision is promote community and environmental wellbeing and democracy so we can create a thriving country for our children and our children’s children . We are shoulder tapping real people (not career politicians) who are expert in their field and have a proven history of walking to walk (not just talking the talk). If you know anyone with these attributes who has the courage to make a stand for our future, please let us know and encourage them to join us.
www.outdoorsparty.co.nz.
Its amazing how rapidly like minded individuals and communities find each other when the need arises. Lets see if we can assemble enough momentum in the next few months to give people power a voice in Wellington so we can – in the words of like minded overseas colleagues “Keep the Bastards Honest”.
Meanwhile, reviewing Local Government and the adequacy of mechanisms to hold them to account have just moved higher in my priorities. Surely any decisions should be well informed by an array of interests and be made to promote the public interest. Hey we live here- please ASK US FIRST!
The submission that the Nelson Council refused to hear is below:
PUBLIC SUBMISSION TO NELSON CITY COUNCIL FOR COUNCIL HEARING 13 Feb 2020
MORATORIUM ON RELEASE TO 10am Thursday 13 February
By Sue Grey LLB(Hons), BSc, RSHDipPHI for Brook Valley Community Group Inc
I appear to raise council’s awareness about conflict between its obligation under the Local Government Act. The council has statutory duties to promote community well-being and engage with communities. Its recent actions in choosing to try to terminate a community group which has a long history of representing community interests in one of the lower socio economic parts of Nelson- the Brook Valley Community Group – are in conflict with these duties.
The BVCG has a long history of constructive and responsible advocacy for the Brook community. A schedule is attached
BCVG’s represents the views of local and often elderly citizens who would not otherwise be heard. That is why hearing its views is so important.
BVCG raised ongoing concerns about the reclassification, privatisation, fencing, locking, poisoning, ongoing subsidisation with substantial public funds[1] and now charging for access[2] to the former Nelson water reservoir known as the Brook sanctuary.
The Brook Sanctuary has been a massive white elephant that has blocked free community access to a once much loved public reserve, divided the community, reduced its former role in education and undermined democracy and community engagement.
The community raised legitimate concerns- many of which have been proven correct- including the instability of the land for a predator proof fence, the undermining and long term disruption of the historic Dunn Mountain Trial, the inevitable poisoning of native species such as ruru and weka and secondary bykill from the brodifacoum poison (which simultaneously killed 4 tuatara at Natureland)[3] and the lack of financial viability of the project despite the peppercorn rental for the public land and multi-million dollar and considerable injections of ratepayer and other public funds.
The community challenged some of the decisions through the courts, to the highest level. The court recognised the importance of access to justice despite the community’s disclosed lack of funds, reducing security for costs[4] and waiving court fees.
Now council staff seek to liquidate Brook Valley and close down its voice.
I’m here to ask for two things:
- A transparent inquiry and report on what the Nelson Council has learned from the Brook Sanctuary project and what actions will be taken in future to better protect the public access to public land, its use of ratepayer funds and its engagement with affected persons who have legitimate concerns;
- 2. An agreement that consultation, community engagement and community wellbeing must take priority over the discretionary debt collecting functions of the council- with the council walking the walk and withdrawing its action seeking to wind up the BVCG.
[1]https://www.stuff.co.nz/environment/113274413/natureland-and-brook-sanctuary-miss-out-on-council-funding-bids “We’re acting today as though we’ve got money to burn, well I want to report to you that this council has no money, it’s got no money it’s ratepayers’ money, and people are struggling.”
Walker said the sanctuary would “never” be self-sustaining financially.
“We currently give them $150,000 per year, and they still want another 50. The sanctuary will always remain a bucket with no bottom as far as the ratepayers are concerned.”
[2] http://nelsonweekly.co.nz/2020/01/brook-sanctuary-confirms-entry-charges/
[3] https://www.stuff.co.nz/environment/113989565/picture-of-poisoned-blue-cockroach-watershed-moment-in-tuatara-deaths
[4] http://www.nzlii.org/cgi-bin/sinodisp/nz/cases/NZCA/2017/438.html?query=brook%20valley
What a sorry state of affairs…….& what a sorry excuse for a publically elected, democratic institution – paid for by the people of Nelson, this self-important, high handed Council is proving increasingly to actually be…..
Thank god for Sue Grey….& for small numbers of committed people, prepared to stand up to this cowardly bullying – officials, hiding behind “protocols” & snide little machinations to enforce their purile wee agendas…..in preference to doing their damned jobs
As you rightly point out Sue, local councils are out of control and I would hope that when you get elected that you will initiate a Royal Commission into Local Government
Thanks David
Since posting this today I have already been made aware of three more concerning incidents of Nelson Council blocking democracy, in some diverse issues with three different groups of citizens. Taxation without accountability and lack of respect for communities views and values seems to have become a very serious and widespread problem- at both local and central government issue, so yes I support an independent and competent inquiry into local government.
If anyone has good examples of councils engaging with communities to share please let me know as I’m keen to understand what is possible and how best to achieve this.
Don’t look at Kaikoura District Council Sue – they just got over $11 million dollars of Provincial Growth Fund money without even letting us know what they are going to do with it…discussed their application and plans in Public Excluded. Still waiting for a reply to my OIA about it.
I would love to help out & be involved in anything that takes the council to task over their underhand actions…..but 8n particular, any thing to support the Ban 1080 campaign. This country should be ashamed of themselves for continuing to poison NZ. IT IS CRIMINAL AT BEST & IT HAS GOT TO BE STOPPED…..
You have no mandate to speak on behalf of Brook Valley. Stop spreading ill informed hysteria and pay the money that BVCG owes the sanctuary and the ratepayers of Nelson. Stop the vandalism and the bullying and abuse of sanctuary volunteers
Thanks Sue Grey for continuing the fight agains corruption in local bodies.
I am reminded by the above of the Horewhenua district council forming a trust of councillors and then selling themselves council land and housing cheaply while denying the mayor any information or say in the processes.
Plus many other things ignoring anything the public had to say.
Keep up the good fight there are many of us right behind you.
About the only council that I know that has the welfare of its people in the forefront is the Invercargill district council.
Kia ora tatou. The Brook Valley Community Group just wants justice we’re not getting. It has been a horrible experience encountering and then combatting those whose values are so other than our own. Let us be clear. We are right and they are wrong. We have had to dig deep. Sue has been invaluable. We have forged enduring friendships.
Their focus is always on the money. The neoliberal programme is to remove public input, and they are all at it. You know that. There can be no justice when finance governs access. It adds up to a matter of civics. So what do we do?
We carry on, so we do. Stress I could heartily wish out of my life is a spice to the flavour of fighting the good fight in the company of friends. They cannot defeat us without our consent, and that they shall not have.
Sue, I agree Councils’ in general are out of control which especially includes their spending. Hamilton Residents & Ratepayers Assn Inc. have said of Hamilton City Council “it is not a revenue problem it’s a spending problem”. With the Mangawhai Ratepayers (Far North) problem created by a sewerage reticulation scheme they did not want for approx. 1500 ratepayers they were indebted to this scheme for $17m which rose to $72m. After fighting in the courts, including going through a Judicial Review, seeking help from the Ombudsman and Attorney General -exhausting all channels the judges all agreed that the debt was “unlawful” but the Ratepayers received no remedy. This leaves ALL RATEPAYERS in NZ a strong message that no council is “accountable” for any debt they force upon ratepayers which includes folk who rent (they pay the landlord rates via their rent). So, in November of 2018 we held an inaugural National Ratepayers conference in Nelson and in March of 2019 in Auckland formed an umbrella body to support ratepayer associations throughout the country called Federation of Ratepayers’ Associations of New Zealand. With the local body elections over we can now concentrate on building this organisation up and having spokes people see the changes required at policy level in Wellington to ensure the peoples interests are at the centre and not trampled upon as they are now.
Thanks Mischele for this and well done setting up a much needed Federation of Ratepayers. You have a big task on your hands. We all need to work together to reinstate democracy.