After replacing his sign and warning FNDC not to interfere further, Natusch received an email from the council’s manager of compliance, Mike McMurtrie, stating that the new sign remained in breach of the policy because of its location in an 80km/h zone.
McMurtrie warned that the sign could be seized and a $92 return fee charged.
Natusch requested the council explain its interpretation of the clearly worded policy, but instead of a response to that effect, compliance manager Mike McMurtrie told Natusch to ask the media for the council’s response.
“Given the media has now asked the exact same questions, we have responded to them with the position from FNDC,” McMurtrie wrote. “I will not be answering the same questions separately.”
Natusch said the “absolute arrogance from the council” astounded him.
He wrote again to McMurtrie, saying: “I find it troubling that the council is instructing a local body elections candidate to make enquiries of the media as to the council’s position on its interpretation of its Election Hoardings Policy.
“Any subjective interpretation of a Policy (and the council’s interpretation is certainly subjective, given it deviates entirely from the actual wording of the policy) must take into account the right to freedom of expression in our Bill of Rights Act.
A dispute has erupted over Far North District Council’s claim this and other election hoardings in the 80km/h part of Kerikeri Heritage Bypass Rd breach a relevant policy.
Pursuant to the Local Government Official Information and Meetings Act 1987, Natusch asked to be provided with copies of internal council correspondence regarding the CE’s interpretation of the policy insisting the signage rule applied to all roads with a 70km/h or more speed limit, rather than only those forming part of the state highway corridor; and instructions by the CE to council staff to police the Policy in that way.
The Northern Advocate asked FNDC why it refused to respond directly to Natusch’s formal inquiry and whether it considered it appropriate to refer him to the media for its answer.
FNDC Group manager of strategic relationships Jacine Warmington said: “Councils are required to administer local elections in accordance with the Local Electoral Act 2001, including appointing an independent Electoral Officer to oversee the process of an election.
“During an election, requests for information from candidates are dealt with formally under official information legislation – all candidates are welcome to submit requests to the council via elections@fndc.govt.
“Any complaint about the administration of the election should be submitted to the council’s Independent Electoral Officer in the first instance at info@electionservices.co.nz.
“The council will not be commenting on the specific circumstances applying to any complaint but is happy to process requests or complaints from candidates through the appropriate channels noted above.”
Sarah Curtis is a news reporter for the Northern Advocate, focusing on a wide range of issues. She has nearly 20 years’ experience in journalism, most of which she spent reporting on the courts in Gisborne and the East Coast.