Эксперт по местному самоуправлению заявил о конфликте интересов в управлении рисками после гибели туристов в Таунганге

Tauranga City Council’s dual role as campground owner and regulator created a conflict of interest in managing risk, a local government expert believes. The council says it has a policy for managing conflicts of interest and systems for regulating its assets ethically. Six holidaymakers died when a landslide from Mauaocrashed into the council-owned Mount Maunganui Beachside Holiday Park about 9.30am on January 22 after record rainfall. The council’s 2020/21 annual report said the campground generated just under $2.2 million that year, the first time revenue exceeded $2m. The report also said 85,452 guests stayed at the campground in that period. The Bay of Plenty Times asked Dr Andy Asquith from the University of Western Australia for his views on the council’s role as regulator for its commercial asset. The local government expert and former Massey University academic said, in his opinion, it was impossible for a regulator to act independently with its own assets. He said, speaking generally, he had never seen a council successfully manage both commercial activities and their regulation. He said the idea of self-regulation was “oxymoronic”. “You can’t police yourself. When you have a conflict of interest, you can’t [look at risk and risk mitigation] in a transparent, fair way.” Council regulatory and community services general manager Sarah Omundsen said the council managed regulation through policies and external oversight. She said the council administered regulation for a range of assets it owned and operated. Omundsen said the council had a policy for monitoring its compliance with the legislation it enforced, as it did for other regulated parties. She said the council had a framework for enforcement decisions, which were considered by an enforcement decision group and legal adviser. “The policy commits [the] council to lawful, ethical and impartial decision-making and to transparency of decision-making.” Omundsen said the council had a separate conflicts of interest policy. “Where [the] council is the applicant for a regulatory approval, the conflict is clearly identified, rigorously assessed, and transparently managed to protect regulatory integrity and public trust.” She said building services staff managed conflict for council-owned property and any commercial, financial or other pressures that could affect independence. Bay of Plenty Regional councillor Stuart Crosby, who was Tauranga Mayor from 2004 to 2016 and is a former president of Local Government NZ, said it was common for councils to operate a commercial activity. Crosby previously told the Bay of Plenty Times he did not recall any landslide reports reaching his desk – as did several other former mayors and leaders. He said council-owned entities must comply with council and Government regulations. “They don’t get a free pass on that in any way, shape or form.” The Bay of Plenty Timesasked Crosby if the council’s commercial interests in the campground when he was mayor influenced its response to landslide risk. Crosby said he saw no evidence of that. He said the issue was the flow of information. “Where there is that conflict of interest, those issues should be handled independently by independent people outside of council.” Legal responsibilities A Ministry for Cities, Environment, Regions and Transport spokesperson said councils had responsibilities for identifying, assessing, communicating and managing known natural hazard risks. They said councils were required to manage natural hazard risks under the current Resource Management Act 1991. District councils were required to have hazard provision plans and regulate development in hazard-prone areas through zoning and consent rules, they said. The spokesperson said councils also led local response and recovery efforts during natural disasters through the Civil Defence Emergency Management (CDEM) structure. “[A council] must identify and assess hazards and risks within its district or region, manage these risks, report those risks to the CDEM group, and communicate about those risks with any affected communities.” The spokesperson said a council owning and operating a business would be a “person conducting a business or undertaking” under the Health and Safety at Work Act 2015. It had a duty to ensure the health and safety of workers and the public. “It [the person conducting a business or undertaking] must also meet responsibilities set out in legislation, such as under the Local Government Act and the Resource Management Act.” The spokesperson said local authorities should conduct business openly and transparently. Commercial transactions must be in accordance with sound business practices, they said. Bijou Johnson is a multimedia journalist based in Bay of Plenty. A passionate writer and reader, she grew up in Tauranga and developed a love for journalism while exploring various disciplines at university. She holds a Bachelor of Arts in Classical Studies from Massey University.