WELLINGTON City Council could soon be faced with a costly High Court trial. Cr Rob Goulden wants to overturn the censure handed down to himlast year for breaching the council’s Code of Conduct.

There’s been lots of interest in the Code of Conduct charges against Wanganui Mayor Michael Laws. But right here, Wellington Councillor Rob Goulden has mounted a High Court challenge against the Wellington City Council over its Code of Conduct procedures.

Eastern Ward Goulden was officially censured by the council in December for breaching the Code of Conduct by publicly criticising council Chief Financial Officer Andrew McKenzie.

The WCC Code prohibits councillors from making public criticism of council employees, and directs them to take all such concerns to Chief Executive Gary Poole.

During the local body election campaign in an advertisement in a local paper Goulden said: "There’s a lot of confusion in the community about the level of debt. There was heated debate about it the other night and all the figures seem wrong. (Kerry) Prendergast and (financial officer Andrew) McKenzie have now produced a different set of figures which puts debt at (currently) $70 million, with another $55m approved in the Annual Plan."

This was deemed to have breached the Code of Conduct and council censured Goulden for that advertisement at a special meeting on December 15.

But Goulden refused to take that lying down. He has filed a Statement of Claim with the High Court at Wellington alleging that the censure breaches the Bill of Rights. He believes that what he said was true, and that he shouldn’t be publicly censured for saying it.

Affidavits have been filed and the date for a court hearing will be set if there is not a settlement by April 18. Such a settlement seems unlikely as the parties are not negotiating.

"I am asking for the proceedings to be quashed, asking for costs, and whatever follows on from that," Goulden says.

"What I’m hoping is that it will set a precedent on how councils should behave."

Ideological and personality clashes have escalated into a messy round of public accusations – a sure sign that all is not well around the council table. Council is a place where robust debate is expected, but for it to come to this demonstrates a profound breakdown of normal dialogue and procedure.

The issue goes beyond the censure, to tit for tat allegations of threatening behaviour during the Local Body Election campaign last year. Following a heated meeting in September, at which council debt was a central issue, Goulden accused McKenzie of threatening him. He alleged McKenzie talked about wanting to punch him while the two were arguing after the meeting.

Mayor Kerry Prendergast and Deputy Mayor Alick Shaw were present when McKenzie was alleged to have threatened Goulden. They saw it differently. At the time Prendergast said Goulden, a former policeman and soldier, was the one acting in a threatening manner.

"We [Prendergast and Shaw] went in as protection for Andrew. We offered to get security for his protection. It wasn’t needed," Prendergast said (Dominion Post, September 28, 2004).

Goulden laid an official complaint with council Chief Executive Gary Poole, but before it could be investigated a counter claim was raised by retiring councillor Chris Parkin that Goulden had threatened Parkin and Prendergast during the same meeting. Parkin said Goulden invited him to "step outside." Parkin also laid an official complaint with Gary Poole.

According to a council spokesman, Poole and council Risk Assurance Director John O’Connell investigated Goulden’s charges against McKenzie and found that there was no case to answer.

Goulden laid a complaint with the police, but no charges were laid.

Parkin’s charges against Goulden appear to have been ignored. The council spokesman was unable to say whether the claims had been investigated or not. Parkin retired at the elections and has not pursued the matter.

Around the same time, Deputy Mayor Alick Shaw complained to Prendergast about Goulden’s behaviour and about the advertisement mentioning McKenzie. However, Shaw’s allegations of threatening behaviour were later dropped from the complaint. When Goulden was censured a few months later, it was only for the advertisement. And this is what Goulden wants the court to rule on.

Goulden sees the behavioural allegations as part of a smear campaign against him.

"They have withdrawn all those allegations in the press [about aggressive behaviour]. The only thing is this ad, which comes down to a pure statement of fact," Goulden says.

Goulden is confident the High Court will vindicate his actions and the council will have to withdraw the censure.

Neither Chief Executive Gary Poole nor Mayor Kerry Prendergast were prepared to speak to Capital Times about the case.

The council spokesperson said in a written statement: "The Council has no comment apart to say that it is complying with the Court’s process and that, consistent with legal advice that it should defend the proceeding, it has mounted a defence against Cr Goulden’s legal action."

Aaron Watson

• In a separate incident, council is investigating a report Goulden abused a worker at the Wellington tip last week. Goulden denies the allegations.