Why the vacant CODC seat can't go to the next highest poller

Central Otago District Council is facing a byelection after the prompt resignation of a newly elected councillor but some are questioning why the seat can’t go to the next highest polling candidate.

Dave McKenzie was elected to represent the Vincent Ward on the council but after provisional results were published, McKenzie was accused on social media of financial misconduct while working as a council contractor in 2018.

Legal documents released by the council show McKenzie altered a subcontractor’s invoice adding $1000 to it before sending it to the council. McKenzie ultimately resigned as councillor before results were even finalised saying the controversy was taking a toll on him and his family.

The Local Electoral Act 2001 governs the conduct of local government elections in New Zealand and outlines what happens if there is a vacancy in office.

“If a vacancy occurs in the office of a member of a local authority or in the office of an elected member of a local board or community board more than 12 months before the next triennial general election, the vacancy must be filled by an election under this Act.”

A CODC spokesperson said McKenzie’s decision was separate to the electoral outcome.

“There needs to be a by-election because Mr McKenzie has legitimately been elected by the voters of the Vincent Ward. This has been declared in the official results and Mr McKenzie is entitled to take his seat at Council.

“However, he has chosen to resign from his position, which is separate from the electoral outcome. As it is more than 12 months until the next election, legislation requires a by-election.”

The council couldn’t specify exactly how much the byelection would cost but said the last byelection held was for the Cromwell Community Board in 2023 and this cost $42,000.

“Costs especially postage have risen significantly, and Vincent is the largest ward.”

According to the council website, the Vincent Ward byelection will be held early next year. Nominations will be open from November 24 until December 22 and voting will be open from January 30 to March 3.

The successful candidate will join Tracy Paterson, Martin McPherson, and Nathan McLean in representing the ward.

Crux asked candidates who stood in the most-recent election if they would restand.

Louise van der Voort was the next-highest poller behind McKenzie, receiving 1575 votes to his 1608.

She said she would be restanding and reiterated the council has no choice but to have a byelection to comply with the Local Electoral Act.

“But I’d add the comment that the business of council must be conducted with honesty, integrity, and the community needs to have confidence in that. So that’s not only at an elected representative level, but also by staff and contractors,” she said.

“The by-election gives the Vincent Ward residents the confidence that they get to have a vote again.”

Van der Voort said the reasons she initially stood were still valid.

“That’s around the significant challenges facing the council in the next term, central government reform and a loss of community voice, and of course affordability. Good engagement with the community and good decision making is really important and I believe I’ve got the skills and experience.”

Ian Cooney, who received 1491 votes was still undecided.

Jayden Cromb received 1420 votes for the Vincent Ward but secured a seat on the Vincent Community Board. If he were to restand and be elected to the Vincent Ward, this would prompt a further byelection for the community board.

This puts Cromb in a tricky spot and he’s undecided on whether he’ll make another run at the seat.

“From the conversations I’ve had so far, some people have been quite open to the idea, saying if it’s the right person, then it’s worth the cost and the time. For others, they’re saying just hold off for three years.

“For the time being, my priority is ensuring that our board is well informed and ready to go from our inaugural meeting.”

Cromb said it was important people who voted for McKenzie had another opportunity to have a say.

“It’s important to remember that just because somebody else got close doesn’t mean that all of [McKenzie’s] votes necessarily would have gone to that person,” he says.

“I’m just glad that it’s resolved now and that the distraction is over and we can all just get back to it and focus on the next three years.”

Lynley Claridge, who received 1335 votes said she would not restand.

Gill Booth received 870 votes and was planning to stand again to get across her message “that our council is broken our whole local government is broken and the only way to fix it is to get a really involved community”.

Booth sympathised with McKenzie saying the issue wasn’t raised during campaigning and “what he did may have not been right, but he was not convicted, they couldn’t find fraud”.

Cam Withington who received 791 votes could not be reached for comment.

Kas McEntyre received 468 votes and said she would not stand again. She said she initially stood because she wanted change and she feels like she couldn’t work with the people elected.

As for how everything unfolded?

“Social media on its own is absolutely nothing without the people so what we watched was the will of people being exercised on the only public platform available to them.”

She said she felt for McKenzie’s family.

“But you make a mistake ... at some stage you are going to pay for it.

“There are consequences to your actions and it doesn’t matter whether it happens instantly or somewhere down the track.”

Earlier, Central Otago Mayor Tamah Alley said while a byelection would incur additional costs for ratepayers, “I believe it is the best outcome to ensure our community’s full confidence in the integrity of their Council over the next three years”.