When I stood for Council in 2019, I was elected to Keep Council Accountable.
I was concerned that TCDC cost ratepayers over $200,000 to produce an unsuccessful consent application to allow private promoters to run events in Williamson Park in Whangamatā that restrict access to the public.
“The purpose of the profession boils down to two elements. Firstly, to protect and serve the community. Secondly, to protect the rule of law.”
- Tiana Epati, Retiring President of the NZ Law Society
That is what I’ve done in my first term.
I was shocked at how much legislation covers local government, making it a lumbering beast. The Local Government Act is over 700 pages intertwined with over 200 other enactments.
After I was elected councillor, our CEO stated, “It came as a surprise to me that we had overspent our budget by $6.3 million.”
A senior staff member tried to explain it. I said it was not a satisfactory answer. And I kept asking questions. I sought independent accounting advice and presented Council with what went wrong and where to improve. As a result, two senior staff members resigned, including the staff member who had attempted to explain this travesty of good governance.
I then realised there was a legal requirement to include such information in the Pre Election Report for ratepayers to consider before voting. This had not been done.
I challenged the CEO on this. I was backed up by the CEO of Local Government NZ who said, “Mr Gotlieb is correct. The legal obligation on the CEO has been breached and there needs to be an independent enquiry.”
The Mayor brushed it off.
I made a complaint with the Auditor General's office. The barely-a-response in their Annual Report only expressed that it could’ve been done better.
I raised my concern that Councillors were not given information about legal proceedings TCDC was involved in. The response? The information is privileged.
No, it’s not.
We are an elected board that needs this information.
It was only after I presented the CEO with advice from NZ’s leading expert in this field - stating we are entitled to this information - that the CEO relented.
But as time went on, the information was either presented with not enough time to read or we were told matters were resolved so we weren’t entitled to our voice.
Many requests were denied.
I also objected to council agendas having so much of what is discussed not open to the public. I had some limited success in opening this up, but there has to be more transparency with Council business.
One of the problems is allowing public consultation on proposed council policy, eg. allowing more freedom camping in a reserve.
I have suggested (as some councils do) that a sign be installed showing what is proposed with a plan and photo or diagram so ratepayers can be properly informed.
I raised this at a recent council meeting as some projects were being delayed because ratepayers were unaware what was happening and there had not been proper consultation. This was warmly received by Councillors, the Mayor and the acting CEO who are now seeking to implement this.
These are some of the ways I’ve tried to protect and serve the community.
You can count on me to step in and remind Council staff and Councillors what their duties are to the law and to our community.
This is why I am seeking one more term to help make TCDC an even more accountable, efficient, transparent and user-friendly Council.
Reasons for support of Gary Gotlieb
Longtime family friend. A ratepayer of 50 years standing, with consequent in-depth knowledge of town and district history.
An Auckland resident who has a profound loyalty towards holidaymakers and locals alike.
A family man committed to protecting the family-friendly image enjoyed in the town.
A widely-experienced and respected barrister whose professional skills equip him well to pursue the best interests of Whangamata. A man of energy and integrity willing to listen to concerns and act upon them.
Gary has put huge energy into change and to improve how council operates.
Susan Coffey
Whangamata
I have known Gary Gotlieb for many years and have continued to have contact with him with our involvement with swimming, surf lifesaving, and community issues. I am aware of the excellent work he has done as a councilor in this current term. His professional skills are needed to complete the necessary changes currently set in motion. We are lucky to have him.
Richard Scelly
QSM
I have known Gary for about 40 years . I am aware of his legal ability and skill. I am also aware of how much he has done as a councillor in this last term and asked him to stand again, and if he did I would not stand for council where last election I was the runner up. But don’t worry I’m am standing again for the Community Board.
Dave Ryan - Deputy Chair - Whangamata Community Board
See below:
The TCDC chief executive's pre-electin report - were all the cards on the table?
Why am I standing for Council...again?
Whangamata News - 15th April 2022
Complaint against mayor withdrawn
Hauraki Coromandel Post - 14th April 2022
Arguments with teachers shaped bureaucrat-bashing barrister
Gary Gotlieb: We have to stand up to council bureaucrats because elected members do not
END
* BACK TO LAW *
Former President of the Auckland District Law Society
Former President of New Zealand Criminal Bar Association
Former Vice-President of New Zealand Law Society
You may be confused or unsure if you're being properly represented. A second opinion is available. An instructing solicitor will be required and the cost will be dependent upon the complexity of the case.
"Mr Gotlieb's reputation as a vigorous advocate of his clients' interests, a thorough and tenacious advocate in Court and counsel whose attention to the detail of the law in his submissions was exemplary."
- Jonathan Krebs Barrister NZLS Convener Criminal Committee
Gary Gotlieb has an extensive background in criminal law, sports law, mediation, departmental prosecutions, transport law, media law, restorative justice, proceeds of crime applications, serious fraud prosecutions, coronial hearings, and appeals to the High Court and Court of Appeal.
"Mr Gotlieb is a person of absolute integrity and a highly accomplished and well-respected advocate."
Peter Williams - QC
"I am familiar with Mr Gotlieb's work and ability as an advocate. His practice is extensive and he is regarded by his peers as one of the leading counsel in New Zealand, particularly in the field of criminal law. His integrity and personal attributes are both of the highest order.
Christopher McVeigh - QC
"Mr Gotlieb's reputation as a vigorous advocate of his clients' interests, a thorough and tenacious advocate in Court and counsel whose attention to the detail of the law in his submissions was a exemplary.
He is a barrister whose word is to be trusted.
Few at the criminal bar display the energy and tenacity that Mr Gotlieb does. He has always championed his clients" interests however unpopular. He has always spoken out in favour of the profession, advancing and pursuing views and options that have not always appealed to all."
Jonathan Krebs Barrister NZLS
- Convener Criminal Committee
New legislative amendments often require an innovative approach, with the emphasis on resolving cases. First, there are case review hearings to see if resolution is possible. Diversion may be a sensible way of resolving the charge quickly, depending on the type of charge and previous criminal history.
For each case, the type of charge should be taken into consideration. For example, an assault charge can range from a summary offence charge with a 3 month maximum penalty, to a crimes act charge with the penalty ranging from 1 to 14 years. Negotiation is vital. Options include requesting the court to give a sentence indication. Submissions are filed and the Judge gives an indication of what the sentence will be. A decision of how to proceed must be reached within 7 days.
Restorative justice is an alternative way of possibly getting a lesser sentence and can result in calming tensions and creating understanding for a genuine long term resolution.
Consideration must be given to defending the charge before a judge alone, or proceeding with a jury trial. There are pros and cons for both these options.
Proactive attempts at resolution can result in very favourable results. Discharge without conviction and permanent name suppression is possible in some cases.
It is vital to work out what options are available.
Phone: 09 376 6806
Mobile: 021 66 55 71
E-mail: gary@gotlieb.co.nz
Postal: 101 Sarsfield Street, Herne Bay, Auckland 1011, New Zealand
