Lee Vandervis. Photo: RNZ / Tess Brunton
- Dunedin city councillor Lee Vandervis has apologised but rejected claims of racism after being found to have breached the council's Code of Conduct
- The complaint was made by councillor Marie Laufiso last year over what she called the use of inflammatory language and attempts to diminish the standing of mana whenua
- In a meeting last month, the council demanded he formally apologise by 20 August or face further consequences
- His written apology said causing offence was never his intention but attempts were made to coerce him into an apology and his reputation had suffered due to the complaint
- City councillor Jim O'Malley says it's not a real apology and the council needs to take more action
An outspoken Dunedin city councillor has apologised for causing offence after breaching the council's Code of Conduct over comments about Māori.
The complaint against councillor Lee Vandervis was made last year by another councillor after he refused to participate in Te Pae Māori meetings and referred to mana whenua representatives on two council committees as anti-democratic.
An investigation found he breached the Code and the Dunedin City Council upheld the finding, demanding he formally apologise or face further actions.
The council has confirmed he sent a written apology on Tuesday, the day of the deadline.
"I am sorry that some of my statements and actions as an elected representative have caused offence to some for which I unreservedly apologise. Causing offence was never my intention," he said in the apology.
Vandervis said attempts were made to coerce him into making an unreserved apology by threatening to take him off out of a leadership position on a committee which added close to $14,000 to his salary.
In the debate leading up to the council's resolution, multiple councillors made it clear they wanted to remove him as chairperson of the Finance and Council Controlled Organisations Committee with councillor David Benson-Pope calling for his removal a year earlier, and councillor Jim O'Malley saying he would refuse to attend any meetings he chaired, Vandervis said.
Elected council members of Te Pae Māori - a mana to mana forum set up in partnership with mana whenua and the council - also requested he committed to participating in Te Pae meetings and observe the kawa (protocols).
But Vandervis said legal advice from Anderson Lloyd, which was sent to all elected members, concluded that request to participate went beyond the terms of Code of Conduct and was outside the council's power.
"The NZ Bill of Rights Act provides me with all the defence I need against these Code of Conduct accusations, particularly the sections relating to freedom of speech, movement, expression and religion," he said.
"For the council to attempt to remove me from an appointed chair position because I won't alienate those rights is beyond council's powers. I have not contracted out of NZ Bill of Rights freedoms because I have been elected to the DCC."
The council had requested he apologise along with "claims of alleged racism which I reject, and they have caused me reputational harm", he said.
Vandervis submitted that his apology brought the Code of Conduct process to an end.
Councillor Jim O'Malley disagreed, saying it was not a real apology when it was made like this and did not count.
"I don't think he has apologised and I think we need to go to the next level. I will stand by my original statements that I don't think he is exhibiting the right characteristics to be a chair of a committee," O'Malley said.
It was frustrating that his behaviour was undermining the council's ability to its job properly, he said.
He hoped there would be further discussions at the council's meeting next week.
If Vandervis was not removed or did not stand aside, he said he probably would stick with his original plan not to attend any of the meetings Vandervis chaired.
Councillor Marie Laufiso - who made the complaint - said she viewed the email, while legally acceptable, as Clayton's apology.
The Dunedin City Council said it was a matter for elected representatives, but external legal advice confirmed the apology met the council's resolution to the Code of Conduct process was over.
"Councillors requested staff provide a report on possible options available to council for a material breach of the Code of Conduct if no apology was received. An apology has been received within the required deadline, so no staff report is required," the council said.
Dunedin mayor Jules Radich said he was pleased an apology was received.
"Councillor Vandervis has provided a legally acceptable apology that satisfies the resolutions of Council, so the Code of Conduct process is now concluded," Radich said.
"I expect we can now move forward while upholding the standards of behaviour our community expects of all elected representatives."