Councillor Lee Vandervis did not attend the meeting about his conduct. Photo: RNZ / Tess Brunton
The Dunedin City Council has upheld the findings of a code of conduct complaint investigation into race-based comments made by councillor Lee Vandervis, and demanded he formally apologise or else further actions will be taken.
An investigation found Vandervis breached the code through statements made in an email, by refusing to attend Te Pae Māori meetings and by referring to mana whenua representatives on two council committees as anti-democratic.
Dunedin Councillor breaches code of conduct with race-based comments
The complaint was made last November by councillor Marie Laufiso over what she called the use of inflammatory language and attempts to diminish the standing of mana whenua. The conduct related to statements made by Vandervis in council meetings, in correspondence to other parties at the council.
The independent investigation by Jordan Boyle of Dyhrberg Drayton Employment Law detailed an email from Vandervis to council chief executive Sandy Graham last July.
In it, he said he was "not prepared to submit to the sexist, racist and tribal ritual requirements that have been spelled out in order for me to be able to enter safely on this marae" in regards to a council hui at Karitane.
He also objected to the "lack of translations" in the Te Pae Maori Council agenda and cited 13 words that needed to be translated into English for non-Māori speakers to comprehend.
"This decision-making hui agenda is not understandable by non-Māori speakers, is being held in a tribal environment that excludes sovereign non-compliant elected representatives [and] is anti-democratic."
Vandervis said he would not attend the meeting until he was supplied with an "understandable agenda" and "acceptable attendance criteria".
Councillors uphold investigation findings - condemn behaviour
Mayor Jules Radich said the council were seeking an apology from Vandervis and failing that, would take steps to impose further sanctions.
"This is very bad behaviour, it has been condemned by all around the table and it is part of a pattern I don't think there is any question about that, but the various punishments he has received over the time have made not one whit of difference."
Vandervis has been the subject of a number of code of conduct complaints, the most recent in 2020 for threatening behaviour when he shouted at the deputy mayor after a council meeting and was ordered to publicly apologise.
The outspoken Vandervis is overseas and did not attend the council meeting on Wednesday, but in a statement he asked to be read out, he doubled down on his previous comments.
"I cannot represent Dunedin citizens by singing, pretending to speak a Māori language, or by voting for more race-based funding of Māori elites and jobs.
"I reject all accusations of racism, especially coming from those who repeatedly label me pale, stale and male," abuse he said was "racist, ageist and sexist".
"I vow to continue to exercise my right to free speech in the public interest and to be part of the diversity necessary for democratic representation on the Dunedin City Council."
Many councillors commended Laufiso for making the complaint and said there was no room for racism around the council table or in the community.
Councillor Christine Garey said council staff should not have to endure Vandervis' behaviour.
"There is a long history here, a long history of racist comments, there are many witnesses to it, it reflects on us all as a city and there has been no self-reflection, that I have seen, or remorse or apology at any point over the many occurrences."
She said he had bought himself and the council into disrepute.
"Seven attempts to engage with [Vandervis] in this particular process and he chose to speak out at the eleventh hour, and double down."
Councillor Steve Walker, who attended the meeting virtually from Europe, said there were very few things that would have him up at 2am while on vacation, but standing up against racism by a fellow elected member, was one of them.
He said Vandervis' refusal to engage with the code of conduct process spoke volumes: It was "at best disrespectful and at worst an absolute disgrace".
Multiple censures over race-based remarks
It is the second code of conduct complaint heard before a South Island council in as many weeks - with Invercargill mayor Nobby Clark also facing censure for race-based remarks.
Clark has been censured twice for using racial and homophobic slurs, along with insulting and degrading behaviour during a TV interview.
Councillor Sophie Barker said it was not a good look for Aotearoa.
"In my opinion, the lack of united council action to fully reprimand the mayor is a blot on Invercargill's good name which has reverberated around New Zealand, we can't let that happen to Dunedin's reputation, I hope that is not who we are."
Clark's partner, Karen Carter has weighed in to publicly back Vandervis.
Councillor Brent Weatherall questioned how Vandervis could be accused of racism by anyone who thought it acceptable to call him "pale, stale and male".
"The reference of racism is used far too regularly these days, which in my view adds fuel to the fire of racial separation in this country."
Councillor Jim O'Malley predicted Vandervis would not apologise and if so, wanted him removed as chairperson of the finance and council controlled organisations committee.
"Leadership does not mean othering people, it does not mean going to ugly places, it does not mean keeping casual racism alive just to play to your base, that is not the behaviour of the chair of a committee."
Elected members unanimously requested Vandervis formally apologise by 20 August and commit to attending future Te Pae meetings.
Failing that, staff would seek legal advice and present council with options for further sanctions.