ACCESS TO DOCUMENTS.

New Zealand Herald, Volume LXV, Issue 19991, 6 July 1928, Page 13

ACCESS TO DOCUMENTS.

RIGHTS OF COUNCILLORS.

AN APPLICATION REFUSED.

FILE OF CIVIC SQUARE DEALS. | Councillors' right of access to documents relating to civic business was argued at last evening's meeting of the Auckland City Council as tho result of a demand mado by Mr. W. H. Murray for tho complete file connected with Civic Square dealings. Mr. Murray Jiarl made a written demand for tho file, but the town clerk, Mr. J. S. Brigham, replied that lie had consulted the Mayor, Mr. G. Baildon, who had obtained a legal opinion, and it appeared clear that, without the direction of the council, ho had no authority to comply with tho demand. The city solicitor, Mr. J. Stanton, said that if a ratepayer or a councillor demanded permission to inspect documents other than those specifically referred to in tho Municipal Corporations Act the council must itself decide whether or not the demand should bo complied with. There seemed to bo no reason, however, why the council should not by resolution prescribe generally when and under what circumstances the correspondence files and other documents should be open to inspection by councillors. Tho Finance Committee recommended that the action of the Mayor and the town clerk should be approved, and the latter should be authorised to act in accordance with the opinion expressed by the city solicitor. Recommendation Opposed. "If wo adopt this recommendation, do wo not lay ourselves open to a charge that we are trying to hide something - /" asked Mr. J. YV. Kealy. "It would be far wiser, I suggest, to allow the fullest inspection. I move that tho recommendation be referred back." Miss A. Basten seconded the amendment, on the ground that tho recommendation was too vague. "We know what use has been made of Civic. Square matters, and statements devoid of truth have been made on the public platform," declared Mr. A. J. Entrican in supporting the recommendation. "If the people who want to use tho file were doing good it would be different, but wo know what their object is." Mr. M. J. Coyle: Then let us put our documents forward and show what the truth is. "A councillor should have access to all files on matters connected with the council's business," said Mr. E. J. Phelan. "Tho council would be well advised from a diplomatic point of view to give all information possible." "I am very pleased to hear those sentiments," said Mr. Murray. "I am glad some councillors, at least, agree that a councillor should have access to such documents. I have been bluntly refused information I have sought, and have been refused since this case on other matters." Mr. J. A. C. Allum: We cannot give a councillor a roving commission to go through all records. We know what the company law says on such matters. Mr. Phelan: A managing director can get access to all documents. Mr. Allum: But we are not managing directors. It is a question of bad or good faith. Mr. Kealy rose with a personal explanation that he agreed the town clerk's attitude had been scrupulously correct.

Removal of Order Paper. There was a "brush" when Mr. A. J. Stallworthy referred to public remarks made by Mr. Murray and his associates on the public platform. Mr. Murray: Point of order! Let Mr. Btalhvorthy deal with me and leave my associates alone. Mr. Stallworthy: It is hard to know where Mr. Murray ends and his associates begin. Mr. Stallworthy complained that 'a semblance of the Kelly gang" had been acting in an undignified and disgraceful manner, particularly in their reference to Town Hall officers. "We have had to be very careful lately," said the Mayor. "I think wo should adopt the recommendation. I may say I am not acting without the advice of the city solicitor. Only this evening, 1 am told," an order paper was taken off a, councillor's tabic half-an-liour before this meeting and shown to outsiders, being brought back just before the meeting." Mr. Murray: Do yon impute it was me ? The Mayor: I am not going to say. »it down, Mr. Murray. Mr. Kealy's amendment was lost, only six members supporting it, and the recommendation was adopted.