Table of Contents
Pee Kay
No Minister
Ivan Barnett is like so many us in that his is utterly frustrated and disillusioned with the current coalition government’s continued failure to halt the march of co-governance in New Zealand, more especially in local government, where elected members are being sidelined by radical mayors and territorial CEO’s who are moving at pace installing unelected tribal representatives with full voting rights and who, in many instances, outnumber elected members on committees!
At 82 years of age, Ivan is doing what too many of us are not doing.
Ivan is actively engaging the public to clarify the rights of Māori and others. Through both direct dialogue and recent publications, he is methodically addressing the fallacies and inaccurate narratives surrounding Māori rights that are currently in circulation.
Ivan is dedicating his time to correcting the false statements and fallacies that cloud this critical issue.
Let’s support him by copying his message to the same recipients and also MPs.
MPs’ email addresses can be found here – https://www.nzcpr.com/quick-email-mps/
A FORMAL ENFORCEMENT DEMAND
To:
The Chief Ombudsman of New Zealand
The Attorney‑General of New Zealand
Hon Simon Watts, Minister of Local Government
From: Ivan Barnett
Date: 19/04/2026
SUBJECT: Immediate Intervention Required – Far North District Council Operating Outside Statutory Authority
1. This is not a request for information. This is a demand for enforcement.
The situation at the Far North District Council (FNDC) has escalated beyond a governance concern.
It now raises serious questions of legality, accountability, and public safety.
The council is operating in a manner that appears to: exceed its statutory powers under the Local Government Act 2002 (LGA) undermine democratic representation, misapply public funds, expose elected councillors to intimidation and retaliation, erode public confidence in lawful government. This is not an isolated incident.
Similar patterns are emerging across multiple district councils nationwide.
The failure of central government to intervene has allowed these breaches to deepen.
2. The core legal breach: governance authority transferred to unelected persons.
FNDC has created a committee structure where: unelected appointees outnumber elected councillors, unelected appointees hold full speaking and voting rights, elected councillors report being sidelined or unable to challenge decisions.
The LGA requires Māori participation. It does not authorize: co‑governance, voting rights for unelected appointees, governance authority being transferred away from elected representatives, committees where unelected persons dominate decision‑shaping processes.
This is a clear ultra vires risk.
3. The democratic breach: elected councillors cannot perform their duties.
Councillor Davina Smolders has: raised statutory concerns, been subjected to intimidation, threats, and abuse, made multiple police complaints, been publicly attacked for raising lawful objections.
Public commentary by senior political figures has increased the hostility directed at her, further undermining her ability to fulfill her statutory duties. A council cannot function lawfully when elected members are: intimidated, silenced, retaliated against, or publicly undermined for raising legal concerns.
This is a governance integrity failure.
4. The financial breach: decisions made under invalid structures. If committee minutes: are not lawful records, do not meet statutory standards, or arise from an unlawfully constituted committee…then any expenditure authorized through those processes may be unlawful. This raises the possibility of: misapplication of public funds, invalid financial decisions, improper use of ratepayer money.
If unlawful expenditure is confirmed, the matter may require referral to: the Serious Fraud Office, or New Zealand Police.
I am not alleging criminal intent.
I am stating that your offices must determine whether the threshold for referral is met.
5. The national risk: co-governance drift across multiple councils. The pattern emerging in the Far North is not isolated. Across New Zealand, councils are adopting structures that: elevate unelected appointees, diminish elected authority, operate without clear statutory mandate, create de facto co‑governance without parliamentary approval.
This is a systemic risk to: democratic accountability, lawful local government, public trust, the integrity of the LGA framework.
If left unchecked, this will shape the governance environment inherited by younger generations – one where democratic authority is weakened and statutory limits are ignored.
6. Required actions – immediate and non‑negotiable. I formally request that your offices:
1. Appoint a Crown Observer to the Far North District Council
To monitor legality, governance, and expenditure.
2. Conduct a statutory investigation into FNDC’s committee structure
To determine whether it is ultra vires.
3. Review all decisions and expenditure arising from Te Kuaka
To determine whether public funds have been misapplied.
4. Assess the safety and functioning of elected councillors
To ensure they can raise lawful concerns without intimidation.
5. Issue national guidance to all councils
Clarifying the limits of: Māori participation, advisory committees, voting rights, governance delegation.
6. Determine whether the matter should be referred to enforcement agencies
If unlawful expenditure or misuse of public funds is confirmed.
7. Closing statement
This is not a political dispute. This is a matter of law, democracy, and public accountability.
No council is above the law.
No committee is above the law.
No minister is above the law.
Your offices exist to intervene when statutory boundaries are crossed.
Those boundaries have now been crossed.
Immediate enforcement action is required.
Signed: Ivan Barnett
This article was originally published by No Minister.
