In a stunning rebuke to the Hastings District Council, NZ Chief Ombudsman Peter Boshier has determined that HDC over a period of years failed to properly manage key dams and streams in Havelock North, ignoring, de-prioritising and/or disputing findings, repeated recommendations and compliance warnings from outside technical consultants and the HB Regional Council.

Here are just a few of several similar observations made by Boshier in his 17-page analysis of the facts surrounding HDC’s mismanagement:

“In reviewing many years’ of professional observations and safety reports for the Havelock North dams, a pattern of behaviour has emerged that shows the District Council failing to action certain recommendations regarding the maintenance of the dams.” 

“…it should not take an extreme weather event for the District Council to implement recommendations that should have been adopted earlier. This is particularly due to the District Council’s underlying obligation to maintain Havelock North’s dams and waterways, and to undertake the necessary inspections for their maintenance. 

“I am particularly disappointed that the District Council did not have in place an EAP (Emergency Action Plan) for the dams, especially when there were multiple recommendations that the EAP be created. Such a plan is critical because it impacts on the community’s safety during a major flooding event.

“I consider that the District Council fell short of its responsibilities, and its omissions to clear to the Mangarau Stream closer to the time that debris in the stream were reported to it, were unreasonable.”

Despite such observations, Boshier remarkably left HDC off the hook on one aspect of the complaint: “I considered there was no basis for me to reliably conclude that the District Council’s alleged omissions, relating to the Havelock North dams and waterways, caused or contributed to the post-cyclone flooding in the area.” 

If you want a play-by-play of Boshier’s analysis, this Marty Sharpe article for Stuff does an excellent job. And here is the Ombudsman’s full report.

The Ombudsman was responding officially to complaints filed initially in September 2023 by Havelock North resident Jessica Maxwell (on behalf of herself and other affected residents). As I read the Ombudsman’s Opinion, it validates hundreds of hours of research and advocacy (at times, intemperate) by Ms. Maxwell, which earned her pariah status at the Council. 

The community should be thankful for her efforts. What she exposed was a colossal institutional failure of performance, compounded by a Council culture of ’circle the wagons’ defensiveness.

So, what about accountability and what’s next?

The Ombudsman, despite his strong criticism, is content with HDC having now committed to an impressive – on paper at least – plan of remedial and ongoing care of these dams and streams, and issuing a statement correcting an ‘incorrect statement’ made to media regarding stream clearance status prior to the cyclone.

HDC’s action plan is listed here … and is indeed impressive. That said, its very comprehensiveness underscores just how ‘asleep at the switch’ HDC has been for more than a decade on the matter. Moreover, these practical and technical steps must be accompanied by internal cultural change.

Obviously now the proof will be in the pudding. I suspect Jessica Maxwell will be monitoring HDC’s implementation. BayBuzz will as well. It would be great to see one or more HDC Councillors (or future candidates) stand up and commit to making oversight of this action plan their personal priority.

HDC needs to move forward, and we can hope for greater accountability in the future. But what about accountability for the past?

HDC has responded to the Ombudsman Opinion with this institution-speak statement:

“Council agrees that over the decades it has not had the focus on the dams and streams and their maintenance that it could have.” 

“Not had the focus” … what an understatement! 

“Council agrees …” But who in Council – if anyone – is accepting responsibility for this performance failure? Why no remarks from Mayor Hazlehurst or Chief Executive Nigel Bickle? Has a department been shaken up … staff moved, removed, fresh blood added?

The statement doesn’t remotely qualify as a response to or apology for decades of Havelock North waterways mismanagement initially under the watch of Mayor Lawrence Yule and chief executive Ross McLeod, then continued by Mayor Sandra Hazlehurst and chief executive Nigel Bickle. 

Ultimately, responsibility sits at the top. Instead we get: ‘Shit happens. Next item on the agenda please’. Or, ‘Sayonara’!

Editor’s note: After this and other media articles were published spotlighting the Ombudsman’s criticisms of HDC handling of Havelock North dams and waterways, the Council issued a more extensive statement, headlined “We will do better”, which you can download here. In it Mayor Sandra Hazlehurst says …

“The Ombudsman’s report into the management of Havelock North’s five dams and streams that was released this week is fair. We must do better, and we will do better.” 

“…as a Council, we accept the responsibility for managing these critical assets and we will do better. We are committed to ensuring the safety and sustainability of the Havelock North dams and streams for the benefit of the community. This is a priority for us.”

“We are determined to help protect our community from increasingly impactful flooding events, and we are grateful for the ongoing support and partnership of our residents and stakeholders in this important work.”