Ahluwalia returns to board after SFO referral

Marshal Ahluwalia has resumed his duties on the Manurewa Local Board after a period of leave while the Serious Fraud Office assesses a complaint, despite calls for his resignation.

Board chair Heather Andrew confirmed Ahluwalia had resumed participating in workshops and business meetings.

He took a paid leave of absence in May after Auckland Council referred matters relating to him to the SFO.

The SFO told Local Democracy Reporting there was "no update at this time" on the matter.

Andrew said the board had continued to operate as normal during Ahluwalia's leave, with alternate members covering his appointed roles on the Manukau Harbour Forum and Wiri Business Improvement District.

His return comes after Manurewa-Papakura ward councillors Daniel Newman and Matt Winiata publicly called on Ahluwalia to resign.

Manurewa-Papakura ward councillors Daniel Newman (left) and Matt Winiata have called for Ahluwalia's resignation. Photo/Manurewa-Papakura Action Team Facebook

In a joint statement, the councillors said they had lost confidence in Ahluwalia and believed he should step down.

"We have lost confidence in Mr Ahluwalia and believe his resignation would be particularly helpful," they said.

Newman told LDR earlier this week that the situation highlighted how limited the options were under the current law for removing an elected member from office.

The Manurewa Local Board met this week after member Marshal Ahluwalia resumed his elected duties. Board chair Heather Andrew said the board had continued with business as usual during his leave. Photo/Auckland Council

"The act is very narrow. The act says there are very limited grounds for someone to be removed effectively; you'd have to be convicted and incarcerated or bankrupted.”

Newman said the issue also raised questions about public confidence in elected representatives.

"You need two things. Firstly, you need a mandate - well, he's got that - and secondly, you need the social licence that the public gives you to sustain your credibility to be a decision maker moving forward," he said.

Andrew declined to comment on the councillors' calls for Ahluwalia's resignation.

"While the matter is being looked into, the board continues to focus on our priorities, which is to represent all our communities on a united front. The community can be assured that we are focused on our responsibilities, and the matter is being managed," she said.

Andrew said the current local government framework allowed serious matters involving elected members to be referred to external agencies, which she said had occurred in this case.

Auckland Council General Manager of Governance and Engagement Lou-Ann Ballantyne said the matter was a political issue, with no role for the council to be involved.

"The council's role is to support the smooth running of the local board, including the well-being of elected members," she said.

Asked by LDR what the situation highlighted about the strengths and limitations of the current legislative framework governing elected members, Ballantyne said council could only consider complaints relating to an elected member's actions in their official capacity through its code of conduct process.

"If concerns relate to actions taken as an elected member and the council receives a complaint under the code of conduct, it can consider it. This does not cover potential sanctions found by an outside agency.

"The same principles of natural justice apply to all people, whether or not they are elected members."

Ahluwalia was approached for comment but did not respond.

LDR is local body journalism co-funded by RNZ and NZ On Air.