Graham Edgeler agrees, no advantage to Palino in timing

As I have said repeatedly this weeks in media interviews and as recently as this morning on The Nation, there was no political advantage to John palino to have this story break after the election. All claims of a conspiracy are a figment of many people’s imaginations including that of Bevan Chuang’s “spokes person” who is clouded by his own personal hatreds.

Anyone running the conspiracy of timing angle is retarded as I said the other day. Electoral law is clear. There was no advantage for Palino to have this come out after the election, and certainly no possible rush to have it out before the declaration of results. The conspiracy theories fail right there. The media should research first before running around manufacturing conspiracies based on silly prognostications of fools like Greg Presland who is busy spinning up massive join the dots conspiracies. I guess that makes him retards.

Graham Edgeler clears this all up once and for all.

I have just finished watching Q+A on time delay. In it, both former National Party President Michelle Boag and Unite Union head Matt McCarten made the claim that if Len Brown was to resign before before sworn in for his second term as mayor of Auckland City, that the second-placed candidate would be declared elected and be sworn in.

This is false. 

Whatever the reason any New Zealand mayor-elect may not take up office, the result is a by-election. If a mayor (or councillor) leaves office during the term, there is a by-election unless there are less than 12 months to the next full council election.

If a mayor-elect dies, or is disqualified between the vote and the swearing in, there is a by-election. The runner-up can never simply assume the office of mayor. The Local Electoral Act simply does not allow it. I suppose it could. But as that would be really really stupid, it doesn’t.

The legislation is clear. The Council of the Auckland “super city” was created under the Local Government (Auckland Council) Act. Section 8 of that law applies the Local Electoral Act to elections for the Council, including the mayoral election. Section 117 of the Local Electoral Act includes the following:

If a vacancy occurs in the office of a member of a local authority or in the office of an elected member of a community board more than 12 months before the next triennial general election, the vacancy must be filled by an election under this Act.

This includes the mayor (see the definition of ‘member of a local authority’ in section 5).

There you go…no advantage to Palino…who wants to force a by-election to spend another couple of hundred thousand?

Now perhaps we could all focus on the real issues…LenBrown’s appalling judgement and breaches of code of conduct.


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  • suites

    I think it is clear there would have to be a by-election but Len Brown resigning would definitely benefit Palino. At least it would have if this scandal had played out there way he wanted.

    • AnonWgtn

      Brown will never stand down – his wife won’t let him.

      • longjohn

        15k a week..he will hang in for as long as he can!

        • Sir Cullen’s Sidekick

          Absolutely right. The worst part is he will get away easily without any impact….

      • Greg

        Do you know his wife?

    • Really? Benefit? Having to spend another $200k fighting an election, yeah that’s benefiting

    • Greg

      It is not clear it would benefit Palino.

  • Toryboy

    What made them think the next place getter simply moves up? – talk about grasping at straws to try and help Brown

    • Jonathan Pull

      If Im honest I thought thats how the succession would work, not for any like or dislike against Palino, just thought that would be the logical solution.

      • Toryboy

        Being sworn in is irrelevant, it is who gets the most votes; for instance, if a candidate with the most votes simply dropped dead before being sworn in, there would be a by-election – the next place getter would not be declared elected! the whole idea is preposterous.

        Michelle Boag and McCarten are both former heads of political parties and know this full well – so like Len Brown, the question must be asked “if they go on television and knowingly lie about this, what else do they lie about?”

        • Jonathan Pull

          I understand that now, what I was saying is until that was cleared up I thought it was merely succession of the next highest candidate. Glad I know now though.

    • peterwn

      Confusion with MMP list candidates, perhaps. For example with Rod Donald’s untimely death, the next Green candidate was offered the seat. There is or was (I think) also a local government rule that allows a council to fill a casual vacancy unless 5 – 10% or so residents petitioned for a by-election. This avoided byelections where there would have minimal interest.

      Even if a ‘next one’ rule did apply, Len would hold on until he had been sworn in before resigning and the Council would have been very unlikely to appoint the next highest candidate in lieu of a byelection, especially as a petition would have been arranged.

      I suspect electoral law (parliament and local) has been tightened up in recent times especially as since MMP, electoral law recognises political parties which it did not in the past.

  • Steve R

    Its obvious that all this conspiracy crap is clearly smoke and mirrors to make us look away from the facts .
    All I want to know is did he take free rooms at hotels , did he take her overseas as his “interpreter” at my expense , did he get her a paying job within the council , and did he book anything up to the council that she benefited from .
    He clearly has extremely poor judgment and that has been proven by the fact that he cant even be managed with the company credit card . Or have the bank reissued him with a new one . How does a person in charge of Auckland’s biggest city look when he’s being forced to pay cash for everything and get receipts . If I was running a restaurant or a bar id think he was either a real dick head or on the take .

    • Chancey

      poor judgment! on reading the affidavit it seems to me he has the maturity of a 14 year old school boy, cheap perfume, ill fitting underwear and a request for his par amour to buy some condoms – heart be still, what a guy, misogynist little preppy makes me want to puke

    • Bunswalla

      You can see evidence of this everywhere – desperate attempts by the MSM – the Horrid, Fairfax and TV3 to name but three. Front page of today’s SST is a case in point – under the heading “Web of Deceit” it lists three points: Palino breaks silence to deny allegations (nothing about the rooting Mayor); Brown’s mistress offered porn movie role (are you fucking kidding me?) and An affair to forget? How Kiwis handle scandal (in other words, please forget this at once – nothing to see here, moving right along).

      Everything is designed to distract the public from the real issue – power, corruption, nepotism and sex, all created by the Mayor of NZ’s biggest city. Way to focus on what really matters, SST!

  • Grizz30

    I am not from Auckland. What gets me is that he was jerking off and fucking his mistress in the Mayor’s office. In any other town, perhaps with the exception of Wellington, this would be unacceptable. To justify that this behavior is unbecoming of a Mayor we have to direct an investigation into whether or not there were other aspects of misconduct associated with the affair.

    Conspiracy theories are just side issues and only grows with ones imagination. However the facts are there and the behavior is inexcusable.

    • longjohn

      Agree…there are enough red herrings out there to feed the worlds starving population for at least a month. The good people of Auckland deserve better than this joke for the 15k a week salary!

  • Whafe

    Hour by hour, it seems some people are starting to think it through, is this merely because they can sense that noshamelenbrown will be gone by Tuesday?

    Watch the tide turning, it is an amazing display of flip flopping….

  • SJ00

    Not knowing Electoral Law, like I suspect a large majority of the public, I thought the runner up would become the mayor should not be able to do the job, or if he was already in there, that the deputy mayor would become the mayor. It makes perfect sense there would be a by-election. Its just not something most of us would normally think about or even care about, to know the correct answer.

  • jb

    It smacks of the MSM not wanting to believe what happened and trying to shoot the messenger. Also this is picked up by sympathetic ears out there who want to believe the bullshit spin by the MSM. The first casualty in war, is the truth.

  • Phar Lap

    McCarten also believed he and his Unite Union didn’t have to pay PAYE tax from his employees to the IRD.Wonder has he finally grasped that fact yet.

  • cows4me

    I bet if Palino was a raving lunatic lefty then Brown would go down. Of course the left don’t want Brown to go, they have no one that shares their idiotic ideals. It would seem the council is now more to the right and to lose the mayor is just to frightening to comprehend.

  • Andy

    Wikipedia entry for Len Brown is pushing the conspiracy angle

    • rrroberto

      Somebody who is cleverer than me when it comes to computers needs to get into Wikipaedia and edit it to reflect the true story, and change the picture for the cartoon which appeared on the Blog a few days ago. This wikipaedia article has been edited about 40 times since October 13.

  • OT Richter

    You know what they say about explaining…

    Irrespective of timing, Palinos’s stink is all over this (after he denied all knowledge) and if Brown resigns and he and Palino run again I suspect that Brown will get back in. I was going to vote Palino as a protest vote, but now I don’t trust him one little bit.

  • Dumrse

    Somebody should do some home work and find out what happened to the Mayor of Dannevirke in the mid 80’s who was bonking his office lady. The electorate was none too pleased with him. I wonder if there was a by-election?

  • Greg

    “The Local Electoral Act simply does not allow it. I suppose it could.” This is a contradiction in terms. People, be critical of ‘media commentators’ and the like!

  • Greg

    A ‘couple of hundred thousand’ for a by-election?? Give yourself an upper-cut, try seven figures.

    • A couple of hundred thousand for his own by-election campaign, not the entire by-election. Give yourself an uppercut.

  • Jamie

    If MIchelle Boag and Matt McCarten thought the runner-up would get into office, then perhaps Palino did too.