Council officer taken to task over New Plymouth liquor ban bungle

"Mr Dyer, obviously someone didn't do their job properly, was it you?"
"Mr Dyer, obviously someone didn't do their job properly, was it you?" Photo credit: RNZ / Robin Martin.

By Robin Martin of RNZ

A mass brawl and numerous serious alcohol-related incidents in New Plymouth have been pinned on the city's alcohol control bylaw lapsing.

Police learned the bylaw was unenforceable in March, but it expired nearly two years ago.

On Wednesday, a senior council officer has been taken to task over who is responsible for the administrative blunder.

A meeting to decide whether to begin consultation on a new bylaw kicked off in a convivial-enough manner, with New Plymouth District Mayor Neil Holdom suggesting the chamber debunk to the coastal walkway for a beverage or two.

"Right, let's talk about popping bottles of champagne on the foreshore ... oh no let's not. So Mr Dyer welcome good sir," Holdom said.

But it wasn't long before veteran councillor Gordon Brown wanted policy development led Mitchell Dyer to spill the beans on who was actually responsible for the bungle.

"Mr Dyer, obviously someone didn't do their job properly, was it you?"

Not that Holdom was allowing that.

"I don't think that in a learning environment we need to personalise this. The organisation has made an error. We've admitted that and we're just looking to solve it.

"We are not interested in witch hunts and I won't allow a question like that in this chamber. We rise and fall together."

The mayor went on to ask Brown if he had a better question and he obliged, asking Dyer: "Do you know who it was?"

For police, the lapsed bylaw has been no laughing matter

They say on the weekend of a huge brawl in July, 13 arrests were made for disorder offence - including wilful damage and assaults on police staff.

Police said since the lockdown ended there had been a noticeable increase in people drinking in cars and on the street in the city centre.

Without the bylaw, policing has become more difficult and police want it reinstated.

Councillor Colin Johnston also had a tough question for Dyer.

"Out at Urenui on the 31st of December 2019 this had lapsed. So all the people that brought alcohol to Urenui Domain, for example, and got it taken off them, was that legal or not?"

That had Dyer walking on eggshells.

"Your worship, I'm going to answer that question carefully and state that the bylaw did not have any standing at that time.

"The legality of the approach or regulation of the [police] officers, I'm not willing to answer."

Debate over, the councillors voted unanimously to put the previous bylaw, with minor alterations, out for public consultation.

After the meeting, councillor Brown had no regrets about taking Dyer to task.

"I think in an organisation this size with the high degree of remuneration many of our officers get they should be accountable and I hope that the person is fully aware of that."

Holdom said he was not surprised to hear of a mass brawl in the city centre.

"I mean I grew up in this town and ... young men when they turn about 14 or 15, their brain chemistry changes and they pop out at about age 26 and start thinking more clearly.

"But in that time we deal with a lot of damage, a lot of harm, damage to council assets, damage to our people and so this is what the police have to deal with."

He was not sure what legal recourse people who had fallen foul of the bylaw when it was unenforceable had.

"I'm not a lawyer and I'm sure if people feel aggrieved they can take legal advice and everybody has a right to do that.

"I think our focus is to go out to the community to see what they want us to do and if the feedback is let put these back in before Christmas, which I think is likely, we've just got to run a good process and then make that decision."

RNZ's questions to police about how many people were charged, fined or warned for being in breach of the bylaw while it was not enforceable are being treated as an Official Information Act request.

Enquiries about whether any charges or fines will be withdrawn or refunded are being treated as part of the same request.

RNZ