Stadium refuses to release review findings

Exterior view of ILT Stadium Southland. Photos by Allison Rudd.
Exterior view of ILT Stadium Southland. Photo: Allison Rudd.
ILT Stadium Southland is "hiding behind its corporate structure" as it refuses to release the findings of a review following a harassment complaint against a former manager, a legal scholar says.

A six-week review into a sexual harassment complaint against the former general manager Nigel Skelt had been completed, Stadium chairman Hayden Rankin said in a statement last week.

However, the review, by Christchurch barrister Tim Mackenzie, would not be released.

It was never intended to be a public document, Mr Rankin said.

The review confirmed that although there were shortcomings in the initial actions undertaken, at no time were express governance or constitutional obligations breached, he said.

When the Otago Daily Times asked why the review would not be released to the public and requested the document under the Local Government Official Information and Meetings Act (LGOIMA), he declined the request.

"You are unable to file a LGOIMA against Stadium Southland and the stadium management board."

University of Auckland Faculty of Law professional teaching fellow Simon Schofield said it was "odd" that at least a redacted copy of the review had not been produced.

Official information provisions in the Act would apply to a council-controlled organisation as if that organisation were a local authority, he said.

Simon Schofield
Simon Schofield
"Stadium Southland Ltd is wholly owned by the Southland Indoor Leisure Centre Charitable Trust.

"That trust in turn has trustees appointed by Invercargill City Council, Southland District Council and the Invercargill Licensing Trust.

"This would indicate that it is a council-controlled organisation."

He said the failure to produce a copy of the review was not in line with local authorities conducting their business "in an open, transparent, and democratically accountable manner" as required by the Act.

"Stadium Southland is essentially hiding behind its corporate structure."

Mr Schofield said an unredacted copy of the review was unlikely to be released because of confidentiality or privacy concerns "unless those factors are outweighed by other considerations, which render it desirable, in the public interest, to make that information available".

In May, documents released by the Invercargill City Council showed then-councillor Mr Skelt had been the subject of a sexual harassment complaint from a female staff member.

Both Invercargill Mayor Nobby Clark and former stadium chairman Allan Dennis were informed of the incidents when the staff member resigned in February.

Mr Clark worked to resolve the complaint by issuing a "serious warning" to Mr Skelt, directing him to get psychological counselling and closely monitoring his behaviour.

He also offered the teenage complainant $3000 to cover lost income, counselling for the trauma and the option of working somewhere else at the stadium or at ILT.

She declined the offer of a job.

Mr Skelt resigned as councillor, triggering a by-election for which voting papers will be sent out on Friday.

Mr Dennis has stepped down as chairman and has since faced harassment accusations himself.

Mr Rankin was approached for a response to Mr Schofield’s view, but he was unable to reply by deadline.

luisa.girao@odt.co.nz

 

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