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September 24, 2025

Local government bound by censorship? I don't think so.


We’ve proven that people power works before. Now it’s time to do it again. 
 
Proposed developments from the Local Government Commission threaten local democracy across the country. Their draft Standardised Code of Conduct introduces vague rules, unchecked investigator power, and a hollow ‘freedom of expression’ clause that would limit debate, not protect it.

Let’s tell the Commission to protect Kiwis’ speech rights.

We don't have long, but don’t worry – we’ve made it super easy for you. 

The code relies on vague civility standards like “respect,” “inclusive,” and “not derogatory”. You and I both know these catch-alls are rife with potential to suppress voices that are unpopular. 
 
So many of our fights come from Local Councils – whether it’s administrative staff cancelling events booked at ratepayer-funded venues, or council management censoring advertising in the local newspaper, blocking staff from accessing particular political websites, or censoring unpopular comments online... 
 
If we allow the Local Government Commission to introduce this Code of Conduct these stories will only become more common.  
 
I've studied this draft, and it’s bad. Some of our major concerns include: 
 
🔴 Criticism of staff would automatically be treated as a serious breach, shielding unelected officials from scrutiny and silencing councillors.

🔴 A single investigator would have unchecked power over materiality, intent, and sanctions, with no right of appeal. 

🔴 “Reputational harm” and “disrepute” are classed as “serious harm,” which would collapse accountability into reputation management and punishing robust criticism. 

🔴 The Code would apply to councillors’ private interactions with staff, policing personal speech beyond official duties. 

🔴 Mandated courses to “increase understanding” risk ideological remediation, punishing councillors for unpopular views. 

🔴 The Code risks normalising misuse of legal tools to suppress lawful criticism. 
 
These are just a fraction of our concerns – read our full submission here.

Under this Code, local councilors would inevitably begin to self-censor, if they aren’t already, to avoid finding themselves at the receiving end of complants. And we will all be poorer as a result.

The whole point of democracy is that we get to elect officials to speak on our behalf! How can they do this effectively, if their Code of Conduct binds them from open discourse and disagreement?

Want to know the irony of all this? Back in 2021, the Commission itself warned the Minister of Local Government about the growing tendency for code of conduct complaints to be used for political gain (yes, you read that right). Yet this is exactly what they’re opening themselves up to. 
 
We met with the Commission early in their drafting process, urging them to respect the speech rights of councilors and ratepayers, but it seems that our advice has fallen on deaf ears. 
 
Let’s change that. Call on the Local Government Commission to completely rework the Code of Conduct (or even better, to drop it all together!).

Consultation closes at the end of this week. We’ve made it so easy, it’ll only take you 90 seconds.

Want more of the details? Read the draft Code of Conduct yourself here. We’ve written our own submission on the consultation, and have urged the Chair of the Commission and the Minister for Local Government to address our concerns. Today, we’re contacting local candidates across the country to do the same. 
 
The current local government elections are not the only opportunity we have to make our voices heard.

Stand up for your speech rights, and tell the Local Government Commission not to compromise this vital, foundational feature of our democracy.

Stephanie Martin | Free Speech Union

PS. Where do your local candidates stand on free speech? Do you know who you’re voting for? Read our report that contains local candidates' responses to our recent survey to help you make an informed vote.  
 
If we allow local democracy to falter, where will that leave speech rights in our nation? Chip in to support the biggest civil liberties organisation fighting for your right to speak freely.