Kiama Council will vote on 14 December 2023 on whether to suspend all actions on the sale of Blue Haven Bonaira, and to seek an intervention by the Minister for Local Government to conduct an independent review of the entire process.

However, the motion could be deferred until the next ordinary Council meeting in February, following advice from Kiama Council CEO Jane Stroud that the notice of motion does not comply with sections of the Code of Meeting Practice.

The motion, submitted by Councillor Kathy Rice, comes in response to an open letter submitted by former Kiama Mayor Sandra McCarthy and former Kiama Councillor Howard R Jones, which details the flawed process that led to Council voting to divest of Blue Haven Bonaira’s assets. The letter makes the argument that Kiama Council undermined the social licence it believed it had to sell Blue Haven Bonaira in the face of community concerns.

Kiama Council’s business papers state that “Media coverage and the consequent further circulation of the letter has exposed the perception that events it chronicles are not as seamlessly acceptable as previously imagined. The community will be interested in how their Council responds to the letter.”

Kiama Council Chief Executive Officer Jane Stroud provided her response to the motion on 11 December 2023 after the initial Council business papers were released, stating there was not enough time to provide advice on the matter before business papers were finalised.

She recommended that Council vote to defer the matter to the February 2024 ordinary meeting for discussion.

One of the primary reasons for her recommendation was the financial impact incurred from continuing to run Blue Haven Bonaira, ceasing contracted work on the divestment and tender process, and the costs of bringing in an investigator from the Minister for Local Government’s office.

She said the motion could affect Council’s ability to repay a loan from TCorp that it agreed to on 29 June 2023.

“That two community members disagree with a lawfully made decision of Council is both understandable and inevitable,” Stroud said.

"Many people in the community will often agree, or disagree, with Council decisions, on a wide range of matters. Agreement or disagreement with the body politic does not change the fact that once Council has resolved its position on any matter, the decision has therefore been made, and must be implemented in accordance with the legislation.”

“This does not prevent a community member from having a view or voicing their concerns in writing or otherwise. The voicing of differing opinions is part of mature discourse in life and society.”

Kiama Council made the decision to censure Councillor Karen Renkema-Lang for voicing a differing opinion on the sale of Blue Haven Bonaira on ABC Illawarra in June 2023.

Members of the public will have the opportunity to voice their opinion on the motion at the next Public Forum, which will be held at 2pm on 14 December. Unlike most Public Forums, the December Public Forum was rescheduled to the same day as the December Ordinary Meeting to fit in remaining Council business for the remainder of the year before the Christmas break. Anyone that wants to speak at the Public Forum will need to register their interest with Kiama Council beforehand.

Kiama Council resolved to sell Blue Haven Bonaira 13 October 2022, and has been subject to community speculation whether the sales process was flawed ever since.

This story was updated at 3pm 12 December 2023 to include the response from Kiama Council CEO Jane Stroud