A decision handing $120,000 to the Jazz Festival will have to be made again after Tauranga City Councillor Murray Guy's concerns about its legality were upheld.

The events support subcommittee earlier this month granted the festival $30,000, plus a $90,000 loan to help float the 50^th National Jazz Festival.

A $120,000 Tauranga City Council funding of the 50^th National Jazz Festival to be held in 2012 is uncertain. Pictured: The 48^th National Jazz Festival.

The loan will only have to be repaid if the festival makes money.

Murray protested the flagship event's continuing funding against council policy that states events have to be self funding after six years.

Murray took the issue to council staff, following which the decision has been made to reconsider the decision at the council meeting later this month.

'I think it's great it's out in the open,” says Murray.

'It's like switching on the light and hopefully elected members as a result will apply a higher level of scrutiny to the policies surrounding their decisions.

'The battle is far from over.”

Council policies are the rules by which it governs itself. A subcommittee like the events support and community investment subcommittee that decided on a split vote, and with chairperson Larry Baldock's casting vote, to give money to the jazz festival, is not empowered to go against the council's stated policy.

The full council can, but it has to state on record why any given policy is being deliberately breached.

For Murray, the issue is one of council's integrity in following its own decision making processes.

'One of the reasons I put myself forward in 2001 was over concerns regarding the application of integrity to council decisions,” says Murray.

'In my case it was relevant to stormwater.

'Accepting responsibility, being accountable, and if you were to ask me my passion, to get maximum involvement of our community in the running of our community.

'At the moment we don't have it and it's my opinion that it's largely about integrity.

'I believe the majority of the thinking community possibly feels that as a local authority, as politicians we don't have the level of integrity that warrants their support – and that's why we have such a small turnout in their voting.

'That's why when reasonably scientific surveys are done ‘where do you rate your politicians?' we are rated lower than psychics.

'We are at the bottom. We are not held in very good light, and so this elected member prior to determining an outcome on a specific issue like funding for a jazz festival, or the validity of a parade by a certain Mr Crow – my focus first and foremost tends to be on the integrity of the process that is being applied.”

Murray first received flak over jazz festival issues in 2004, again over the grants policy.

'My concern was the policy requires a clear pathway to show self sustainability,” says Murray.

'It is unequivocal. That is what is said. It is in black and white.

'Back in 2004 there wasn't that compliance either in my opinion. It's not about them still asking for money, they are only asking because we keep giving. This is not about the jazz festival. It's about what appears to be a denial, a selective application of our policies.

'I have just been appalled at the lengths to which as elected members, we will bury our heads in the sand and pretend we aren't doing this. That's what the issue for me is about.”

When the story first broke on SunLive on July 25, subcommittee chairperson Larry Baldock said the decision complied with policy and that Murray was mischief making.

'I can tell you now, that at the time of making that comment and for some days and weeks prior, the chairperson had advice from the then acting chief executive officer that the decisions were in fact non-compliant, by email. And I'm more than happy to provide that email. Does he not read his emails?”

'Despite my drawing attention to areas of compliance which went way beyond the six years, there was no financials, nothing. Zip. So the six year maximum support was just one consideration of many.”

The biggest loser is the credibility of council and the very valid events on the city events calendar, says Murray.

'There's no question the jazz festival has made a significant contribution and by all accounts 49 years now,” says Murray.

'It's a damn shame it has to be soured by these elected members who have chosen to try and circumvent the rules.”

The other issue yet to be resolved is where the issue goes next. According to council processes, the next step is the projects and monitoring committee on August 8.

He believes it is instead set for the council meting of August 15.

'Do they intend to revisit the application? Do they intend to create the opportunity to support or not support those applications? How is it going to work?

'I'm mindful that the mayor was the actual mover of the resolution, so far as the jazz festival was concerned. Is there a conflict there in also chairing the council meeting?

'These are questions I'm asking myself which I have yet to get answers to.”