Wy Kanak v NSW Local Government Pecuniary Interest Tribunal & 1 Or

The appeal concerned a finding by the NSW Local Government Pecuniary Interest Tribunal that Councillor Wy Kanak had failed to declare a pecuniary interest in a matter before the council, contrary to section 451 of the *Local Government Act 1993* (NSW). The appeal was brought by Councillor Kanak against the Tribunal's decision and the penalty imposed.

The primary legal issues before the Court of Appeal were whether the Tribunal had erred in its findings regarding the contravention of section 451. Specifically, the court considered whether there was a material discrepancy between the complaint laid against Councillor Kanak and the notice of the alleged contravention, whether the procedure followed by the Tribunal was appropriate, and whether the motion before the council sufficiently disclosed the pecuniary interest without a further requirement for oral disclosure. The court also considered whether, if the finding of contravention under section 451(1) was set aside, the matter should be remitted for sentencing afresh.

The Court of Appeal allowed the appeal in part. It found that the Tribunal's finding that Councillor Kanak contravened section 451(1) of the *Local Government Act 1993* was erroneous and set aside this specific finding. However, the court upheld the Tribunal's findings that Councillor Kanak had contravened sections 451(2) and 451(3) of the Act. Consequently, the penalty imposed by the Tribunal, which was a reprimand for the breaches, remained unaltered. The Director-General was ordered to pay Councillor Kanak's costs of the appeal.