Under-fire Wellington City Councillor Ray Chung called in a lawyer after police raised concerns with the mayor over his alleged conduct during the search for a flood victim.

Chung resigned from his council leadership role as chair of a subcommittee earlier this week, saying he wanted to focus on constituents in his ward.

But it has since emerged the resignation was linked to a disciplinary process initiated by Mayor Andrew Little after concerns were raised about Chung’s interactions with a police officer and involvement in an unauthorised volunteer search effort.

What was Chung’s alleged conduct?

Wellington was put under a state of emergency after heavy rainfall on April 20 led to widespread damage.

Karori man Philip Sutton was reported missing after flash flooding destroyed his home on the Monday night, and his body was found during a search on April 22.

The day following the storm, Tuesday April 21, was treated as a “planning day” by police, with conditions deemed too unsafe to continue searching.

Despite this, Chung became involved in a group of volunteers organising search efforts, through a friend he said was connected to the Sutton family.

The Herald understands Little received what he considered to be a “complaint” from police inspector Dean Silvester on the evening of April 21.

Silvester confirmed to the Herald he spoke to Little, but said no official complaint was made, and declined to comment further.

It is understood those concerns related to Chung’s conduct towards the officer in charge of the search, and to turning up to a location alleged on social media to be connected with the case.

Chung has said he did not engage in search efforts, but instead went to the area to tell the volunteers to go home, as per police advice.

This is in conflict with Chung telling the Herald on the day that he was at the site searching for Sutton, because police were not searching themselves.

He also sent the Herald a series of photos from the area, near the property involved.

Speaking to the Herald again yesterday, Chung said he may have misspoken when he earlier said he was searching for Sutton.

“No, I wasn’t searching, I was out there, maybe I was thinking I was out there with the search or to look for the searchers, but no.

“I’m scared of the water and so there’s no way I was going to get into any water,” he said.

An image of the South Karori Rd search area, sent from Ray Chung to the Herald during the state of emergency last month. Photo / Ray Chung

Little met with Chung the following day and asked him why he travelled to the location, why he thought it was acceptable to participate in a volunteer search when police deemed it too unsafe, and questioned whether Chung exercised appropriate judgment, it is understood.

Little drafted a code of conduct referral to the council’s chief executive, which was provided to Chung for feedback.

Both the mayor’s office and Chung would not say what process followed, but the Herald understands matters became complicated once Chung’s lawyer became involved.

The mayor has since confirmed it was not handled as a code of conduct complaint.

Responding to claims he visited a property connected to the case, Chung yesterday said he “never went to [Sutton’s] house”.

Chung said he had been accused of harassing Sutton’s family, interfering with the police operation and “spreading misinformation”, claims he strongly rejected.

‘I can’t tell you anything’: Mayor and Chung tight-lipped

Questioned about the situation on Tuesday, Little refused to say what led to Chung’s resignation as chairman.

Wellington mayor Andrew Little has been tight-lipped on details, saying the update on police complaints about Chung is that he is no longer chair of the CCO Review and Appointments Subcommittee. Photo / Mark Mitchell

When asked if he could provide an update on the concerns raised by police, Little said “the update is that Ray Chung has now resigned as chair.”

“I’m not dealing with issues to do with Ray Chung now, I’m now working with the new chair [Councillor Rebecca Matthews] as she picks up that role.

“The matter is now dealt with, Ray does not have a position of responsibility.

“I can’t tell you anything,” he said.

Asked why he could not speak about it, Little said “because I can’t.”

When the Herald asked Chung why he ultimately resigned as chairman, he said he was “not allowed to talk” to media, because he would get in trouble with both the mayor’s office, and his lawyer, who he said was costing him a large amount of money.

Ethan Manera is a Wellington-based journalist covering Wellington issues, local politics and business in the capital. He can be emailed at ethan.manera@nzme.co.nz.