A new councillor has been elected to the George Town council after a sitting councilor was found to be ineligible to continue in the role.
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Christopher Ashley will fill the vacancy on the council, following the removal of Richard Nicholls earlier this month.
The recount was forced after George Town general manager John Martin notified Mr Nicholls in early May that he was considered to have automatically vacated his seat on the council due to moving away from the municipality.
It is understood that Mr Nicholls moved to Launceston to renovate a property for sale, but intended to subsequently build on land owned by his wife in the George Town municipality, which he also pays rates for.
Mr Nicholls was deemed not to be occupying the land in George Town, but disputed that fact with the council.
Mr Nicholls is understood to have sought advice from the Director of Local Government Phillip Hoysted in January, and had believed he would be permitted to remain as a councillor after moving.
Mr Hoysted has indicated that the conversation with Mr Nicholls did not constitute formal advice.
Councillors must be enrolled on either the general manager’s roll or the House of Assembly roll to be eligible to sit on council.
Due to not being an Australian citizen, Mr Nicholls was on the general manager’s roll, but not the House of Assembly roll.
After moving from a rented property in Hillwood Mr Nicholls became ineligible for inclusion on the general manager’s roll.
He was therefore deemed to have automatically vacated his position on council.
Mr Nicholls had moved in February, and was unaware that his position as a councillor was no longer tenable.
Mr Nicholls continued to attend meetings of the George Town Council and to vote as a councillor.
Mr Martin indicated that although he had been aware of Mr Nicholls’ move, he did not receive legal advice until early May, which led him to declare the seat vacant.
The Hillwood Area Residents and Ratepayers Association has since written to Mr Hoysted to express their dismay at the decision.
Mr Nicholls has declined to comment on his situation, but said he wished Cr Ashley “all the best.”
“I’m sure he’ll do a great job,” he said.
Eight nominees contested the recount.
