On 27 May 2024, the NSW Supreme Court ruled in favour of Councillor Karen Renkema-Lang, mandating Kiama Council and the Conduct Reviewer to cover court costs, after recognising significant flaws in the original investigation. 

The Supreme Court found that the heavily redacted investigation report suggested possible bias. The Chief Executive had access to the unredacted version of the report, while at the same time it was hidden from the Councillors. 

As a result of the redactions, the Councillors considering the Investigation Report were not aware that the conduct reviewer had previously investigated and reported on a complaint brought by Councillor Renkema-Lang against the Mayor. 

Therefore, the Kiama Council’s Resolution 23/350OC to censure Cllr Renkema-Lang made on 21 November 2023 was ruled invalid and of no effect.

Clr Renkema-Lang criticised Kiama Council for wasting resources on defending her unjust censure over a June 2023 radio interview with ABC. 

She emphasised the need for transparency and better decision-making within the Council, particularly given its financial challenges. 

Clr Renkema-Lang expressed disappointment at the Council for not reconsidering its actions sooner, given there was ample opportunity. 

The court decision follows Clr Renkema-Lang’s February 2024 challenge against her censure, which was agreed to be invalid by April 2024. Kiama Council has since removed the censure article from its website, signalling compliance with the court’s orders. 

While Clr Renkema-Lang feels vindicated by the NSW Supreme Court findings, she says she is deeply disappointed that Kiama Council has vested so much time and scarce resources into investigating, and then defending the actions that led to her censuring of Clr Renkema-Lang.

In a statement she said she hoped something positive would come out of the whole sorry affair: “That in future Councillors will be able to ask for and receive timely, relevant, complete and accurate information relating to decisions before Council, and that they can be transparent and honest about what has informed their individual decisions, without fear of censure. And ultimately, that Kiama Council will make better informed decisions in its efforts to correct its Financial position.”