Dear James

 

Local Government Official Information and Meetings Act request – Closure
of parks and public spaces

 

1.     I write to acknowledge your request for information dated 6 April
2020 regarding closure of parks and public spaces.  

 

2.     We received your request on 6 April 2020.

 

3.     This is being treated as an Official Information request, and as
such Council must meet certain criteria in how and when we respond to you,
set out in the Local Government Official Information and Meetings Act
1987.

 

4.     Your request has been provided to the relevant officers for follow
up. You will be advised of Council’s decision as soon as is reasonably
possible, and no later than 20 working days from the date we received your
request, unless we have agreed an extension to that time frame with you
before the due date.

Please note that, in line with the provisions of the Act and the
Ombudsman’s guidelines, charging may be incurred, and or information
release may take place after the response, in particular circumstances
including large requests.

 

5.     Please note that staff workloads are currently under pressure due
to the Covid-19 response, with a large number of staff working remotely
and in some cases with limited resources. Should an extension of time be
required in order for Council to respond to this request, we will
communicate this with you at the earliest opportunity. We ask for your
patience at this time and should you have any questions or concerns,
please do not hesitate to contact us at [1][Napier City Council request email]

 

Yours faithfully

 

Cheree Ball

On behalf of the Privacy Officer

 

Cheree Ball
GOVERNANCE ADVISOR
Napier City Council, Private Bag 6010, Napier 4142
t +64 6 833 9755  [2]www.napier.govt.nz
[3]Napier City Council - Te Kaunihera o Ahuriri

[4]COVID-19 (novel coronavirus)

This communication, including any attachments, is confidential. If you are
not the intended recipient, please delete it. Thank you. Refer to the
Contract and Commercial Law Act 2017 Part 4 Electronic Transactions.
Please consider the environment before printing this email.

From: James Adams <[FOI #12579 email]>
Sent: Monday, 6 April 2020 5:51 PM
To: Local Governance <[Napier City Council request email]>
Subject: Official Information request - Closure of Parks & Public Spaces

 

Dear Napier City Council,

I write in response to the recent decision to close various parks,
carparks and other public facilities, as announced on your website on 1
April this year. While I appreciate the Council is trying to play its part
in containing the spread of COVID-19, I am concerned that this decision
was not justified and may be counterproductive.

To that end, I request that you provide:
(a) the name and position of the person who made the decision referred to
above;
(b) a description of the legal basis on which that decision was made;
(c) any evidence relied on in making that decision;
(d) any guidance from the Hawkes Bay District Health Board or central
government authorities relating to the closure of parks to contain the
spread of COVID-19; and
(e) a brief description of the status of the land commonly known as
Dolbel, Sugarloaf and Maggies Way (such as its classification under the
Reserves Act or similar).

If no guidance was received from the District Health Board or central
government on this matter, I wish to know whether the Council sought
advice from these agencies or not. I am happy to be contacted by email
should you have any questions on the scope of this request.

Yours faithfully,

James Adams

-------------------------------------------------------------------

This is an Official Information request made via the FYI website.

Please use this email address for all replies to this request:
[5][FOI #12579 email]

Is [6][Napier City Council request email] the wrong address for Official Information
requests to Napier City Council? If so, please contact us using this form:
[7]https://fyi.org.nz/change_request/new?bo...

Disclaimer: This message and any reply that you make will be published on
the internet. Our privacy and copyright policies:
[8]https://fyi.org.nz/help/officers

If you find this service useful as an Official Information officer, please
ask your web manager to link to us from your organisation's OIA or LGOIMA
page.

show quoted sections

Dear James

 

Local Government Official Information and Meetings Act request – Closure
of Parks and Public Spaces – Response

 

1.     Further to your request for information dated 6 April 2020
regarding closure of parks and public spaces, we are now able to provide
you with Napier City Council’s response.

 

2.     You requested:

 

a.     the name and position of the person who made the decision referred
to above;

b.     a description of the legal basis on which that decision was made;

c.    any evidence relied on in making that decision;

d.     any guidance from the Hawkes Bay District Health Board or central
government authorities relating to the closure of parks to contain the
spread of COVID-19;

e.     a brief description of the status of the land commonly known as
Dolbel, Sugarloaf and Maggies Way (such as its classification under the
Reserves Act or similar); and  

if no guidance was received from the District Health Board or central
government on this matter, whether the Council sought advice from these
agencies or not.

 

3.     Response:

 

The decision was made by the Napier City Council Civil Defence Controller
and Team Leader Parks Reserves and Sportsgrounds pursuant to Section 88 of
the Civil Defence and Emergency Management Act and Section 3 of the Parks
and Reserves Bylaw 2014.

No specific evidence was relied upon, although it took consideration of
the much discussed risks of touch transmission.  What is known is that
this virus can stay on surfaces and is very easily transmitted between
people where social distancing is not able to be maintained. As well as
considering reducing the risk of the virus being left on surfaces, a
number of reports were also of people coming together in these areas in
numbers larger than Council felt comfortable with.

Napier City Council has not had specific guidance from the District Health
Board or Central Government authorities on this matter.  However the
messages from these organisations are very clear regarding the severity
and risks associated with Covid-19, and Napier City Council are making
decisions that are considered to be in the best interests and safety of
our community.  Council continue to liaise with our neighbouring
authorities – Hastings District Council and Hawke’s Bay Regional Council -
 to ensure informed decision making.

 

The following is a brief description of the status of the land commonly
known as Dolbel, Sugarloaf and Maggies Way (as classified under the
Reserves Act 1977.   

4.     If you have any questions with regards to your request, please do
not hesitate to contact us at [1][Napier City Council request email].

 

5.     If you are unhappy with the decision(s) communicated here, you have
the option to contact the Office of the Ombudsman to request a review. The
Ombudsman can be contacted at:

 

The Ombudsman

PO Box 10152

Wellington 6143

[2][email address]

 

or an online form can be accessed at:

[3]http://www.ombudsman.parliament.nz/make-...

 

Yours faithfully

 

Yvonne Legarth

On behalf of the Privacy Officer

 
Napier City Council, Private Bag 6010, Napier 4142
t +64 6 835 7579  [4]www.napier.govt.nz
[5]Napier City Council - Te Kaunihera o Ahuriri

[6]COVID-19 (novel coronavirus)

This communication, including any attachments, is confidential. If you are
not the intended recipient, please delete it. Thank you. Refer to the
Contract and Commercial Law Act 2017 Part 4 Electronic Transactions.
Please consider the environment before printing this email.

  

 

From: Local Governance
Sent: Tuesday, 7 April 2020 6:13 PM
To: '[FOI #12579 email]'
<[7][FOI #12579 email]>
Subject: 20056 - Official Information Request - James Adams - Closure of
parks and public spaces - ACKNOWLEDGEMENT

 

Dear James

 

Local Government Official Information and Meetings Act request – Closure
of parks and public spaces

 

1.     I write to acknowledge your request for information dated 6 April
2020 regarding closure of parks and public spaces.  

 

2.     We received your request on 6 April 2020.

 

3.     This is being treated as an Official Information request, and as
such Council must meet certain criteria in how and when we respond to you,
set out in the Local Government Official Information and Meetings Act
1987.

 

4.     Your request has been provided to the relevant officers for follow
up. You will be advised of Council’s decision as soon as is reasonably
possible, and no later than 20 working days from the date we received your
request, unless we have agreed an extension to that time frame with you
before the due date.

Please note that, in line with the provisions of the Act and the
Ombudsman’s guidelines, charging may be incurred, and or information
release may take place after the response, in particular circumstances
including large requests.

 

5.     Please note that staff workloads are currently under pressure due
to the Covid-19 response, with a large number of staff working remotely
and in some cases with limited resources. Should an extension of time be
required in order for Council to respond to this request, we will
communicate this with you at the earliest opportunity. We ask for your
patience at this time and should you have any questions or concerns,
please do not hesitate to contact us at [8][Napier City Council request email]

 

Yours faithfully

 

Cheree Ball

On behalf of the Privacy Officer

 

Cheree Ball
GOVERNANCE ADVISOR
Napier City Council, Private Bag 6010, Napier 4142
t +64 6 833 9755  [9]www.napier.govt.nz
[10]Napier City Council - Te Kaunihera o Ahuriri

[11]COVID-19 (novel coronavirus)

This communication, including any attachments, is confidential. If you are
not the intended recipient, please delete it. Thank you. Refer to the
Contract and Commercial Law Act 2017 Part 4 Electronic Transactions.
Please consider the environment before printing this email.

From: James Adams <[12][FOI #12579 email]>
Sent: Monday, 6 April 2020 5:51 PM
To: Local Governance <[13][Napier City Council request email]>
Subject: Official Information request - Closure of Parks & Public Spaces

 

Dear Napier City Council,

I write in response to the recent decision to close various parks,
carparks and other public facilities, as announced on your website on 1
April this year. While I appreciate the Council is trying to play its part
in containing the spread of COVID-19, I am concerned that this decision
was not justified and may be counterproductive.

To that end, I request that you provide:
(a) the name and position of the person who made the decision referred to
above;

(b) a description of the legal basis on which that decision was made;

(c) any evidence relied on in making that decision;
(d) any guidance from the Hawkes Bay District Health Board or central
government authorities relating to the closure of parks to contain the
spread of COVID-19; and
(e) a brief description of the status of the land commonly known as
Dolbel, Sugarloaf and Maggies Way (such as its classification under the
Reserves Act or similar).  

 

If no guidance was received from the District Health Board or central
government on this matter, I wish to know whether the Council sought
advice from these agencies or not. I am happy to be contacted by email
should you have any questions on the scope of this request.

Yours faithfully,

James Adams

-------------------------------------------------------------------

This is an Official Information request made via the FYI website.

Please use this email address for all replies to this request:
[14][FOI #12579 email]

Is [15][Napier City Council request email] the wrong address for Official
Information requests to Napier City Council? If so, please contact us
using this form:
[16]https://fyi.org.nz/change_request/new?bo...

Disclaimer: This message and any reply that you make will be published on
the internet. Our privacy and copyright policies:
[17]https://fyi.org.nz/help/officers

If you find this service useful as an Official Information officer, please
ask your web manager to link to us from your organisation's OIA or LGOIMA
page.

show quoted sections