List of buildings with same design flaws as CTV building

Thomas Beagle made this Official Information request to Wellington City Council

The request was refused by Wellington City Council.

From: Thomas Beagle

Dear Wellington City Council,

I understand that a list of buildings in Wellington with similar construction to the collapsed CTV building in Christchurch has been created.

Please send me a copy of this list.

Yours faithfully,

Thomas Beagle
PO Box 5641
Wellington 6145

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Alex Harris left an annotation ()

if this is for Chch, why are you asking Wellington?

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Thomas Beagle left an annotation ()

I've asked for the "list of buildings in Wellington" that might have similar construction to the CTV building in Christchurch.

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From: Chris Brown
Wellington City Council


Attachment IRO 3618 FYI Beagle 01.pdf
596K Download View as HTML


Hello Mr Beagle,

Thank you for your information request, submitted through the FYI.org.nz website.

Please find the Council response to your request attached.

Kind regards

Chris
Chris Brown
Issues Resolution Office > Wellington City Council>
101 Wakefield Street > PO Box 2199 > Wellington
(04) 801 3479
Website: www.wellington.govt.nz

-----Original Message-----
From: Thomas Beagle [mailto:[OIA #1091 email]]
Sent: Wednesday, August 21, 2013 10:35 AM
To: BUS: IRO
Subject: Official Information Act request - List of buildings with same design flaws as CTV building

Dear Wellington City Council,

I understand that a list of buildings in Wellington with similar
construction to the collapsed CTV building in Christchurch has been
created.

Please send me a copy of this list.

Yours faithfully,

Thomas Beagle
PO Box 5641
Wellington 6145

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Alex Harris left an annotation ()

Ombudsman. There's no evidence they considered the very substantial public interest in release.

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Thomas Beagle left an annotation ()

Indeed. Refusals under section 7 of LGOIMA must take into account the public interest.

http://legislation.govt.nz/act/public/19...

I'd also argue that there's nothing unreasonable about a commercial position being undermined by the truth being revealed.

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From: Thomas Beagle

Dear Chris Brown,

Thanks you for your response although I must say I find it disappointing. I would like you to reconsider your decision to not release the information.

1. Refusals under section 7 of the LGOIMA are subject to the public interest. I submit that there is a strong public interest in knowing which buildings are at risk of catastrophic failure in a major earthquake. Have you taken the public interest appropriately into account when making your decision?

2. The WCC has claimed that publication of the list may "prejudice the commercial position of the person who is subject of the information", however the subjects of the list are buildings and they cannot be considered to be people. As such, section 7(2)(b)(ii) as quoted by the council can not be said to apply.

3. Finally, even if there was an effect on the commercial position of the owners of the buildings, could this be said to be "...likely unreasonably to prejudice..."? Any changes in valuation based on better knowledge would surely have to be counted as entirely reasonable, not unreasonable. Once again, section 7(2)(b)(ii) can not be said to apply in this case.

Therefore I must reiterate my request for "a copy of the list of buildings in Wellington with similar construction to the collapsed CTV building in Christchurch."

Yours sincerely,

Thomas Beagle

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From: Chris Brown
Wellington City Council


Attachment IRO 3618 FYI Beagle 02.pdf
1.5M Download View as HTML


Hello Mr Beagle,

Thank you for your email of 16 September 2013. Please find the Council response attached.

Kind regards

Chris
Chris Brown
Issues Resolution Office > Wellington City Council>
101 Wakefield Street > PO Box 2199 > Wellington
(04) 801 3479
Website: www.wellington.govt.nz

-----Original Message-----
From: Thomas Beagle [mailto:[OIA #1091 email]]
Sent: Monday, September 16, 2013 4:28 PM
To: Chris Brown
Subject: RE: Official Information Act request - List of buildings with same design flaws as CTV building

Dear Chris Brown,

Thanks you for your response although I must say I find it
disappointing. I would like you to reconsider your decision to not
release the information.

1. Refusals under section 7 of the LGOIMA are subject to the public
interest. I submit that there is a strong public interest in
knowing which buildings are at risk of catastrophic failure in a
major earthquake. Have you taken the public interest appropriately
into account when making your decision?

2. The WCC has claimed that publication of the list may "prejudice
the commercial position of the person who is subject of the
information", however the subjects of the list are buildings and
they cannot be considered to be people. As such, section
7(2)(b)(ii) as quoted by the council can not be said to apply.

3. Finally, even if there was an effect on the commercial position
of the owners of the buildings, could this be said to be "...likely
unreasonably to prejudice..."? Any changes in valuation based on
better knowledge would surely have to be counted as entirely
reasonable, not unreasonable. Once again, section 7(2)(b)(ii) can
not be said to apply in this case.

Therefore I must reiterate my request for "a copy of the list of
buildings in Wellington with similar construction to the collapsed
CTV building in Christchurch."

Yours sincerely,

Thomas Beagle

-----Original Message-----

Hello Mr Beagle,

Thank you for your information request, submitted through the
FYI.org.nz website.

Please find the Council response to your request attached.

Kind regards

Chris
Chris Brown
Issues Resolution Office > Wellington City Council>
101 Wakefield Street > PO Box 2199 > Wellington
(04) 801 3479
Website: www.wellington.govt.nz

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Please use this email address for all replies to this request:
[OIA #1091 email]

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

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

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David Robinson left an annotation ()

They say "unconfirmed information", how could they have made the list if they didn't the information?

You aren't asking about percentage of building code but asking about buildings with similar construction. Why do they need engineers to evaluate? As surely you could look at the plans and say if construction similar or not?

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Kylie Fowler left an annotation ()

I am informed that the same engineer (not sure if that is the correct title) was involved with Stadium Southland which collapsed under snow.

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From: Chris Brown
Wellington City Council


Attachment IRO 3618 FYI Beagle 03.pdf
1.1M Download View as HTML


Hello Mr Beagle,

Please find further correspondence regarding your request for information attached

Kind regards

Chris
Chris Brown
Issues Resolution Office | Chief Executive Office | Wellington City Council
P 04 801 3479 | F 04 801 3048
E [email address] | W Wellington.govt.nz

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Things to do with this request

Anyone:
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