Records for Council meeting 14 June 2014
Karen Anderson made this Official Information request to Dunedin City Council
The request was refused by Dunedin City Council.
From: Karen Anderson
Dear Dunedin City Council,
My preference is to receive the requested information via the fyi.org.nz platform.
--Background to request:
On 27 May 2019 an individual requested the Council records showing the 2004 Dog Control Policy and Bylaw were properly reviewed. (See https://fyi.org.nz/request/10392-dog-con....)
Your response stated the review commenced on 14 June 2014. You did not provide a copy of the Council documents from that date as requested, merely an extract from the minutes of sub-committee meeting held on 13 October 2015 with the date 14 June 2014 highlighted,
In letter dated 16 October 2019 the Chief Executive stated that on 14 June 2014 Council “made resolutions in terms of the statutory requirements of section 155 of the Act and resolved to commence the process of making a new bylaw and associated Dog Control Policy”.
It has not been possible to find any record of that meeting, or even a reference to the occurrence of that meeting in any publicly available records. It has also not been possible to find Council resolutions dealing with the s155 statutory requirements or to commence making a new Policy and Bylaw around that date. That includes searching meeting records back to 2010 which are the earliest records that can be publicly accessed on-line.
--Request
Accordingly I have been requested to ask you to provide the full agenda and relevant reports, documents or attachments, and the full confirmed minutes for the Council meeting on 14 June 2014. It would be helpful to also provide a link to those documents on the website.
If the date of 14 June 2014 is stated in error in the official statements referred to above, please provide the correct date and the requested documents for the meeting that did deal with the s155 and other requirements for commencing the review.
--Closing
The Dunedin City Council has placed significant importance on a meeting, but disregarded its statutory obligation to produce the records when it received a polite request from a member of the public. We trust the Dunedin City Council will provide the requested information to the Dunedin Dog Bylaws Group without requiring us to involve the Ombudsman as we have been required to do so many times this year.
Yours faithfully,
Karen Anderson
On behalf of the Dunedin Dog Bylaws Group
From: Lauren McDonald
Dunedin City Council
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CNL 20151214 MIN.pdf
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ma council r DraftDogBylaw 2015 12 14.pdf
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Response letter 13 December 2019.pdf
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Dear Ms Anderson
Please find attached our response letter to your request of 27 November
2019, together with copies of the Council report and minutes related to
the review of the Dog Control Bylaw and Policy.
Yours sincerely
Lauren McDonald
Governance Support Officer
CORPORATE SERVICES GROUP
P 03 477 4000 | DD 03 474 3428 | E [1][email address]
Dunedin City Council, 50 The Octagon, Dunedin
PO Box 5045, Dunedin 9054
New Zealand
[2]www.dunedin.govt.nz
[3]DCC Main Page
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From: Karen Anderson
Dear Dunedin City Council,
I refer to your response dated 13 December 2019.
The Local Government and Official Information and Meetings Act 1987 specifies the permitted reasons for refusing to provide information. Your response indicates you are refusing to provide the information because it does not exist. Please confirm that is your response by 20 December 2019 so we can avoid having to involve the Ombudsman to obtain a response consistent with your Local Government and Official Information and Meetings Act 1987 obligations.
In terms of the statements made and information provided that is irrelevant to the information requested, the letter from the Chief Executive stated the Dunedin City Council’s position in absolute terms before declaring the matter concluded. That precludes a subordinate using a request for official information as a platform to propose their own completely different version.
Yours faithfully,
Karen Anderson
On behalf of the Dunedin Dog Bylaws Group
From: Lauren McDonald
Dunedin City Council
Dear Ms Anderson
I acknowledge receipt of your email of 17 December 2019 in which you have
raised a further question. We are treating this as a new LGOIMA request
and will provide a response within 20 workings days of receipt of this
request (i.e. 3 February 2020). Please note that this period covers
statutory days and the days between 20 December 2019 and 10 January 2020,
which are not considered working days. (as referenced from the Office of
the Ombudsman website for calculation for OIA response).
[1]https://www.ombudsman.parliament.nz/,
We hope to be able to provide a response before the end of this year, but
as there is research to be undertaken on this matter, this may not be
possible.
Yours sincerely
Lauren McDonald
Governance Support Officer
CORPORATE SERVICES GROUP
P 03 477 4000 | DD 03 474 3428 | E [2][email address]
Dunedin City Council, 50 The Octagon, Dunedin
PO Box 5045, Dunedin 9054
New Zealand
[3]www.dunedin.govt.nz
[4]DCC Main Page
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From: Karen Anderson <[FYI request #11747 email]>
Sent: Tuesday, 17 December 2019 5:54 p.m.
To: Lauren McDonald <[email address]>
Subject: Re: Official Information request - Records for Council meeting 14
June 2014.
Dear Dunedin City Council,
I refer to your response dated 13 December 2019.
The Local Government and Official Information and Meetings Act 1987
specifies the permitted reasons for refusing to provide information. Your
response indicates you are refusing to provide the information because it
does not exist. Please confirm that is your response by 20 December 2019
so we can avoid having to involve the Ombudsman to obtain a response
consistent with your Local Government and Official Information and
Meetings Act 1987 obligations.
In terms of the statements made and information provided that is
irrelevant to the information requested, the letter from the Chief
Executive stated the Dunedin City Council’s position in absolute terms
before declaring the matter concluded. That precludes a subordinate using
a request for official information as a platform to propose their own
completely different version.
Yours faithfully,
Karen Anderson
On behalf of the Dunedin Dog Bylaws Group
show quoted sections
From: Karen Anderson
Dear Dunedin City Council,
I have no obligation to provide you with an additional opportunity to produce a response that satisfies your obligations under the Local Government and Official Information and Meetings Act 1987.
Doing so does not constitute a new request. I consider it equally absurd to assert it requires research at this juncture.
I consider it deeply regrettable that yet another request for information must be referred to the Ombudsman, particularly given our efforts to avoid that outcome.
Yours faithfully,
Karen Anderson
On behalf of the Dunedin Dog Bylaws Group
From: Lauren McDonald
Dunedin City Council
I am on annual leave from 24 December 2019, return to the office on
Monday, 6 January 2020.
Wishing you a safe and happy festive season.
Lauren
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From: Sharon Bodeker
Dunedin City Council
Dear Ms Anderson
I refer to your email below, and my letter to you dated 13 December 2019.
I confirm that your request for the “full agenda and relevant reports,
documents or attachments and the full confirmed minutes for the Council
meeting on 14 June 2014” is declined under section 17(e) of the Local
Government Official Information and Meetings Act 1987, as the document
alleged to contain the information requested does not exist.
As explained to you in my letter of 13 December, there was no meeting held
on this date, and again we apologise for the inadvertent reference to this
in the letter from the Chief Executive.
As we have declined to provide you with the information requested, I
advise that you have the right to have this decision reviewed by the
Office of the Ombudsman.
Yours sincerely
Sharon Bodeker
TEAM LEADER CIVIC
P 03 477 4000 | DD 03 474 3231 | M 021 178 5337 | E
[1][email address]
Dunedin City Council, 50 The Octagon, Dunedin
PO Box 5045, Dunedin 9054
New Zealand
[2]www.dunedin.govt.nz
[3]DCC Main Page
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If this message is not intended for you please delete it and notify us
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From: Karen Anderson <[4][FOI #11747 email]>
Sent: Tuesday, 24 December 2019 1:45 p.m.
To: Lauren McDonald <[5][email address]>
Subject: RE: Official Information response - Records for Council meeting
14 June 2014.
Dear Dunedin City Council,
I have no obligation to provide you with an additional opportunity to
produce a response that satisfies your obligations under the Local
Government and Official Information and Meetings Act 1987.
Doing so does not constitute a new request. I consider it equally absurd
to assert it requires research at this juncture.
I consider it deeply regrettable that yet another request for information
must be referred to the Ombudsman, particularly given our efforts to avoid
that outcome.
Yours faithfully,
Karen Anderson
On behalf of the Dunedin Dog Bylaws Group
show quoted sections
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