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Re Official Information Act request reference 8140006625

t Austen made this Official Information request to Auckland Council

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From: t Austen

Dear Auckland Council,
Your response does not address my question.The letter of 2nd May 2019 you have attached is of a general nature and sets out the process used by Auckland Council to temporarily close the Waitakere Ranges Regional Park.
I would now like specific information, namely what statute or bylaw gives Auckland Council the authority to delegate to Te Kawerau a Maki the power to decide which tracks in the park will be re-opened ? The Environment and Community Committee expressly stated that" no tracks would be re-opened without the consent of Te Kawerau a Maki."
By way of example, Auckland Council has cited section 9 clause 5 (a) of the Public Safety and Nuisance bylaw as giving it the authority to close the Waitakere Ranges Regional Park.

Yours faithfully,

T Austen

Link to this

From: Official Information
Auckland Council

Dear T Austen,

 

We acknowledge receipt of your request for official information relating
to your request reference 8140006625. We have forwarded this request to
the council’s relevant departments to look into.

 

We will get back to you to confirm if your response will come from the
department directly or if our team will manage and respond to your request
through our more formal official information process.  

 

If you have any further queries, please contact us at 09 301 0101 or email
[1][Auckland Council request email]  

 

Kind regards

The Privacy & LGOIMA team

Auckland Council

 

From: t Austen <[FOI #12798 email]>
Sent: Thursday, 7 May, 2020 08:28 AM
To: Official Information <[email address]>
Subject: Official Information request - Re Official Information Act
request reference 8140006625

 

Dear Auckland Council,

                                      Your response does not address my
question.The letter of 2nd May 2019 you have attached is of a general
nature and sets out the process used by Auckland Council to temporarily
close the Waitakere Ranges Regional Park.

I would now like specific information, namely what statute or bylaw gives
Auckland Council the authority to delegate to Te Kawerau a Maki the power
to decide which tracks in the park will be re-opened ? The Environment and
Community Committee expressly stated that" no tracks would be re-opened
without the consent of Te Kawerau a Maki."

By way of example, Auckland Council has cited section 9 clause 5 (a) of
the Public Safety and Nuisance bylaw as giving it the authority to close
the Waitakere Ranges Regional Park.   

 

Yours faithfully,

 

T Austen

 

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

 

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

 

Please use this email address for all replies to this request:

[2][FOI #12798 email]

 

Is [3][Auckland Council request email] the wrong address for
Official Information requests to Auckland Council? If so, please contact
us using this form:

[4]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:

[5]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

Link to this

From: Official Information
Auckland Council

Kia ora Tom

 

We have now discussed your follow up question with the department
concerned and the answer to it is below.

 

The Council has not delegated authority to Te Kawerau â Maki – we have
agreed to work in partnership with Te Kawerau â Maki including to seek
agreement over the re-opening of some tracks.

 

Information on council decision making is publicly available  The legal
authority for the council to make decisions is in the  [1]Local Government
Act 2002 and the [2]Local Government (Auckland Council) Act 2009.  You can
find a detailed explanation of this authority as it applies to Auckland
Council at the link below.

 

[3]https://governance.aucklandcouncil.govt....

 

 

Ngâ mihi

 

Joanne Kearney

Ph: 09 977 1702

Privacy & Official Information Team

Democracy Services

 

From: Jenny Hua On Behalf Of Official Information
Sent: Wednesday, 13 May 2020 10:47 AM
To: t Austen <[FOI #12798 email]>
Subject: RE: Official Information request - Re Official Information Act
request reference 8140006625

 

Dear T Austen,

 

We acknowledge receipt of your request for official information relating
to your request reference 8140006625. We have forwarded this request to
the council’s relevant departments to look into.

 

We will get back to you to confirm if your response will come from the
department directly or if our team will manage and respond to your request
through our more formal official information process.  

 

If you have any further queries, please contact us at 09 301 0101 or email
[4][Auckland Council request email]  

 

Kind regards

The Privacy & LGOIMA team

Auckland Council

 

From: t Austen <[5][FOI #12798 email]>
Sent: Thursday, 7 May, 2020 08:28 AM
To: Official Information <[6][email address]>
Subject: Official Information request - Re Official Information Act
request reference 8140006625

 

Dear Auckland Council,

                                      Your response does not address my
question.The letter of 2nd May 2019 you have attached is of a general
nature and sets out the process used by Auckland Council to temporarily
close the Waitakere Ranges Regional Park.

I would now like specific information, namely what statute or bylaw gives
Auckland Council the authority to delegate to Te Kawerau a Maki the power
to decide which tracks in the park will be re-opened ? The Environment and
Community Committee expressly stated that" no tracks would be re-opened
without the consent of Te Kawerau a Maki."

By way of example, Auckland Council has cited section 9 clause 5 (a) of
the Public Safety and Nuisance bylaw as giving it the authority to close
the Waitakere Ranges Regional Park.   

 

Yours faithfully,

 

T Austen

 

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

 

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

 

Please use this email address for all replies to this request:

[7][FOI #12798 email]

 

Is [8][Auckland Council request email] the wrong address for
Official Information requests to Auckland Council? If so, please contact
us using this form:

[9]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:

[10]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

Link to this

From: t Austen

Dear Official Information,
Once again you have not answered my question. Auckland Council may have agreed to work in partnership with Te Kawerau a Maki but the fact remains that by resolving that " no tracks would be re-opened without the consent of Te Kawerau a Maki" Te Kawerau a Maki has been given the final say over whether tracks in the Waitakere Ranges Regional Park will be re-opened. If they do not agree a track, or tracks, will not be re-opened.
The information you have provided on the Council's legal authority to make decisions is of a general nature. I requested specific information ; namely what section(s), subsection(s) and clause(s) of the two acts you have referred to in your reply give Auckland Council the authority to allow Te Kawerau a Maki the final say on whether tracks in the Waitakere Ranges Regional Park will be re-opened ?
By way of example, Auckland Council has cited section 9 clause 5 (a) of
the Public Safety and Nuisance bylaw as giving it the authority to close
the Waitakere Ranges Regional Park. This is the sort of detail I am requesting.

Yours faithfully,
T Austen

Link to this

From: Official Information
Auckland Council

Kia ora Tom
 
In answer to your further follow up question below. The information you
have requested is publicly available. The authority given to the council
to make decisions is contained in more than one particular section of
these statutes.
 
The information in Auckland Council’s Governance Manual to which I have
previously linked you, is a summary of the effect of the parts of the
legislation which gives the council its decision making powers under which
this decision was made.
 
We have released information to you previously in response to this LGOIMA
which explains the nature of our partnership with Te Kawerau ā Maki.
 
 
Ngā mihi
 
Joanne Kearney
021 195 4873
Senior Business Partner
Privacy & LGOIMA Team
 
 
 
_____________________________________________
From: t Austen <[FOI #12798 email]>
Sent: Friday, 15 May 2020 6:14 AM
To: Official Information <[email address]>
Subject: Re: Answer to your follow up question
 
 
Dear Official Information,
                                         Once again you have not answered
my question. Auckland Council may have agreed to work in partnership with
Te Kawerau a Maki but the fact remains that by resolving that " no tracks
would be re-opened without the consent of Te Kawerau a Maki" Te Kawerau a
Maki has been given the final say over whether tracks in the Waitakere
Ranges Regional Park will be re-opened. If they do not agree a track, or
tracks, will not be re-opened.
The information you have provided on the Council's  legal authority to
make decisions is of a general nature. I requested specific information ;
namely what section(s), subsection(s) and clause(s) of the two acts you
have referred to in your reply give Auckland Council the authority to
allow Te Kawerau a Maki the final say on whether tracks in the Waitakere
Ranges Regional Park will be re-opened ?
By way of example, Auckland Council has cited section 9 clause 5 (a) of
the Public Safety and Nuisance bylaw as giving it the authority to close
the Waitakere Ranges Regional Park.  This is the sort of detail I am
requesting.
 
Yours faithfully,
                          T Austen
 

show quoted sections

Link to this

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