Thank you for your official information request. Usually, Council must
respond to your request no later than 20 working days after we receive it.
However, over the holiday period there are three weeks that don’t count as
working days. That period for these holidays is 20 December 2020 to 10
January 2021 inclusive.For further information regarding LGOIMA requests
please visit the Ombudsman website at www.ombudsman.parliament.nz We will
be in touch with you to progress your request after 10 January 2021. Kind
regards WDC Information Request team

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Dear Gregor,

 

I am writing to acknowledge receipt of your official information request
dated Sunday 3^rd January 2021 asking for Dumping Cessation Actions.

We received your request on Tuesday 5^th January 2021.  We will endeavour
to respond to your request as soon as possible and in any event no later
than Tuesday 9^th February, being 20 working days after the day your
request was received including public holidays. The period for these
holidays is 20 December 2020 to 10 January 2021 inclusive. Further to
seasonal holidays, Wellington Anniversary and Waitangi Day are observed on
25 January and 8 February 2021 respectfully. If we are unable to respond
to your request by then, we will notify you of an extension of that
timeframe.

If you have any queries, please feel free to contact us on (06) 349 0001
or by return email.  If any additional factors come to light which are
relevant to your request, please do not hesitate to contact us so that
these can be taken into account.

Kind regards,

Democracy Services Team

 

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Dear Mr Soar

 

I just wanted to send you a courtesy email to let you know that we are
still finalising the two remaining LGOIMAs you have requested: Rubbish
dumping and Speed survey

 

I am seeking further clarification from officers and aim to have our
decision with you by the end of this week.

 

My apologies.

 

Kind regards

Kellie Brougham

Kellie Brougham | Executive Officer
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Dear Mr Soar

 

We refer to your official information request dated 3^rd January 2021
asking for further information on actions towards illegal rubbish dumping.

 

The information you have requested is as follows.

 

1. What enforcement action does Council take to prevent this rubbish
dumping other than erecting a sign?

Under the Litter Act 1975, enforcement action can only be undertaken by
warranted officers. For these officers to be able to successfully infringe
the offender, there must be sufficient evidence available to do so (such
as photographs of the offender dumping rubbish, or material from the
rubbish providing a trail back to the offender). Generally rubbish dumping
incidents are brought to Council’s attention after the rubbish dumping has
occurred making evidence difficult to collate. Where enforcement can be
applied, the action taken is for council to charge the offender an
infringement fee of $400.

 

Please refer to the [1]Public Places, Parks and Reserves Bylaw 2016
(whanganui.govt.nz) for additional information.

 

2. How many actions were taken by Council to catch rubbish dumpers in the
last 12 months and what were those actions taken by Council?

We have investigated 26 rubbish dumping complaints.  Of those 7 litter
infringements have been issued. 

 

3. How many people have been fined for illegal rubbish dumping in
Castlecliff in the last 12 months?

5 of the 7 infringements mentioned in question 2. were in the Castlecliff
area.

 

 

4. How many people have been prosecuted for illegal rubbish dumping in the
last 12 months in Castlecliff please?

None.

 

5. How does Council expect public to take rubbish dumping signage
seriously when Council allows 24/7 driving and parking discretion on
Castlecliff Reserves where signs boldly proclaim both driving and parking
to be prohibited as evidenced by correspondence received by this rate
payer.

While this question is not, strictly speaking, a request for Official
Information, we will try to answer it.

 

We understand that members of the community express concern about the
Council's enforcement of its bylaws. We endeavour to ensure compliance
with all bylaws at all times. However, the Council does not have unlimited
resources and we must allocate those resources as fairly as possible
across the whole community. It is not feasible, for instance, for the
Council to have staff actively monitoring potential dumping sites.
Additionally, of course, the perpetrators have often departed by the time
Council officers arrive and have not left sufficient evidence to assist
enforcement.

 

As regards parking, the Council will enforce the bylaws relating to
driving and parking on Reserves but, again, the scarcity of resources and
evidence often limit the practicability of enforcement.

 

 

You have the right to seek an investigation and review by the Ombudsman of
this decision. Information about how to make a complaint is available at
[2]www.ombudsman.parliament.nz or freephone 0800 802 602.

 

If you wish to discuss this decision, please feel free to contact us on 06
349 0001 or by return email.

 

 

Yours sincerely

 

 

Kellie Brougham

 

On behalf of

Rob Goldsbury

Legal Counsel

 

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