Change in Community Board meeting calendar
Mr M J Edmonds made this Official Information request to Far North District Council
The request was successful.
From: Mr M J Edmonds
Dear Far North District Council,
At a meeting of the Kaikohe-Hokianga Community Board (Feb 4, 2014) it was resolved to adopt a meeting calendar. I notice that the meetings have not adhered to that calendar and that the remaining meetings of 2014, also, do not adhere to the calendar.
Can you please tell me, and provide a copy of the minutes, at which public meeting did the community board adopt a new calendar? Can you also tell me, and provide any documentation, whether the alteration of the previous resolution followed the procedure outlined in the standing orders adopted by the community board?
If the community board did not adopt the new calendar, can you please tell me who, or what body, imposed the change on the community board (and supply any documents). And can you also please supply a copy of any document, or reference to any act that confers the jurisdiction and/or authority to impose this change, or indeed any change to any legal resolution that a community board has made within its jurisdiction.
Thank you.
Yours faithfully,
Mr M J Edmonds
From: ask.us@fndc.govt.nz
Far North District Council
Thank you for contacting the Far North District Council.
This is an automated reply. A member of our Ask Us Customer Services Team
will respond to your request or enquiry within 3 working days.
If you consider the situation requires urgent attention please contact us
immediately by telephone on our 24 hour (7 day) service number 0800 920
029 (only available to landlines in Far North District) or on 09 401 5200.
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Ask Us Customer Services Team
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Far North District Council | Te Kaunihera o Tai Tokerau Ki Te Raki
Ph. 09 401 5200 | Fax. 09 401 2137 | Email. [Far North District Council request email]
Address. Memorial Avenue, Private Bag 752, Kaikohe 0440, New Zealand
Please consider the environment before printing this email.
From: Mr M J Edmonds
Dear [email address],
I haven't heard anything about my request (RFS 3635641) yet. While it has not been the maximum 20 days (that is May 30th), can you tell me how it is coming along?
Yours sincerely,
Mr M J Edmonds
From: ask.us@fndc.govt.nz
Far North District Council
Good morning.
I have forwarded your query to the Legal Department for a response.
Kind Regards
Anja
Ask Us Customer Services Team
Community and Customer Services
Ph. 09 401 5200 or 0800 920 029
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Please note the reference number in the subject line of this email. If you need to contact us again regarding this request, please quote the reference number.
If you need to contact us about a different issue, please use our website form for email at www.fndc.govt.nz/contact.
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From: Mr M J Edmonds
Dear [email address],
RE: RFS 3635641
I have received no reply even though the time limit has passed. Can you please advise my of the progress of this request first thing on Tuesday so that I may be assured that it is on it's way.
Yours sincerely,
Mr M J Edmonds
From: ask.us@fndc.govt.nz
Far North District Council
Good morning.
Thank you for contacting us at the Far North District Council.
I have forwarded your query to the Legal Team for a response. Please note, your request was logged on 6 May and the 20 working day deadline is up tomorrow.
Kind Regards
Anja
Ask Us Customer Services Team
Community and Customer Services
Ph. 09 401 5200 or 0800 920 029
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Please note the reference number in the subject line of this email. If you need to contact us again regarding this request, please quote the reference number.
If you need to contact us about a different issue, please use our website form for email at www.fndc.govt.nz/contact.
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From: Mr M J Edmonds
Thanks Anja,
I have no problem with that and I am happy to wait for this one.
But can you tell me why the Electronic Transactions Act Section 11(a) doesn't apply here?
11 Time of receipt
An electronic communication is taken to be received,—
(a)in the case of an addressee who has designated an information system for the purpose of receiving electronic communications, at the time the electronic communication enters that information system; or
(b)in any other case, at the time the electronic communication comes to the attention of the addressee.
I also note that your system no longer automatically acknowledges receipt of emails.
Yours sincerely,
Mr M J Edmonds
From: ask.us@fndc.govt.nz
Far North District Council
Good afternoon, Mike.
I have forwarded your query in regards to the Electrinic Transactions Act to the Legal Department for a response. When we receive an emailed request we have 3 working days to log it in out system and as far as I am away the clock starts from when it has been logged.
In regards to automatic responses, an automatic response gets sent everytime an email is received in the ask.us inbox; however I found your email in our spam folder which would explain why you did not get an automatic response.
Kind Regards
Anja
Ask Us Customer Services Team
Community and Customer Services
Ph. 09 401 5200 or 0800 920 029
-------------------------------------------------------------------------------------------
Please note the reference number in the subject line of this email. If you need to contact us again regarding this request, please quote the reference number.
If you need to contact us about a different issue, please use our website form for email at www.fndc.govt.nz/contact.
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From: Robert Manuel
Far North District Council
2014 02 04 Kaikohe Hokianga CB Minutes.pdf
275K
Download
View as HTML
2014 03 26 Council Minutes.pdf
489K
Download
View as HTML
Dear Mr Edmonds,
In relation to your request on the above subject, I have been provided
with the following response:
“Attached are the Kaikohe-Hokianga Community Boards February meeting
minutes. This is where the Board resolved to adopt the original meeting
schedule (refer page 12, item 7.0).
The attached Council March meeting minutes is where the Council adopted
the new six weekly meeting cycle (refer page 12, item 5.4.5).”
I realise from your comments that you have probably already have seen the
February Board minutes. I note also that the Council’s March resolution
item 5.4.5 was probably intended to refer to Schedule 7 of the Local
Government Act. I acknowledge that the above response does not answer
all of your questions and I am sorry that I do not yet have full
information on this subject. I have requested further information and
will contact you again in due course.
In the meantime I see that an enquiry has been made regarding the
Electronic Transactions Act. I will respond separately on that matter.
Yours sincerely,
Robert Manuel
Legal Services Manager
Corporate Services
Far North District Council
Ph. 09 401 5200 or 0800 920 029
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From: Robert Manuel
Far North District Council
Dear Mr Edmonds,
I refer to your enquiry regarding the Electronic Transactions Act. You
have drawn attention to section 11 of that Act. We accept that section 11
of the Act applies to the Council, subject to the provisos contained in
section 9 of the Act.
On a different subject, I note that I have nearly completed my research
into the Kaikohe Rugby Club matter and will be in touch in due course.
Yours sincerely,
Robert Manuel
Legal Services Manager
Corporate Services
Far North District Council
Ph. 09 401 5200 or 0800 920 029
______________________________________________________
03-Jun-2014 15:09:59 - Anja Pohler
From: [1][Far North District Council request email]
Sent: Tuesday, 3 June 2014 3:10 p.m.
To: '[OIA #1642 email]'
Cc: [2][Far North District Council request email]
Subject: REF RFS 3635641 SDG: Official Information Act request - Change in
Community Board meeting calendar
Good afternoon, Mike.
I have forwarded your query in regards to the Electronic Transactions Act
to the Legal Department for a response. When we receive an emailed request
we have 3 working days to log it in out system and as far as I am away the
clock starts from when it has been logged.
In regards to automatic responses, an automatic response gets sent
everytime an email is received in the ask.us inbox; however I found your
email in our spam folder which would explain why you did not get an
automatic response.
Kind Regards
Anja
Ask Us Customer Services Team
Community and Customer Services
Ph. 09 401 5200 or 0800 920 029
-------------------------------------------------------------------------------------------
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From: Mr M J Edmonds
Thanks Robert. Looking forward to seeing what you find.
Yours sincerely,
Mr M J Edmonds
From: Mr M J Edmonds
Dear Robert Manuel,
Do you have an idea when the rest of this information might arrive?
To avoid confusion, I am still waiting on information that demonstrates or confers the jurisdiction/authority on the council (in this case) to impose this change, or indeed any change to any legal resolution that a community board has made within its jurisdiction
Thanks.
Yours sincerely,
Mr M J Edmonds
Mr M J Edmonds left an annotation ()
This reply was made to my personal email address:
Following a further response from my colleagues I now provide the following reply to your enquiry regarding the final question of your Community Board request.
I am advised that whilst a monthly meeting schedule was being used, earlier this year the Council decided that moving to a six-weekly meeting cycle would be advantageous. That led to the decision which you are aware of, passed on 26 March 2014, adopting a schedule of meetings for Council, its committees, and the community boards, which in the case of the Kaikohe-Hokianga Community Board included a schedule different from the one the Board adopted in February. As you can imagine, there are good administrative reasons for co-ordinating the meetings of the Council, its committees, and the community boards. I am advised that the Community Board did not pass a resolution formally adopting the new schedule, but readily acquiesced with the proposal. With respect therefore, the use of the word “imposed” is not considered to be an accurate reflection of what took place. However I am further advised that another change is impending. I have been informed that the Kaikohe-Hokianga Community Board is changing its meeting day as Wednesday does not suit all its members, and that at its July meeting the Board will pass a resolution regarding the meetings for the rest of the year.
I trust this information helps to clarify matters.
Yours sincerely,
Robert Manuel
Legal Services Manager
Corporate Services
Far North District Council
Mr M J Edmonds left an annotation ()
This was another email to y personal email address. This completes the information asked for
Dear Mr Edmonds,
In response to your email below, I wish to advise that I am obliged to decline your request for "… a copy of any document, or reference to any act that confers the jurisdiction and/or authority to impose … any change to any legal resolution that a community board has made within its jurisdiction" on the grounds that no such document exists. Section 17(e) of the Local Government Official Information and Meetings Act provides, with unsurprising logic, that an official information request can be refused on the grounds that the document or information requested does not exist.
I have provided the above response for the reason that the Council, in your words, is not legally authorised to impose changes to legal resolutions made by community boards within their jurisdiction. I should perhaps add that it is theoretically possible for a community board decision to be overturned by the High Court upon judicial review. However I cannot recall ever hearing of judicial review proceedings occurring anywhere in NZ in relation to the decisions of a community board. I will say no more on that subject as I understand from your emails that the role of the High Court is not what you have in mind and that you are really focusing on the relationship between the Council and its community boards.
Yours sincerely,
Robert Manuel
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Mr M J Edmonds left an annotation ()
The FNDC replied to me on my personal email address as they said they couldn't get through to this one. They have passed this request to their legal department today.
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