5 October 2021
File Ref: OIA-7-21982
Brain Warburton
By email:
[FYI request #16668 email]
Dear Mr Warburton
Request for information 2021-249
I refer to your request for information dated 8-Sep-2021, which was received by Greater Wellington
Regional Council (Greater Wellington) on 8-Sep-2021. You have requested the following:
“1. In response to my request for a copy of correspondence about this event GWRC has decided to
refuse my request "as release of the information would prejudice the maintenance of law". This
refusal is contained in a letter from Mr A Cross (GM - Environment Group) dated 16/08/2021. As a
consequence of this unequivocal response, I hereby request the following information:
(a) all information GWRC has used to come to the conclusive conclusion I've cited.
2. In his letter, Mr A Cross confirms that the wastewater discharge was not consented, and also
that the unlawful discharge was (at that time) the subject of investigation with related collation of
documents and correspondence by GWRC. In relation to this investigation by GWRC, I hereby
request the following information:
(a) a copy of the documents and correspondence GWRC has collated; and,
(b) if GWRC has come to a conclusion about prosecution under the RMA, a copy of the document
that records: what the conclusion was, who came to that conclusion, the date, the reasons why,
and the document that records that the person making that conclusion has the required delegation
under the RMA.
(c) if GWRC has not come to a conclusion about prosecution under the RMA, a copy of the
document that records the reasons why a decision has not yet been made.”
Wellington office
Upper Hutt
Masterton office
0800 496 734
PO Box 11646
PO Box 40847
PO Box 41
www.gw.govt.nz
Manners St, Wellington 6142
1056 Fergusson Drive
Masterton 5840
[Wellington Regional Council request email]
Greater Wellington’s response follows:
Part 1 of the Request
The conclusion to withhold information
"as release of the information would prejudice the
maintenance of law” was made by reference to section 6 of the Local Government Official
Information and Meetings Act 1987 (See further explanation below).
Part 2 of the Request
This matter, i.e. these wastewater discharges, are the subject of an investigation, under the Resource
Management Act 1991, by Greater Wellington officers. We cannot discuss the specifics of what
occurred or what the outcomes will be. All documents and correspondence relating to these events
which are not already in the public domain may constitute evidence in this investigation; release of
this information may prejudice this investigation.
The Resource Management Act 1991 has a limitation period in respect of an offence against the Act
to be end on the date that is 12 months after the date on which the contravention giving rise to the
charge first became known, or should have become known, to the local authority or consent
authority.
We are therefore refusing this part 2a of your request under section 17(a) of the Local Government
Official Information and Meetings Act 1987 on the basis that, by virtue of section 6 or section 7, there
is good reason for withholding the information.
I refer, in particular, to the full wording of section 6(a) of the Local Government Official Information
and Meetings Act 1987 - “
To prejudice the maintenance of the law, including the prevention,
investigation, and detection of offences, and the right to a fair trial” and to that which was
previously stated – documents, correspondence and other materials held by Greater Wellington in
relation to this event may constitute evidence in this investigation. Any alleged breach of the
Resource Management Act 1991 may be a criminal offence and, until an investigation is completed
and enforcement action determined, protection of that evidence is paramount.
No conclusion about the prosecution under the RMA has yet been reached as the investigation is
ongoing and a record of the decision is not made until the investigation is completed. We are
therefore refusing Parts 2b and 2c under section 17(e) of the Local Government Official Information
and Meetings Act 1987 on the basis that document alleged to contain the information requested
does not exist.
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If you have any concerns with the decision(s) referred to in this letter, you have the right to request
an investigation and review by the Ombudsman under section 27(3) of the Local Government Official
Information and Meetings Act 1987.
Yours sincerely
Al Cross
General Manager, Environment Management
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