Compliance Policy Inquiry

Sean Marshall made this Official Information request to Wellington City Council

The request was partially successful.

From: Sean Marshall

Dear Wellington City Council,

This is an official information request.

1) Does the Council have a policy (either in writing or otherwise) as to what types and degrees of non-compliance with the Council's obligations under national direction issued under the Resource Management Act 1991 are acceptable for the council.

2) if the answer to 1 is yes, please provide me a copy of the policy (if in writing) or a statement of the policy (if not in writing)

3) please provide me a copy of any correspondence between the Council and the Ministry for the Environment or any other ministry or Crown entity where the Council's compliance with national direction has been a topic of discussion.

Yours faithfully,

Sean Marshall

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From: BUS: Assurance
Wellington City Council

Tēnā koe Sean

Thank you for your email dated 7 October 2022 requesting information about our Compliance Policy.

Our team will manage your request under the Local Government Official Information and Meetings Act 1987 which requires us to provide a decision as soon as possible, but no later than 5 November 2021, being 20 working days of receipt.

The reference number for your request is IRC-2455.

Please contact us if you have any further questions.

Kind regards

The Assurance Team
Email: [email address]
Wellington City Council | W Wellington.govt.nz |

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From: BUS: Assurance
Wellington City Council


Attachment City Consenting and Compliance ENFORCEMENT POLICY CCC.pdf
649K Download View as HTML


Hello Sean,

Thank you for your patience while I spoke with Officers about your request.

In response, the information I have been provided for you is as follows -

1) Does the Council have a policy (either in writing or otherwise) as to what types and degrees of non-compliance with the Council's obligations under national direction issued under the Resource Management Act 1991 are acceptable for the council.

Yes, Council’s enforcement policy regarding breaches of the RMA is enclosed . The Council, similar to all regulatory bodies has discretion with regards to whether to undertake enforcement action and if so what action to take.

The enclosed policy explains how we make such compliance and enforcement decisions.

2) if the answer to 1 is yes, please provide me a copy of the policy (if in writing) or a statement of the policy (if not in writing)

Enclosed, as advised above.

3) please provide me a copy of any correspondence between the Council and the Ministry for the Environment or any other ministry or Crown entity where the Council's compliance with national direction has been a topic of discussion

What I can best provide you in response to this is the link to the Government's National Monitoring System, where the information relating to all local authorities can be found - https://environment.govt.nz/what-governm...

Kind regards

Chris
Chris Brown | He/Him
Official Information | Wellington City Council
P 04 803 8368 | E [email address] |
W Wellington.govt.nz

The information contained in this email is privileged and confidential and intended for the addressee only.
If you are not the intended recipient, you are asked to respect that confidentiality and not disclose, copy or make use of its contents.
If received in error you are asked to destroy this email and contact the sender immediately. Your assistance is appreciated.

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From: Sean Marshall

Hi,

In hindsight, I realise my request for information was ambiguous and has been misinterpreted. I am seeking information about policies relating breaches of national direction by the Council. In other words, does the council have a policy governing what breaches (and to what degree) by the Council of national direction will be tolerated?

Can you please respond to my initial questions considering this clarification?

Yours sincerely,

Sean Marshall

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From: Chris Brown
Wellington City Council

Hello Sean,

Thank you for coming back to us, and please accept ,my apologies for the incorrect interpretation of your request.

I will speak with the relevant officers and come back to you with a response.

Kind regards

Chris
Chris Brown | He/Him
Official Information | Wellington City Council
P 04 803 8368 | E [email address] |
W Wellington.govt.nz

The information contained in this email is privileged and confidential and intended for the addressee only.
If you are not the intended recipient, you are asked to respect that confidentiality and not disclose, copy or make use of its contents.
If received in error you are asked to destroy this email and contact the sender immediately. Your assistance is appreciated.

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From: Chris Brown
Wellington City Council

Hello Sean,

Please accept my apologies for the time taken to provide you with this response.

I have spoken with officers who were best placed to answer this question, after your refinement, and can advise you of the following -

There is no Council policy relating to breaches of national direction. However, the Council must adhere to the terms of the Local Government Act, which can be viewed at https://www.legislation.govt.nz/act/publ...

Kind regards

Chris
Chris Brown | He/Him
Official Information | Wellington City Council
P 04 803 8368 | E [email address] |
W Wellington.govt.nz

The information contained in this email is privileged and confidential and intended for the addressee only.
If you are not the intended recipient, you are asked to respect that confidentiality and not disclose, copy or make use of its contents.
If received in error you are asked to destroy this email and contact the sender immediately. Your assistance is appreciated.

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