CVC Restrictions on entry to pool library etc
Mathew Ultee made this Official Information request to Invercargill City Council
Response to this request is long overdue. By law Invercargill City Council should have responded by now (details and exceptions). The requester can complain to the Ombudsman.
From: Mathew Ultee
Dear Invercargill City Council,
Did the council seek legal advice before implementing this policy?
Can you please state what clause/s from which orders/acts/bills etc. this policy has been implemented under?
Was a risk assessment done and if so can I see this?
Can I see any documentation that was used to support the use of the CVC scheme at council facilities?
Can I see any and all correspondence, emails, meeting minutes, memos and or legal advice that show it is legal for a non regulated business/service (as defined under the COVID-19 Public Health Response (Protection Framework) Order 2021) to use the CVC scheme/system/rules (as defined under the COVID-19 Public Health Response (Protection Framework) Order 2021) for their customers?
Yours faithfully,
Mathew Ultee
From: Michael Morris
Invercargill City Council
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FW Official Information request CVC Restrictions on entry to pool library etc.txt
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Dear Matthew,
I refer to your request dated 24 January 2021.
I have cut and pasted your questions to this email to ensure there is
functionality. The email as it reached me is attached for your reference.
Our responses are below your questions.
Did the council seek legal advice before implementing this policy? Yes.
Can you please state what clause/s from which orders/acts/bills etc. this
policy has been implemented under? Invercargill City Council is given the
powers it needs to function in the Local Government Act 2002, Section 12
sets out the Status and powers of a Council. This gives Council the power
to make decisions on the use of its property and facilities. Council
considered this decision is for the benefit of the Community.
Was a risk assessment done and if so can I see this? See below.
Can I see any documentation that was used to support the use of the CVC
scheme at council facilities? Please follow this link to our website where
the Agenda for the December 7 2021 meeting is. The Agenda provides the
staff report that formed the basis of the Councillor decisions.
[1]https://icc.govt.nz/wp-content/uploads/2...
Below is the link to the meeting so you can follow the discussion:
[2]https://www.youtube.com/watch?v=9tOwMg8-...
The relevant meeting starts at 55 minutes into the recording.
Can I see any and all correspondence, emails, meeting minutes, memos and
or legal advice that show it is legal for a non regulated business/service
(as defined under the COVID-19 Public Health Response (Protection
Framework) Order 2021) to use the CVC scheme/system/rules (as defined
under the COVID-19 Public Health Response (Protection Framework) Order
2021) for their customers?
The Council facilities that use the CVC scheme are Public Facilities in
the Covid-19 Protection Framework.
The advice and documents you seek is contained in the Meeting Agenda for 7
December and the staff report to Council.
The link below will take you to the Agenda for PPP on 12 December where
the minutes from 7 December were confirmed. They start on page 9.
[3]https://icc.govt.nz/wp-content/uploads/2...
Kind Regards / Kā Mihi
Michael
[4][IMG] Michael Morris
Manager - Governance and Legal
[5][email address]
Phone: 032111777 • DDI: [6]032118396 • Mobile:
[7]021678363
[8]www.icc.govt.nz
101 Esk Street, Invercargill, 9810 • Private Bag 90104
[9][IMG]
This message is for the named person's use only. It may contain
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References
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1. https://icc.govt.nz/wp-content/uploads/2...
2. https://www.youtube.com/watch?v=9tOwMg8-...
3. https://icc.govt.nz/wp-content/uploads/2...
4. https://icc.govt.nz/
5. mailto:[email address]
6. file:///tmp/callto:032118396
7. file:///tmp/callto:021678363
8. http://www.icc.govt.nz/
9. https://icc.govt.nz/public-documents/con...
From: Mathew Ultee
Dear Michael Morris,
Thank you for your reply
Basically the council has taken government "advice" (I believe this to be incorrect as the current order is worded) and has done no independent legal consultation on the order or their own risk assessment (a proper risk assessment with scores/ratings and controls). Is this correct?
My concern is that the order states that only regulated business or services can use the CVC scheme as these are the only options under the order. A business or service has the right of refusal of sale as long as it doesn't discriminate unless a Covid order says otherwise.
Can you please show me what clause in the COVID-19 Public Health Response (Protection Framework) Order 2021 that the council has used to decide that a public facility is a regulated business or service.
regulated business or service has the meaning given by clause 25(3)
25 (3)
In this order,—
regulated business or service means a business or service of a kind specified in an active COVID-19 response schedule for the purpose of this clause.
As of the 3rd Feb the only regulated business or services under the order's "Schedule 7 Red" are Food and drink businesses or services, Close-proximity businesses and services, Gyms and Tertiary education providers
Unless the council has used different legislation to override the human rights act? If so can you direct me to the legislation and caluse(s) used by the council to make this decision?
I have posed a similar question to the government they have failed to answer and have only said
"Businesses and property owners are able to place conditions of entry
on access, provided they do not breach the Human Rights Act (this is
an existing right, not something specific to COVID legislation)"
or provided information relating to worker mandates. Which this does not apply.
Yours sincerely,
Mathew Ultee
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