Copy of Court Documents
Sean Marshall made this Official Information request to Waikato Regional Council
The request was successful.
From: Sean Marshall
Dear Waikato Regional Council,
Please provide a copy of the Statement of Claim and any interlocutory applications served on the Council in the proceedings described in the article below.
https://www.stuff.co.nz/national/1287631...
Yours faithfully,
Sean Marshall
Waikato Regional Council
Thank you for contacting us. Your reference for this matter is
REF220559135.
We will respond to you within two working days.
If you have any questions, or want to provide an update please call
[1]0800 800 401 and provide your reference number.
Please note that our office hours are Monday to Friday 8am to 5pm.
If life or property is at risk, please call [2]111.
Your submitted request:
Dear Waikato Regional Council, Please provide a copy of the Statement of
Claim and any interlocutory applications served on the Council in the
proceedings described in the article below. https://
aus01.safelinks.protection.outlook.com/?url=https%3A%2F%2Fwww.
stuff.co.nz%2Fnational%2F128763165%2Fformer-council-chair-ousted-after-racist-remarks-takes-legal-action-to-get-his-job-back&data=05%7C01%7CInfo%40waikatoregion.govt.nz%7C86e4726f784a478bd9eb08da40411664%7Ce36ab77fcb694ec4bf31a94b8dacc5ca%7C0%7C0%7C637892945551700583%7CUnknown%7CTWFpbGZsb3d8eyJWIjoiMC4wLjAwMDAiLCJQIjoiV2luMzIiLCJBTiI6Ik1haWwiLCJXVCI6Mn0%3D%7C3000%7C%7C%7C&sdata=nOhilRuADS2NRHgbrJJ5YTyl5r%2B9X%2B1hYkZaP%2FQqkbo%3D&reserved=0
Yours faithfully, Sean Marshall
Thank you
Waikato Regional Council
References
Visible links
1. file:///tmp/tel:0800800401
2. file:///tmp/tel:111
From: Alyx McDonald
Kia ora Sean,
Thank you for your information request received 28 May 2022 as follows:
Dear Waikato Regional Council, Please provide a copy of the Statement of
Claim and any interlocutory applications served on the Council in the
proceedings described in the article below.
[1]https://aus01.safelinks.protection.outlo...
Council will respond as soon as possible, but in any case no later than 28
June 2022. At that time, you will be informed whether or not your request
has been granted and, if granted, when Council expects to be able to
provide you with the information.
If you have any further questions, please feel free to contact me.
Kind Regards,
Alyx McDonald
Alyx McDonald | OFFICIAL INFORMATION AND PRIVACY ADVISOR | Democracy, Customer, Community and Services
WAIKATO REGIONAL COUNCIL | Te Kaunihera ā Rohe o Waikato
P: [2]+6478584672
F: [3]facebook.com/waikatoregion
Private Bag 3038, Waikato Mail Centre, Hamilton, 3204
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References
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1. https://aus01.safelinks.protection.outlo...
2. file:///tmp/tel:+6478584672
3. https://www.facebook.com/waikatoregion
From: Sarah McLeay
Kia ora Sean
You have requested a copy of the Statement of Claim and any interlocutory
applications recently served on Waikato Regional Council. Council has
sought advice from the Hamilton High Court which has advised that:
“….The Registries position would be for the member of the public seeking a
copy of the Statement of Claim to make an Application to the Court
Pursuant to the Senior Courts (Access to Court Documents) Rules 2017….”
Council agrees that this is the most appropriate process for you to obtain
copies of these documents…”
Please contact me should you have any further queries.
Ngā mihi nui
Sarah McLeay | TEAM LEADER ‑ DEMOCRACY | Democracy, Customer, Community and Services
WAIKATO REGIONAL COUNCIL | Te Kaunihera ā Rohe o Waikato
P: [1]+6478592784
F: [2]facebook.com/waikatoregion
Private Bag 3038, Waikato Mail Centre, Hamilton, 3204
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References
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1. file:///tmp/tel:+6478592784
2. https://www.facebook.com/waikatoregion
From: Sean Marshall
Dear Sarah McLeay,
The Council will have been served with these documents. As such, it is official information held by the Council under the Local Government Official Information and Meetings Act 1987.
Under the Act, the Council is required to disclose the documents unless one of the grounds for withholding information in sections 7 to 9 apply. The fact that some other entity also holds the information (in this case, the Court) is not grounds for withholding the information request.
I note that comments from the High Court registry should not be taken as legal advice. The comments from the registry have not taken into account the Council's particular disclosure obligations under the Act.
Yours sincerely,
Sean Marshall
From: Sarah McLeay
Kia ora
This is to notify you that Council is transferring the attached official
information request received on 28 May 2022 to the Department of Justice.
The requester has been copied into this request for their information.
Please contact me, should you have any queries.
Ngā mihi nui
Sarah McLeay | TEAM LEADER ‑ DEMOCRACY | Democracy, Customer, Community and Services
WAIKATO REGIONAL COUNCIL | Te Kaunihera ā Rohe o Waikato
P: [1]+6478592784
F: [2]facebook.com/waikatoregion
Private Bag 3038, Waikato Mail Centre, Hamilton, 3204
show quoted sections
References
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1. file:///tmp/tel:+6478592784
2. https://www.facebook.com/waikatoregion
From: Sarah McLeay
Kia ora Sean
Thank you for your prompt response.
This is to let you know that Council has transferred this request to the
Department of Justice pursuant to section 12(b)(ii) of the Local
Government Official Information and Meetings Act on the basis that Council
believes that your request is more closely connected to the functions of a
department of the Crown.
Please contact me should you have any further queries.
Ngā mihi nui
Sarah McLeay | TEAM LEADER ‑ DEMOCRACY | Democracy, Customer, Community and Services
WAIKATO REGIONAL COUNCIL | Te Kaunihera ā Rohe o Waikato
P: [1]+6478592784
F: [2]facebook.com/waikatoregion
Private Bag 3038, Waikato Mail Centre, Hamilton, 3204
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From: Customer Experience Team | Waikato Regional Council
How would you rate your recent service experience with us?
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From: OIA@justice.govt.nz
Kia ora Sean,
The information you are requesting is a court record and not held by the
Ministry of Justice.
Information held by the courts, sentencing notes, court records,
transcriptions or information about a case currently before the court are
the records of courts and tribunals and are not subject to the Official
Information Act 1982. Access to these is dealt with by separate
legislation and court rules and you will need to contact the relevant
court directly, the details for the courts can be found here
[1]https://www.courtsofnz.govt.nz/utilities....
You do not have to request information in person from the courts. You can
do so by contacting them and filling out an application. This can be done
via email or by post.
Here is a link to the form you will need to complete
[2]https://www.justice.govt.nz/assets/Docum....
Ngā mihi,
Ministerial Relations and Services
Strategy, Governance and Finance
DDI: +64 4 918 8800
[3]www.justice.govt.nz
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References
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1. https://www.courtsofnz.govt.nz/utilities...
2. https://www.justice.govt.nz/assets/Docum...
3. http://www.justice.govt.nz/
From: Sarah McLeay
Sarah McLeay | TEAM LEADER ‑ DEMOCRACY | Democracy, Customer, Community and Services
WAIKATO REGIONAL COUNCIL | Te Kaunihera ā Rohe o Waikato
P: [1]+6478592784
F: [2]facebook.com/waikatoregion
Private Bag 3038, Waikato Mail Centre, Hamilton, 3240
show quoted sections
References
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1. file:///tmp/tel:+6478592784
2. https://www.facebook.com/waikatoregion
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