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Legal opinion on inclusion of Silverstream Spur in PC49

Stefan Brown made this Official Information request to Upper Hutt City Council

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From: Stefan Brown

Dear Upper Hutt City Council,

I would like a copy of the legal opinion that was sought in relation to the exclusion or inclusion of the Silverstream spur from plan change 49. I also request all email correspondence from UHCC staff to the legal practice engaged in this work, and any internal corospondence between council staff or from council staff to outside parties in relation to this matter.

Yours faithfully,

Stefan Brown

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From: UHCC
Upper Hutt City Council

Good Morning Stefan,

Thank you for your email in regards to an OIA.

I have forwarded your email on to our LGOIMA Team for actioning. The team will be in contact with you directly.

Many thanks
Karen Eagle

Karen Eagle
Senior Customer Services Officer

Te Kaunihera o Te Awa Kairangi ki Uta | Upper Hutt City Council
838 - 842 Fergusson Drive, Private Bag 907, Upper Hutt 5140, New Zealand
T: +64 4 527 2169 | E: [email address]
W: www.upperhuttcity.com | F: www.fb.com/UpperHuttCityCouncil

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From: OIA Requests
Upper Hutt City Council


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Kia ora Stefan,

 

I’m emailing to let you know that we intend to respond to your below
query, however we require some more time to finalise the review of
information.

 

We intend to get back to you no later than Friday 2 September.

 

Warm regards,

Michael

 

Michael Gibbons
LGOIMA Officer

Te Kaunihera o Te Awa Kairangi ki Uta I Upper Hutt City Council

838 – 842 Fergusson Drive, Private Bag 907, Upper Hutt 5140, New Zealand
T: +64 4 527 2169 | E: [1][email address]

W: [2]www.upperhuttcity.com | F: [3]www.fb.com/upperhuttcitycouncil

 

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From: Stefan Brown

Dear OIA Requests,

Its now the 4th and I am still waiting. The public need this information to make informed choices about the upcoming plan change so releasing this information soon would be wise. This goes for my other request too.

Yours sincerely,

Stefan Brown

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From: OIA Requests
Upper Hutt City Council


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Attachment Legal Email Redacted.pdf
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Attachment Advice to Upper Hutt City Council 62247508.3.pdf
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Kia ora Stefan,

 

Thank you for your below Local Government Official Information and
Meetings Act 1987 (the Act) request dated 28 July 2022. Apologies again
for the delay in our response.

 

The document you’ve requested, “[any] legal opinion…sought in relation to
the exclusion or inclusion of the Silverstream Spur from Plan Change 49”
does not exist as a single written document, and so we cannot provide it.
Our General Counsel and Planning Policy Manager discussed by phone whether
any decision could be made on the zoning of the Silverstream Spur based on
the out of scope submissions received on the issue in the first Plan
Change 49 consultation. They determined that in order for the zoning of
the Silverstream Spur to be considered in Plan Change 49 a variation would
be necessary because the Silverstream Spur had been clearly labelled “out
of scope” in the original consultation. Our General Counsel also had a
quick discussion with Buddle Findlay to check his position on this. The
only substantive email in that discussion is included here.

 

We also attach the Buddle Findlay opinion on the historical zoning of the
Silverstream Spur, which is relevant, for your interest if you have not
already seen it. This has previously (earlier this year) been disclosed to
Forest and Bird, Save our Hills, and the Silverstream Railway. We release
this on a strictly a without prejudice, confidential and without waiver of
privilege basis.

 

I hope you find this information helpful. If you have any further
questions about this request, please get in touch.

 

If you are dissatisfied with our response, you have the right to seek an
investigation and review by the Ombudsman. Information about how to make a
complaint is available at [1]www.ombudsman.parliament.nz or freephone 0800
802 602.

 

Warm regards,

Michael

 

Michael Gibbons
LGOIMA Officer

Te Kaunihera o Te Awa Kairangi ki Uta I Upper Hutt City Council

838 – 842 Fergusson Drive, Private Bag 907, Upper Hutt 5140, New Zealand
T: +64 4 527 2169 | E: [2][email address]

W: [3]www.upperhuttcity.com | F: [4]www.fb.com/upperhuttcitycouncil

 

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