OIR: 2324/724
4 December 2023
Alan Moule
[FYI request #24667 email]
Tēnā koe Alan,
Request for Information under the Local Government Official Information and
Meetings Act 1987 (the Act) (the LGOIMA)
Thank you for your email of
6 November 2023 requesting the following information:
Please provide all records of internal and external communication, including
meeting notes and minutes, between KDCD staff (Kris Pervan, Nicky Holden,
Sean Mallon and others) and Michael (Mike) Cardiff, or other member of the
Waikanae Chartered Club, in relation to the KCDC land that forms the access to
the rear of 4 Elizabeth Street Waikanae.
The interested date range is 01/01/2023 - 06/11/2023.
Please find attached correspondence as requested.
Please note, on page 104, there is reference to a PowerPoint presentation. This was
not received by Council and accordingly we do not hold this information.
On that basis I must decline this part of your request as the documents alleged to
contain the information requested does not exist, or despite reasonable efforts to
locate them, they cannot be found, section 17(e) of the LGOIMA refers.
The information that has been withheld (redacted) is done so under the following
sections:
• Some of the internal and external communication that you have requested is
commercially sensitive. On that basis I must withhold this information under section
7(2)(b)(i ) of the Act which allows for Council to withhold information to protect
information where the making available of the information would be likely
unreasonably to prejudice the commercial position of the person who supplied or
who is the subject of the information.
Please note that any information provided in response to your request may be published on the Council website, with
your personal details removed.
• The withholding of the information is necessary to enable any local authority
holding the information to carry out, without prejudice or disadvantage,
commercial activities, section 7(2)(h) of the LGOIMA refers.
• To enable any local authority holding the information to carry on, without
prejudice or disadvantage, negotiations (including commercial and industrial
negotiations, section 7(2)(i) of the LGOIMA refers.
In Council’s view the reasons for withholding these details are not outweighed by
public interest considerations in section 7(1) favouring their release.
You have the right to request the Ombudsman to review this decision. Complaints
can be sent by email t
o [email address], by fax to (04) 471 2254, or
by post to The Ombudsman, PO Box 10152, Wellington 6143.
Ngā mihi,
Kris Pervan
Group Manager Strategy & Growth
Te Kaihautū Rautaki me te Tupu
Please note that any information provided in response to your request may be published on the Council website,
with your personal details removed.
