Compliance with Litter Act 1979 in decision making processes when removing bins from parks

Cody C made this Official Information request to Christchurch City Council

The request was successful.

From: Cody C

Dear Christchurch City Council,

On, or around, 8 June 2021 Christchurch City Council removed 840 rubbish bins from parks.

Section 9(1) of the Litter Act 1979 provides that "Every person, public authority, and department of State shall at all times provide and maintain in every public place under his or its control or management where litter is likely to be deposited, such number of litter receptacles of suitable construction and design for the temporary deposit of litter as may reasonably be necessary to keep the place free from litter."

I was not able to find any information publicly on how this decision was made (and under what authority) nor if consideration was given to the section of the Litter Act that requires public authorities to provide litter receptacles.

I have the following questions:

1. Who / which role approved this decision? If under delegated authority, please advise the relevant authority level (from the then effective DA schedule).

2. How did Council consider its regulatory position with s9(1) of the Litter Act when making this decision and form the view that removing receptacles was consistent with the intention of the Act?

3. What information was relied on to form the view that the impacted public places, being parks intended to have bins removed, were no longer likely to have litter deposited?

Please also supply the advice in full that supported the view that "The Christchurch City Council is spending $830,000 on installing the new smart bins, but it expects to save $300,000 each year.".

Yours faithfully,

Cody C

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From: Official Information
Christchurch City Council


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Kia ora Cody,

 

Thank you for your information request.

 

We are handling your request under the Local Government Official
Information and Meetings Act 1987 (LGOIMA). We have forwarded it to the
appropriate Christchurch City Council staff, and we will provide a
response or update within 20 working days of the date we received your
request. If we are unable to respond to your request by then, we will
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hesitate to contact me so that these can be taken into account.

 

If you have not had a reply within 10 working days, please email
[1][Christchurch City Council request email]

 

Kind regards,

 

Jess Griffin
Information Coordinator
Official Information

 

 

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From: Official Information
Christchurch City Council


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Attachment Memo to elected members Smart bins May 2021.pdf
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Attachment Item 3a LTP 2021 Savings Options Parks Foreshore.pdf
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Kia ora Cody,

 

On 24 May 2024, you requested the following information, under the Local
Government Official Information and Meetings Act 1987 (LGOIMA):

 

On, or around, 8 June 2021 Christchurch City Council removed 840 rubbish
bins from parks.

Section 9(1) of the Litter Act 1979 provides that "Every person, public
authority, and department of State shall at all times provide and maintain
in every public place under his or its control or management where litter
is likely to be deposited, such number of litter receptacles of suitable
construction and design for the temporary deposit of litter as may
reasonably be necessary to keep the place free from litter."

I was not able to find any information publicly on how this decision was
made (and under what authority) nor if consideration was given to the
section of the Litter Act that requires public authorities to provide
litter receptacles.

I have the following questions:

1. Who / which role approved this decision? If under delegated authority,
please advise the relevant authority level (from the then effective DA
schedule).

2. How did Council consider its regulatory position with s9(1) of the
Litter Act when making this decision and form the view that removing
receptacles was consistent with the intention of the Act?

3. What information was relied on to form the view that the impacted
public places, being parks intended to have bins removed, were no longer
likely to have litter deposited?

Please also supply the advice in full that supported the view that "The
Christchurch City Council is spending $830,000 on installing the new smart
bins, but it expects to save $300,000 each year.".

 

Staff have confirmed the below answers to your questions:

 

 1. Who / which role approved this decision? If under delegated authority,
please advise the relevant authority level (from the then effective DA
schedule).

 

During Covid, the then Council asked Operating Units to present ways to
generate savings that could be used to offset additional pandemic related
costs.  The Parks Unit had been trialling the use of a new style rubbish
bin that had smart technology and higher capacity to make emptying more
efficient and cost effective.  We were able to put forth a $300,000 pa
annual savings by applying the smart bin approach across the city. 
Council accepted this savings recommendation and then included this is its
long term plan decision for 2021-2031. Council was the decision maker.

 

2. How did Council consider its regulatory position with s9(1) of the
Litter Act when making this decision and form the view that removing
receptacles was consistent with the intention of the Act?

 

Council is aware of its role in relation to the Act and in particular
Section 9, noting that it is required to make a judgement of the
appropriate placement of receptacles (Bins) necessary to keep the place
free from litter.

 

Council regularly monitors litter issues through its service delivery
contractor (note Council will be doing this with in house services from 1
July 2024 onwards) and Customer Service Requests to manage bin placement,
emptying and fly tipping issues.   This has guided its decision making in
regard to the number and location of bins within the parks it administers,
including adding additional, or removing unnecessary bins.  

 

3. What information was relied on to form the view that the impacted
public places, being parks intended to have bins removed, were no longer
likely to have litter deposited?

 

Bin usage data, the type of reserve and the associated activities, visitor
numbers, and Customer Service Requests.

 

4. Please also supply the advice in full that supported the view that "The
Christchurch City Council is spending $830,000 on installing the new smart
bins, but it expects to save $300,000 each year.".

 

Please find attached:
The memo sent to elected members from staff on 28 May 2021.

The Parks & Foreshore activity plan for savings options for consideration
as given to elected members as part of the LTP 2021-2031 process.

 

Please see below full item line of the financial advisor for Parks (at the
time) post savings review:

 

You have the right to ask the Ombudsman to investigate and review our
decision. Complaints can be sent by email to
[1][email address].

 

Publication of responses to LGOIMA requests

Please note: our LGOIMA responses may be published on the Christchurch
City Council website a month after they have been responded to, with
requesters’ personal details withheld. If you have any concerns about
this, please contact the Official Information team on
[2][Christchurch City Council request email].

 

Yours sincerely,

 

Jess Griffin
Information Coordinator
Official Information

 

 

--------------------------------------------------------------

 

 

 

 

 

This electronic email and any files transmitted with it are intended
solely for the use of the individual or entity to whom they are addressed.
The views expressed in this message are those of the individual sender and
may not necessarily reflect the views of the Christchurch City Council.
If you are not the correct recipient of this email please advise the
sender and delete the email.

[3]Christchurch City Council logo

References

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2. mailto:[Christchurch City Council request email]
3. Christchurch City Council logo
https://ccc.govt.nz/

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