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Ngaa mihi,

Jared Solomon 

Customer Delivery Team | Contact Centre

Waikato District Council

■ P 07 824 8633 ■ F 07 824 8091 ■Call Free0800 492 452

Private Bag 544, Ngaruawahia 3742

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From: [FYI request #27223 email]

Sent: Tuesday, June 11, 2024 3:08 PM

To: [Waikato District Council request email]

Subject: Official Information request - Investigations and prosecution
under Maritime Transport Act 1994

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

Dear Waikato District Council,

Could you please provide the following:

1. Could you please advise of any investigations and prosecutions by your
council under the Maritime Transport Act 1994 in the last 10 years (or
timeframe that doesn’t invoke the too must work refusal clause).

2. Your internal procedures/manuals and other documents in relation to
whether you investigate and prosecute or Maritime New Zealand does.

3. What is your understanding (any agreements or memorandum of
understanding with Maritime New Zealand) on decisions and how those
decisions are made as to whether you or Maritime NZ investigate
recreational boating incidents.

4. Please provide your standard operating procedures for investigating and
prosecuting under the Maritime Transport Act 1994 (or general if not
specific).

5. Please provide the criteria used to determine if you investigate an
recreation boating incident.

6. Please provide the code of conduct and conflict of interest policy in
relation to your investigators. For example, if a victim and complainant
in a recreational boat incident is a friend of one of your investigators
or officers, and then they called your officer on a weekend, then went
your officers house to complain about the incident and told your officer
how angry they were about the other people on board, and their treatment
etc…(when police and harbour master were already aware of the incident and
choose not to act) would your officer then be able to recommend and lead
an investigation into the accident including making recommendations to
prosecute the people the officers friend was angry at? (This situation did
not involve your council, or other councils, but was a situation with an
officer from a govt department investigating an incident under the
circumstances described). I am not trying to get an opinion, rather
demonstrate the angle I am taking regards policies and documents that
relate to this and would either allow or disallow that example to happen
in your organisation.

Yours faithfully,

Marie

Yours faithfully,

Marie

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

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[FYI request #27223 email]

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By email:  [FOI #27223 email]

 

 

Dear Marie,

 

RE:  REQUEST FOR INFORMATION UNDER THE LOCAL GOVERNMENT OFFICIAL
INFORMATION AND MEETINGS ACT 1987

 

We acknowledge receipt of your information request dated 11th June 2024. 

 

In accordance with the Local Government Official Information and Meetings
Act 1987 (“the Act”), Council will, as soon as reasonably practicable, and
in no case later than 20 working days after the day on which the request
is received: -

(a)           decide whether the request is to be granted and, if it is to
be granted, in what manner and for what charge (if any); and

(b)           email to you notice of the decision on the request.

Please be aware that sometimes for large requests or those requiring
consultation, we will seek an extension which the Act allows.  If so, we
will let you know and give you a specific due date; or

we may seek further information from you if we feel your request is not
clear, or we may seek to refine your request if the scope is very broad.

 

If you require any further information regarding your request please
contact Naomi Lee, Official Information and Delegations Advisor, telephone
027-2253708 or email [email address] 

 

Yours faithfully,

Records and Information Officer

Waikato District Council

Te Kaunihera aa Takiwaa o Waikato

” Waea puukoro: 0275098907 ” Nama waea: 0800 492 452 
Pouaka Poutaapeta: Private Bag 544, Ngaruawahia 3742 
Waahi Mahi: 15 Galileo Street, Ngaruawahia

 

 

 

 

 

 

Hi Marie,

 

I refer to your request for information which the Waikato District Council
(Council) received on 11 June 2024.  

 

We have an obligation under the Local Government Official Information and
Meetings Act 1987 (LGOIMA) to communicate a decision within 20 working
days, that is, by 10 July 2024.

 

We would like to clarify the following aspect/s of your request by asking
if your query relates to a specific location of interest or, a beach or
riverbed?

 

I look forward to your response.

 

 

Could you please provide the following:

1. Could you please advise of any investigations and prosecutions by your
council under the Maritime Transport Act 1994 in the last 10 years (or
timeframe that doesn’t invoke the too must work refusal clause).

2. Your internal procedures/manuals and other documents in relation to
whether you investigate and prosecute or Maritime New Zealand does.

3. What is your understanding (any agreements or memorandum of
understanding with Maritime New Zealand) on decisions and how those
decisions are made as to whether you or Maritime NZ investigate
recreational boating incidents.

4. Please provide your standard operating procedures for investigating and
prosecuting under the Maritime Transport Act 1994 (or general if not
specific).

5. Please provide the criteria used to determine if you investigate an
recreation boating incident.

6. Please provide the code of conduct and conflict of interest policy in
relation to your investigators. For example, if a victim and complainant
in a recreational boat incident is a friend of one of your investigators
or officers, and then they called your officer on a weekend, then went
your officers house to complain about the incident and told your officer
how angry they were about the other people on board, and their treatment
etc…(when police and harbour master were already aware of the incident and
choose not to act) would your officer then be able to recommend and lead
an investigation into the accident including making recommendations to
prosecute the people the officers friend was angry at? (This situation did
not involve your council, or other councils, but was a situation with an
officer from a govt department investigating an incident under the
circumstances described). I am not trying to get an opinion, rather
demonstrate the angle I am taking regards policies and documents that
relate to this and would either allow or disallow that example to happen
in your organisation.

Hi Marie,

 

We refer to your official information request dated 11 June 2024 and your
response to our request for clarification received on 17 June 2024 for
information on investigations and prosecutions under the Maritime
Transport Act 1994 (see below).

We have transferred your request to the Waikato Regional Council. The
information which your request relates to is not held by us but is
believed to be held by Waikato Regional Council.  In these circumstances,
we are required by section 12 of the Local Government Official Information
and Meetings Act 1987 to transfer your request.

You will hear further from the Waikato Regional Council concerning your
request.

 

 

Dear Naomi Lee,

 

Thank you for your message.  I am not so much concerned with an area of
interest, beach, river etc… more to do with anything under your
jurisdiction ie anything your officers investigated or prosecuted under
the Maritime Transport Act 1994 (if any), and how those decisions were
made.  I am not concerned about infringement notices for not wearing life
jackets etc.  Essentially, from Maritime New Zealand there have been
various stories in media and otherwise as to how they triage an incident
report as to whether it gets investigated, who can initiate an
investigation, as well as how decisions are made as to whether the local
councils investigate or MNZ.

 

You may have seen the Fair Go piece last year where Maritime NZ refused to
investigate an incident where a motor boat capsized rowers, ambulances
involved, leaving permanent injuries as the driver was not keeping look
out…. MNZ stated it did not meet the threshold for them to investigate and
passed it to the local body to do so, (the local body did an admiral job
under the forced circumstances, especially when the qualified person from
the local body recused themselves from the investigation due to a conflict
of interest with a victim) the result a $200 infringement notice which the
victims were unhappy with.  That compared to   Maritime NZ (their
officers) choosing to investigate (or recommend they investigate,
depending on which version of their decision policy is used) a less
serious incident when the lead MNZ officers mate is the victim, and is
angry, making absurd allegations and has the ear of his officer mate to
the extent the officer invited his victim friend to his house in the
weekend to lay his complaint. The officer then made recommendations to his
manager to prosecute his mates ex friends he was angry at and was fully
involved in the prosecution team.  I am just trying to determine if that
sort of situation is normal and acceptable (I do not believe it is) by
comparison of others with powers under the MTA and how those decisions are
made and the level of integrity involved.

 

Hopefully above demonstrates I am trying to understand the
level/seriousness of incidents that you investigate, actions take and
policies and processes in relation to that.

 

From: [1][FYI request #27223 email]

Sent: Tuesday, June 11, 2024 3:08 PM

To: [2][Waikato District Council request email]

Subject: Official Information request - Investigations and prosecution
under Maritime Transport Act 1994

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

Dear Waikato District Council,

Could you please provide the following:

1. Could you please advise of any investigations and prosecutions by your
council under the Maritime Transport Act 1994 in the last 10 years (or
timeframe that doesn’t invoke the too must work refusal clause).

2. Your internal procedures/manuals and other documents in relation to
whether you investigate and prosecute or Maritime New Zealand does.

3. What is your understanding (any agreements or memorandum of
understanding with Maritime New Zealand) on decisions and how those
decisions are made as to whether you or Maritime NZ investigate
recreational boating incidents.

4. Please provide your standard operating procedures for investigating and
prosecuting under the Maritime Transport Act 1994 (or general if not
specific).

5. Please provide the criteria used to determine if you investigate an
recreation boating incident.

6. Please provide the code of conduct and conflict of interest policy in
relation to your investigators. For example, if a victim and complainant
in a recreational boat incident is a friend of one of your investigators
or officers, and then they called your officer on a weekend, then went
your officers house to complain about the incident and told your officer
how angry they were about the other people on board, and their treatment
etc…(when police and harbour master were already aware of the incident and
choose not to act) would your officer then be able to recommend and lead
an investigation into the accident including making recommendations to
prosecute the people the officers friend was angry at? (This situation did
not involve your council, or other councils, but was a situation with an
officer from a govt department investigating an incident under the
circumstances described). I am not trying to get an opinion, rather
demonstrate the angle I am taking regards policies and documents that
relate to this and would either allow or disallow that example to happen
in your organisation.

Yours faithfully,

Marie

Yours faithfully,

Marie

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