Investigations and Prosecutions under Maritime Transport Act 1994
Marie made this Official Information request to Southland District Council
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From: Marie
Dear Southland 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
From: SDC
Southland District Council
Kia Ora,
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If this matter is urgent please call 0800 732 732 to speak with our team.
Kind regards,
+-----------------------------+
|| Customer Support |
|| Southland District Council |
|| PO Box 903 |
|| Invercargill 9840 |
|| P: 0800 732 732 |
|| [1]www.southlanddc.govt.nz |
+-----------------------------+
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From: Louise Pagan
Southland District Council
Kia ora Marie
As per your Local Government Official Information and Meetings Act request
dated 11 June, Southland District Council is a territorial authority and
as such is not involved or does not undertake investigations or
prosecutions under the Maritime Transport Act.
This falls under the responsibility of regional councils. I imagine you
have sent this request to Environment Southland, the Southland regional
council, as well, but if you haven’t and you wish for me to transfer it to
them please let me know.
If you have any concerns in relation to this response then you are able to
raise these with the Ombudsman in accordance with Section 27 (3) of the
Local Government Official Information and Meetings Act.
Ngā mihi
Louise
Louise Pagan
Strategic Communications and
Engagement Manager
Southland District Council
PO Box 903
Invercargill 9840
P: 0800 732 732
[1]www.southlanddc.govt.nz
From: Marie >
Sent: Tuesday, 11 June 2024 3:15 pm
To: General <[2][Southland District Council request email]>
Subject: Official Information request - Investigations and Prosecutions
under Maritime Transport Act 1994
This message is from an external sender
Dear Southland 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
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2. mailto:[Southland District Council request email]
3. mailto:[FOI #27225 email]
4. mailto:[Southland District Council request email]
5. https://fyi.org.nz/change_request/new?bo...
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7. mailto:[Southland District Council request email]
From: Marie
Dear Louise Pagan,
Thank you for your response. I had not sent to Environment Southland and I would appreciate if you could please forward to them. I did try find them on this site without success.
Please advise them not to spend too much time on this request and that I would appreciate any helpful information they could provide. I am well aware of the high integrity of Environment Southland regards investigating recreational boating incidents and the fact that the harbour master has in the past recused himself of being involved with an investigation when the victim is known to him.
Yours sincerely,
Marie
From: Facility Manager
Thank you for your official information request.
We have accepted a transfer of your request from the Southland District
Council and we will endeavour to respond to your request as soon as
possible and in any event no later than 20 working days from this
acknowledgement.
If we are unable to respond to your request by then, we will notify you of
an extension of that timeframe.
If you require any further information please contact us on 0800 76 88 45
or email [1][email address].
Regards
[2]Environment Southland
Corner of North Road & Price Street
Private Bag 90116
Invercargill 9840
Mon-Fri 8.00am to 5.00pm
Facility Manager
Environment Southland Te Taiao Tonga
P 03 211 5115
Cnr Price St & North Rd, Private Bag 90116, Invercargill 9840
[3][email address] | [4]es.govt.nz | [5]facebook.com/environmentsouthland
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