Oamaru Mail Article
John Walker made this Official Information request to Waitaki District Council
The request was partially successful.
      From: John Walker
      
    
    Dear Waitaki District Council,
On August 23, 2024, the Oamaru Mail published an article by Waitaki District Council with the following headline:
" DON'T LET YOUR COCK BECOME A NUISANCE".
This article was in regards to rooster complaints in the Waitaki area.
Are the statements made in the article true and accurate, and does the Council stand behind those statements?
Yours faithfully,
Peter Walker
Heidi Thomson
        From: Lgoima
        Waitaki District Council
      
    
    Good morning, Peter, and Heidi
 
This email is to acknowledge receipt of your Official Information request
 regarding: OIA-1433 Oamaru Mail Article
 
We will endeavour to respond to your request as soon as possible and in
 any event no later than 11 October 2024 being 20 working days after the
 day your request was received.
If we are unable to respond to your request by then, we will notify you of
 an extension of that timeframe.
 
Further information can be found via the Ombudsman’s office which explains
 how Requests for Information are dealt with:
 [1]http://www.ombudsman.parliament.nz/
 
Please note that as well as responding directly to you, Waitaki District
 Council may also choose to release responses to requests for information
 on the council website.
Information requested by the media, from public sector organisations and
 MPs will always be published. 
 
In order to protect the privacy of individuals, we will not generally
 publish information specific to an individual or their property, or
 information that identifies individual requesters.
 
 
 
Kind regards
 
 
 
 
 
Lgoima Waitaki
Lgoima Management Team District
 Council
Email:[Waitaki District Council request email]
Web: [2]www.waitaki.govt.nz Private
Tel: +64 3 433 0300 Bag
 50058
 Oamaru
 Waitaki
 District
 Otago
 9444
 New [3]Waitaki-District-Council.png
 Zealand [4][IMG] [5][IMG] [6][IMG] [7][IMG] [8][IMG] 
The information transmitted, including attachments, is intended only for the
person(s) or entity to which it is addressed and may contain confidential and/or
privileged material. Any review, retransmission, dissemination, or other use of, or
taking of any action in reliance upon this information by persons or entities other
than the intended recipient is prohibited. If you received this in error, please
contact the sender and destroy any copies of this information.
 
 
 
 
From: John Walker <[FOI #28401 email]>
 Sent: Sunday, September 15, 2024 11:50 AM
 To: Lgoima <[Waitaki District Council request email]>
 Subject: Official Information request - Oamaru Mail Article
 
[9][THIS EMAIL IS FROM AN EXTERNAL SOURCE] DO NOT CLICK links or
 attachments unless you recognise the sender email address and know the
 content is safe.
Dear Waitaki District Council,
On August 23, 2024, the Oamaru Mail published an article by Waitaki
 District Council with the following headline:
" DON'T LET YOUR COCK BECOME A NUISANCE".
This article was in regards to rooster complaints in the Waitaki area.
Are the statements made in the article true and accurate, and does the
 Council stand behind those statements?
Yours faithfully,
Peter Walker
 Heidi Thomson
-------------------------------------------------------------------
This is an Official Information request made via the FYI website.
Please use this email address for all replies to this request:
 [10][FOI #28401 email]
Is [11][Waitaki District Council request email] the wrong address for Official Information
 requests to Waitaki District Council? If so, please contact us using this
 form:
 [12]https://fyi.org.nz/change_request/new?bo...
Disclaimer: This message and any reply that you make will be published on
 the internet. Our privacy and copyright policies:
 [13]https://fyi.org.nz/help/officers
If you find this service useful as an Official Information officer, please
 ask your web manager to link to us from your organisation's OIA or LGOIMA
 page.
show quoted sections
        From: Lgoima
        Waitaki District Council
      
    
     
 Good afternoon, Peter
 
I refer to your Official Information request dated 15 September 2024
 regarding OIA-1433 Oamaru Mail Article.
 
You requested the below information:
 
On August 23, 2024, the Oamaru Mail published an article by Waitaki
 District Council with the following headline:
" DON'T LET YOUR COCK BECOME A NUISANCE".
This article was in regards to rooster complaints in the Waitaki area.
Are the statements made in the article true and accurate, and does the
 Council stand behind those statements?
Council Officers have reviewed your request and provided the following
 response:
 
Yes.  We stand by the statements made.
 
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.
 
If you wish to discuss this information with us, please feel free to
 contact: Lgoima   [2][Waitaki District Council request email]
 
Kind regards
 
 
 
 
 
 
Lgoima Waitaki
Lgoima Management Team District
 Council
Email:[Waitaki District Council request email]
Web: [3]www.waitaki.govt.nz Private
Tel: +64 3 433 0300 Bag
 50058
 Oamaru
 Waitaki
 District
 Otago
 9444
 New [4]Waitaki-District-Council.png
 Zealand [5][IMG] [6][IMG] [7][IMG] [8][IMG] [9][IMG] 
The information transmitted, including attachments, is intended only for the
person(s) or entity to which it is addressed and may contain confidential and/or
privileged material. Any review, retransmission, dissemination, or other use of, or
taking of any action in reliance upon this information by persons or entities other
than the intended recipient is prohibited. If you received this in error, please
contact the sender and destroy any copies of this information.
 
 
From: John Walker <[10][FOI #28401 email]>
 Sent: Sunday, September 15, 2024 11:50 AM
 To: Lgoima <[11][Waitaki District Council request email]>
 Subject: Official Information request - Oamaru Mail Article
 
[12][THIS EMAIL IS FROM AN EXTERNAL SOURCE] DO NOT CLICK links or
 attachments unless you recognise the sender email address and know the
 content is safe.
Dear Waitaki District Council,
On August 23, 2024, the Oamaru Mail published an article by Waitaki
 District Council with the following headline:
" DON'T LET YOUR COCK BECOME A NUISANCE".
This article was in regards to rooster complaints in the Waitaki area.
Are the statements made in the article true and accurate, and does the
 Council stand behind those statements?
Yours faithfully,
Peter Walker
 Heidi Thomson
-------------------------------------------------------------------
This is an Official Information request made via the FYI website.
Please use this email address for all replies to this request:
 [13][FOI #28401 email]
Is [14][Waitaki District Council request email] the wrong address for Official Information
 requests to Waitaki District Council? If so, please contact us using this
 form:
 [15]https://fyi.org.nz/change_request/new?bo...
Disclaimer: This message and any reply that you make will be published on
 the internet. Our privacy and copyright policies:
 [16]https://fyi.org.nz/help/officers
If you find this service useful as an Official Information officer, please
 ask your web manager to link to us from your organisation's OIA or LGOIMA
 page.
show quoted sections
      From: John Walker
      
    
    Dear Lgoima,
One of the statements reported in the article reads: 
" Roosters aren't permitted in urban areas in Waitaki, unless you're breeders and/or exhibitors of purebred poultry who are also members of any club or society affiliated to the NZ Poultry, Pigeon & Cage Bird Associations."
Does Council  agree that membership alone,  in any club or society affiliated to the NZ Poultry, Pigeon & Cage Bird Associations,  does not entitle that person the right to keep rooster/s in any urban area in the Waitaki District?
Yours sincerely,
Peter Walker
Heidi Thomson
        From: Lgoima
        Waitaki District Council
      
    
    Good afternoon,
 
The council has been trying to get in touch with you to offer a meeting to
 personally addresses any further concerns you may have.
 
We do not have any further opinion to offer.
 
Please contact the Council directly for further clarification on the
 information we have already supplied to you and we will make a time to
 meet with you.
 
 
Sincerely,
Information Management Team
Waitaki District [1]Waitaki District Council Draft District Plan |
 Council Let's Talk ...
 Private Bag 50058 [2][IMG] [3][IMG] [4][IMG] [5][IMG] 
 Oamaru
 Waitaki District
 Otago 9444
 New Zealand
 The information transmitted, including attachments, is intended only for
 the person(s) or entity to which it is addressed and may contain
 confidential and/or privileged material. Any review, retransmission,
 dissemination or other use of, or taking of any action in reliance upon
 this information by persons or entities other than the intended recipient
 is prohibited. If you received this in error please contact the sender and
 destroy any copies of this information.
 
 
From: John Walker <[FOI #28401 email]>
 Sent: Thursday, 19 September 2024 1:05 pm
 To: Lgoima <[Waitaki District Council request email]>
 Subject: Re: OIA-1433 Oamaru Mail Article
 
[6][THIS EMAIL IS FROM AN EXTERNAL SOURCE] DO NOT CLICK links or
 attachments unless you recognise the sender email address and know the
 content is safe.
Dear Lgoima,
One of the statements reported in the article reads:
 " Roosters aren't permitted in urban areas in Waitaki, unless you're
 breeders and/or exhibitors of purebred poultry who are also members of any
 club or society affiliated to the NZ Poultry, Pigeon & Cage Bird
 Associations."
 Does Council agree that membership alone, in any club or society
 affiliated to the NZ Poultry, Pigeon & Cage Bird Associations, does not
 entitle that person the right to keep rooster/s in any urban area in the
 Waitaki District?
Yours sincerely,
Peter Walker
 Heidi Thomson
show quoted sections
      From: John Walker
      
    
    Dear Lgoima,
I am not asking for your personal opinion, I am seeking legal clarification regarding who is allow to keep a rooster on a urban property in the Waitaki District. There seems to be some confusion surrounding this subject so it would be beneficial for the ratepayers of Waitaki, if Council could clarify this situation by answering the following question thanks.
Does Council agree that membership alone, in any club or society affiliated to the NZ Poultry, Pigeon & Cage Bird Associations, does not entitle that person the right to keep rooster/s in any urban area in the Waitaki District?
Yours sincerely,
Peter Walker
Heidi Thomson
        From: Lgoima
        Waitaki District Council
      
    
    Good afternoon, Peter, and Heidi
 
Clarification has been answered in previous correspondence. 
 
Your questions can be discussed further in a meeting with one of our
 Council Officers. 
 
Please contact us if you would like us to arrange a meeting.
 
Kind regards
 
 
 
 
Information Management Team
Waitaki District [1]Waitaki District Council Draft District Plan |
 Council Let's Talk ...
 Private Bag 50058 [2][IMG] [3][IMG] [4][IMG] [5][IMG] 
 Oamaru
 Waitaki District
 Otago 9444
 New Zealand
 The information transmitted, including attachments, is intended only for
 the person(s) or entity to which it is addressed and may contain
 confidential and/or privileged material. Any review, retransmission,
 dissemination or other use of, or taking of any action in reliance upon
 this information by persons or entities other than the intended recipient
 is prohibited. If you received this in error please contact the sender and
 destroy any copies of this information.
 
 
From: John Walker <[FOI #28401 email]>
 Sent: Thursday, September 26, 2024 1:21 PM
 To: Lgoima <[Waitaki District Council request email]>
 Subject: Re: OIA-1433 Oamaru Mail Article
 
[6][THIS EMAIL IS FROM AN EXTERNAL SOURCE] DO NOT CLICK links or
 attachments unless you recognise the sender email address and know the
 content is safe.
Dear Lgoima,
I am not asking for your personal opinion, I am seeking legal
 clarification regarding who is allow to keep a rooster on a urban property
 in the Waitaki District. There seems to be some confusion surrounding this
 subject so it would be beneficial for the ratepayers of Waitaki, if
 Council could clarify this situation by answering the following question
 thanks.
Does Council agree that membership alone, in any club or society
 affiliated to the NZ Poultry, Pigeon & Cage Bird Associations, does not
 entitle that person the right to keep rooster/s in any urban area in the
 Waitaki District?
Yours sincerely,
Peter Walker
 Heidi Thomson
show quoted sections
      From: John Walker
      
    
    Dear Lgoima,
Please provide link showing Council's answer to question thanks?
Yours sincerely,
Peter Walker
Heidi Thomson
        From: Lgoima
        Waitaki District Council
      
    
     
Dear Peter and Heidi
 
There are emails between yourselves and our Regulatory Officer and which
 have the information and answers to your questions. 
 
We suggest that these are sent to your personal email rather than the FYI
 website. 
 
Please let us know which you prefer.
 
Thank you
 
 
 
 
 
Information Management Team
Waitaki District [1]Waitaki District Council Draft District Plan |
 Council Let's Talk ...
 Private Bag 50058 [2][IMG] [3][IMG] [4][IMG] [5][IMG] 
 Oamaru
 Waitaki District
 Otago 9444
 New Zealand
 The information transmitted, including attachments, is intended only for
 the person(s) or entity to which it is addressed and may contain
 confidential and/or privileged material. Any review, retransmission,
 dissemination or other use of, or taking of any action in reliance upon
 this information by persons or entities other than the intended recipient
 is prohibited. If you received this in error please contact the sender and
 destroy any copies of this information.
 
 
 
Dear Lgoima,
Please provide link showing Council's answer to question thanks?
Yours sincerely,
Peter Walker
 Heidi Thomson
show quoted sections
      From: John Walker
      
    
    Dear Lgoima,
Yes, I had received several emails from your Regulatory Officers. The first email I got from your Regulatory Services Officer stated the following:
" I have received an email from the owners of the Rooster that, they have joined the SI Poultry Association, which if proof is provided, which I have asked for, will allow them to keep their rooster"
The second email I received from your Regulatory Manager, made the following statement:
"Being a member of the Poultry, Pigeon and Cage Bird Association only allows a person to own a rooster within an urban environment."
These statements do not correspond with the statement made by Council in the Oamaru Mail article, nor does it correspond with Waitaki General Bylaw Part 5 (56)(57) which reads as follows:
"56. A person must not keep or allow a rooster to be kept on any Rateable Property in an
urban area.
57. Bylaw 56 of these Bylaws shall not apply to breeders and/or exhibitors of purebreed
poultry who are also members of any club or society affiliated to the New Zealand (SI)
Poultry, Pigeon & Cage Bird Associations (Inc) subject to those breeders and/or exhibitors
not breaching Bylaw 54 of these Bylaws."
Due to these conflicting statements, it would be beneficial for the ratepayers of Waitaki, if Council could clarify this situation by answering the question below, in regards to Waitaki General Bylaw 57.
Does Council agree that membership alone, in any club or society affiliated to the NZ Poultry, Pigeon & Cage Bird Association, does not entitle that person the right to keep rooster/s in an urban area in the Waitaki District?
A simple Yes or No will suffice.
Yours sincerely,
Peter Walker
Heidi Thomson
        From: Lgoima
        Waitaki District Council
      
    
     
 
 
 
Kia ora Peter and Heidi
 
Thank you for your recent request regarding OIA-1449 Rooster made under
 the Local Government Official Information and Meetings Act (LGOIMA).  We
 hereby acknowledge receipt of your request and will proceed with the
 necessary actions to address it promptly.
 
Please note that we will endeavor to respond to your request as soon as
 possible and no later than Monday 4 November 2024 following
 the statutory timeframe of 20 working days* after the day your request
 was received, as prescribed by LGOIMA. Should any additional information
 or clarification be required, we will contact you accordingly.
* The response date shown takes into account Labour Day (4 November
 2024). 
If we are unable to respond to your request by then, we will notify you
 of an extension of that timeframe.
We appreciate your patience and understanding as we work to fulfill your
 request.
Pro-active Release Privacy
 Please note that as well as In order to protect the privacy of
 responding directly to you, Waitaki individuals, we will not generally
 District Council may also choose to publish information specific to an
 release responses to requests for individual or their property, or
 information on the council information that identifies
 website. Information requested by the individual requesters.
 media, from public sector
 organisations and MPs will always be
 published.
 
Further information can be found via the Ombudsman’s office which
 explains how Requests for Information are dealt
 with: [1]http://www.ombudsman.parliament.nz/   
 
 
Sincerely,
Information Management Team
Waitaki District [2]Waitaki District Council Draft District Plan |
 Council Let's Talk ...
 Private Bag 50058 [3][IMG] [4][IMG] [5][IMG] [6][IMG] 
 Oamaru
 Waitaki District
 Otago 9444
 New Zealand
 The information transmitted, including attachments, is intended only for
 the person(s) or entity to which it is addressed and may contain
 confidential and/or privileged material. Any review, retransmission,
 dissemination or other use of, or taking of any action in reliance upon
 this information by persons or entities other than the intended
 recipient is prohibited. If you received this in error please contact
 the sender and destroy any copies of this information.
 
From: John Walker <[FOI #28401 email]>
 Sent: Friday, October 4, 2024 4:58 PM
 To: Lgoima <[Waitaki District Council request email]>
 Subject: Re: Communications regarding: Rooster complaints
 
[7][THIS EMAIL IS FROM AN EXTERNAL SOURCE] DO NOT CLICK links or
 attachments unless you recognise the sender email address and know the
 content is safe.
Dear Lgoima,
Yes, I had received several emails from your Regulatory Officers. The
 first email I got from your Regulatory Services Officer stated the
 following:
" I have received an email from the owners of the Rooster that, they have
 joined the SI Poultry Association, which if proof is provided, which I
 have asked for, will allow them to keep their rooster"
The second email I received from your Regulatory Manager, made the
 following statement:
"Being a member of the Poultry, Pigeon and Cage Bird Association only
 allows a person to own a rooster within an urban environment."
These statements do not correspond with the statement made by Council in
 the Oamaru Mail article, nor does it correspond with Waitaki General Bylaw
 Part 5 (56)(57) which reads as follows:
"56. A person must not keep or allow a rooster to be kept on any Rateable
 Property in an
 urban area.
57. Bylaw 56 of these Bylaws shall not apply to breeders and/or exhibitors
 of purebreed
 poultry who are also members of any club or society affiliated to the New
 Zealand (SI)
 Poultry, Pigeon & Cage Bird Associations (Inc) subject to those breeders
 and/or exhibitors
 not breaching Bylaw 54 of these Bylaws."
Due to these conflicting statements, it would be beneficial for the
 ratepayers of Waitaki, if Council could clarify this situation by
 answering the question below, in regards to Waitaki General Bylaw 57.
Does Council agree that membership alone, in any club or society
 affiliated to the NZ Poultry, Pigeon & Cage Bird Association, does not
 entitle that person the right to keep rooster/s in an urban area in the
 Waitaki District?
A simple Yes or No will suffice.
Yours sincerely,
 Peter Walker
 Heidi Thomson
show quoted sections
      From: John Walker
      
    
    Dear Lgoima,
This is not a new request but a reiteration of the original question. Therefore, Council has until the 11 October to reply.
If Council fails to respond by the above due date, I will be forced to lodge a complaint with the Ombudsman thanks.
Yours sincerely,
Peter Walker
Heidi Thomson
        From: Lgoima
        Waitaki District Council
      
    
     
 
[1]LGOIMA Final Response.PNG
Kia ora Peter and Heidi
 
I refer to your Official Information request dated 7 October 2024
 regarding: OIA-1449 Rooster.
 
You requested the below information:
 
Does Council agree that membership alone, in any club or society
 affiliated to the NZ Poultry, Pigeon & Cage Bird Association, does not
 entitle that person the right to keep rooster/s in an urban area in the
 Waitaki District?  A simple Yes or No will suffice.
 
Council Officers have reviewed your request and have collated the
 answers in red.
 
Yes. If that rooster is causing a nuisance, as detailed in Part 54 of
 the General Bylaw 2018.
 
We acknowledge that when drafted in 2018 the intent of Part 56, 57 of
 the General Bylaw was to recognise legitimate breeders and showers of
 poultry.  However, the wording relating to the keeping of roosters, has
 been problematic in respect to enforcement and the requirements of the
 Environment Court when proving a nuisance.
 
We are now looking at methods for reviewing this part of the Bylaw prior
 to the requirement to review it in 2028.
 
You have the right to seek an investigation and review by the Ombudsman.
Information about how to make a complaint is available at
 [2]www.ombudsman.parliament.nz or freephone 0800 802 602.
 
This Lgoima is now closed.  If you wish to discuss information regarding
 this, please feel free to contact our subject matter expert at
 Regulatory Services who will be more than happy to answer any further
 questions.
 
Pro-active Release Privacy
 Please note that as well as In order to protect the privacy of
 responding directly to you, Waitaki individuals, we will not generally
 District Council may also choose to publish information specific to an
 release responses to requests for individual or their property, or
 information on the council information that identifies
 website. Information requested by individual requesters.
 the media, from public sector
 organisations and MPs will always
 be published.
Further information can be found via the Ombudsman’s office which
 explains how Requests for Information are dealt
 with: [3]http://www.ombudsman.parliament.nz/   
Sincerely,
Information Management Team
Waitaki District [4]Waitaki District Council Draft District Plan |
 Council Let's Talk ...
 Private Bag 50058 [5][IMG] [6][IMG] [7][IMG] [8][IMG] 
 Oamaru
 Waitaki District
 Otago 9444
 New Zealand
 The information transmitted, including attachments, is intended only for
 the person(s) or entity to which it is addressed and may contain
 confidential and/or privileged material. Any review, retransmission,
 dissemination or other use of, or taking of any action in reliance upon
 this information by persons or entities other than the intended
 recipient is prohibited. If you received this in error please contact
 the sender and destroy any copies of this information.
     
From: John Walker <[9][FOI #28401 email]>
 Sent: Monday, October 7, 2024 10:09 AM
 To: Lgoima <[10][Waitaki District Council request email]>
 Subject: Re: OIA-1449 Rooster
 
[11][THIS EMAIL IS FROM AN EXTERNAL SOURCE] DO NOT CLICK links or
 attachments unless you recognise the sender email address and know the
 content is safe.
Dear Lgoima,
This is not a new request but a reiteration of the original question.
 Therefore, Council has until the 11 October to reply.
If Council fails to respond by the above due date, I will be forced to
 lodge a complaint with the Ombudsman thanks.
Yours sincerely,
Peter Walker
 Heidi Thomson
show quoted sections
Things to do with this request
- Add an annotation (to help the requester or others)
 - Download a zip file of all correspondence (note: this contains the same information already available above).
 

