CEO, Chair senior manager responsibility in preserving and recovering protected records

Gerard Paver made this Official Information request to Manawatu-Wanganui Regional Council

Currently waiting for a response from Manawatu-Wanganui Regional Council, they must respond promptly and normally no later than (details and exceptions).

From: Gerard Paver

To: Michael McCartney, Chief Executive Officer, Horizons Regional Council
Cc: Rachel Keedwell, Chair, Horizons Regional Council
Cc: Bruce Gordon, Former Chair and Current Audit Committee Member

This is a formal follow-up to my previous LGOIMA request dated 2 July 2025, addressed to yourself and copied to Chairperson Rachel Keedwell and Mr Bruce Gordon.

I reiterate my concern that protected records — including those central to potential misuse of public funds and alleged fraudulent grant activity — appear to have been deleted after these concerns were raised directly with HRC’s Chief Executive, former Chair and current Audit and Risk Committee member. If accurate, this may constitute a breach of the Public Records Act 2005, and raises serious governance, transparency, and accountability issues under the Local Government Act 2002.
I now formally request the following information under the Local Government Official Information and Meetings Act 1987 (LGOIMA):
1. Backup and Recovery Capabilities
Please confirm whether HRC maintains system-level backups (including but not limited to disaster recovery systems, server backups, or email archives). As per Public Records Act 2005, these backups are considered public records where they contain information not otherwise accessible.

If such systems exist, I request that HRC immediately:
• Take steps to prevent deletion or overwriting of all backup data relevant to this matter;
• Search those backups for any deleted records relating to the Environmental Farm Plan (EFP), grant disbursements, or correspondence with third parties acting without legal authority;
• Recover and disclose these records in full as part of this request.

2. Archiving Systems
Please confirm what tools HRC uses any of the following data management tools that may contain relevant information eg:- :
• Off-site backups (physical or cloud-based),
• Microsoft SharePoint, cloud archives, or file versioning platforms,
• Email archiving systems used by Council staff,
• Any other secondary storage system that may contain retrievable records relevant to this matter.

3. legal reference - Governance and Recordkeeping Obligations
Please formally acknowledge the legal responsibilities of:
• The Chief Executive Officer, under the Local Government Act 2002 (s.42) and the Public Records Act 2005 (s.17–18),
• The Chairperson and Audit and Risk Committee, for governance oversight of public funds,
to ensure that records are lawfully maintained, and to prevent destruction of records after concerns have been raised about potential maladministration, fraud, or misuse of public resources.
I request that you specifically confirm whether these responsibilities were acknowledged and upheld in this case.

4. Acknowledgment of Outstanding Requests
Please immediately confirm receipt of:
4.1 my update date 30 July 2025, which clarified the legal implications of deleting records after complaints of possible grant mismanagement and a request for the core "signed contractual documents" which should not have been deleted. (: My LGOIMA request submitted 2 July 2025, I note your response was immediately prior to the legally obliged end date 29 July 2025).

4.2 My continued and repeated request for core documentation, including the original signed agreement involving the sharemilker and all associated grant disbursement and correspondence records. Which by Law I understand should still be in HRC possession or saved with the National archives.

4.3 Immediately confirm you have taken steps to preserve any and all backups and records pertaining to my complaint.

5. Notice of Escalation
If these matters are not substantively addressed, or I do not receive immediate assurance that actions have been taken to secure existing and recover data/records that should not have been deleted I reserve the right to escalate this request to:
5.1 The Office of the Ombudsman, under LGOIMA;
5.2 Archives New Zealand, regarding potential breach of the Public Records Act;
5.3 The Office of the Auditor-General, in relation to public accountability and financial governance.

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From: Help
Manawatu-Wanganui Regional Council

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Your enquiry regarding "Official Information request - CEO, Chair
senior manager responsibility in preserving and recovering protected
records" has been received and will be assigned to the appropriate
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