Dear Annie

Your request for information will be processed under the Local Government
Official Information and Meetings Act 1987 and you will receive a decision
on your request within 20 working days.

Could you just clarify the information you are seeking please.  Are you
requesting details of the conflicts of interest that Blair Devlin may have
declared or the conflict of interest register for the whole consenting
team?

 

Regards

Barbara

 

+------------------------------------------------------------------------+
|Barbara East  |  Records Advisor | |
| | |
|Queenstown Lakes District Council | |
| |[1][IMG] |
|DD: +64 3 450 0314 | P: +64 3 441 0499 |  M: +64 27 355 2431 | |
| | |
|E: [email address] | |
+------------------------------------------------------------------------+

 

 

 

-----Original Message-----
From: "Annie Weston" <[2][FOI #3388 email]>
Sent: Sunday, 22 November 2015 12:13 PM
To: "OIA requests at Queenstown-Lakes District Council"
<[3][Queenstown-Lakes District Council request email]>
Subject: Official Information Act request - The conflict of interest
register of Blair Devlin, Resource Consenting Manager.

Dear Queenstown-Lakes District Council,

Please could I have a copy of the conflict of interest register of Blair
Devlin, Resource Consenting Manager.

Many thanks.

Yours faithfully,
Annie Weston

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

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Please do not send progress updates as PDF files.

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References

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2. mailto:[FOI #3388 email]
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hide quoted sections

Dear Annie
The information you are requesting is withheld under s 7(2)(a) of LGOIMA to protect the privacy of natural persons. You do have the right under s 27(3) of LGOIMA to complain to the Ombudsman about the decision to withhold this information.
The six conflicts of interest declared by Blair Devlin have been recorded on our Conflicts of Interest Register. The details of how these conflicts would be managed is also recorded on the register.
If you have any particular concern about any situation where you believe there was a conflict of interest, would you please communicate the details of your concerns to the general manager of planning and development, Tony Avery. His email address is [email address]

Regards
Barbara

-----Original Message-----
From: Annie Weston [mailto:[FOI #3388 email]]
Sent: Monday, 23 November 2015 12:28 PM
To: Barbara East
Subject: Re: FW: Official Information Act request - The conflict of interest register of Blair Devlin, Resource Consenting Manager. [#2062FM]

Hi Barbara,

I just need the details please of any conflicts of interest that Blair Devlin himself may have declared.

Kind regards,
Annie Weston

-----Original Message-----

Dear Annie

Your request for information will be processed under the Local Government Official Information and Meetings Act 1987 and you will receive a decision on your request within 20 working days.

Could you just clarify the information you are seeking please.  Are you requesting details of the conflicts of interest that Blair Devlin may have declared or the conflict of interest register for the whole consenting team?

 

Regards

Barbara

 

+------------------------------------------------------------------------+
|Barbara East  |  Records Advisor | |
| | |
|Queenstown Lakes District Council | |
| |[1][IMG] |
|DD: +64 3 450 0314 | P: +64 3 441 0499 |  M: +64 27 355 2431 | | | | |
|E: [email address] | |
+------------------------------------------------------------------------+

 

 

 

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

hide quoted sections

Dear Annie
A conflict of interest may be declared for a number of reasons. I have attached our Conflict of Interest Policy for your information.
Regards
Barbara

-----Original Message-----
From: Annie Weston [mailto:[FOI #3388 email]]
Sent: Wednesday, 23 December 2015 8:31 AM
To: Barbara East
Subject: Re: Official Information Act request - The conflict of interest register of Blair Devlin, Resource Consenting Manager. [#2062FM]

Dear Barbara,

Could you tell me please what the relationship is between Blair Devlin and the six people you are protecting.

Kind regards,
Annie Weston

-----Original Message-----

Dear Annie
The information you are requesting is withheld under s 7(2)(a) of LGOIMA to protect the privacy of natural persons. You do have the right under s 27(3) of LGOIMA to complain to the Ombudsman about the decision to withhold this information.
The six conflicts of interest declared by Blair Devlin have been recorded on our Conflicts of Interest Register. The details of how these conflicts would be managed is also recorded on the register.
If you have any particular concern about any situation where you believe there was a conflict of interest, would you please communicate the details of your concerns to the general manager of planning and development, Tony Avery. His email address is [email address]

Regards
Barbara

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

hide quoted sections

Dear Annie

I am unable to disclose the reasons for Blair Devlin's declared conflicts
of interest under s 7(2)(a) of LGOIMA but Council is confident that any
conflicts of interest are being managed appropriately.

 

Regards

Barbara

 

Barbara East  |  Records Advisor

Queenstown Lakes District Council
[2][IMG]
DD: +64 3 450 0314 | P: +64 3 441 0499 |  M: +64 27 355 2431

E: [1][email address]

 

 

 

-----Original Message-----
From: Annie Weston
[[3]mailto:[FOI #3388 email]]
Sent: Wednesday, 23 December 2015 4:14 PM
To: Barbara East
Subject: Re: Official Information Act request - The conflict of interest
register of Blair Devlin, Resource Consenting Manager. [#2062FM]

 

Hi Barbara,

 

Thank you for this.  I look forward to your reply with Blair Devlin's
reasons for his declared conflicts of interest.

 

Kind regards,

Annie Weston

 

-----Original Message-----

 

Dear Annie

A conflict of interest may be declared for a number of reasons. I have
attached our Conflict of Interest Policy for your information.

Regards

Barbara

 

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

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manager to link to us from your organisation's OIA page.

 

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

 

 

Barbara East  |  Records Advisor

Queenstown Lakes District Council
[7]cid:image001.png@01D12B90.38B31340
DD: +64 3 450 0314 | P: +64 3 441
0499 |  M: +64 27 355 2431

E: [6][email address]

 

 

References

Visible links
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2. http://www.qldc.govt.nz/
3. mailto:[FOI #3388 email]
4. mailto:[FOI #3388 email]
5. https://fyi.org.nz/help/officers
6. mailto:[email address]
7. http://www.qldc.govt.nz/

hide quoted sections

Dear Annie
I will respond to you as soon as I can on this.
Regards
Barbara

-----Original Message-----
From: Annie Weston [mailto:[FOI #3388 email]]
Sent: Tuesday, 19 January 2016 7:07 PM
To: Barbara East
Subject: TRIM: Re: Official Information Act request - The conflict of interest register of Blair Devlin, Resource Consenting Manager. [#2062FM]

Dear Barbara,

Are you able to tell me please if Council managed any declared conflicts of interest in relation to RC130501.

Kind regards,

Annie Weston

-----Original Message-----

Dear Annie

I am unable to disclose the reasons for Blair Devlin's declared conflicts of interest under s 7(2)(a) of LGOIMA but Council is confident that any conflicts of interest are being managed appropriately.

 

Regards

Barbara

 

Barbara East  |  Records Advisor

Queenstown Lakes District Council
[2][IMG]
DD: +64 3 450 0314 | P: +64 3 441 0499 |  M: +64 27 355 2431

E: [1][email address]

 

 

 

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

hide quoted sections

Dear Annie
There were no conflicts of interest declared in relation to the consent RM130501.

Regards
Barbara

-----Original Message-----
From: Annie Weston [mailto:[FOI #3388 email]]
Sent: Tuesday, 19 January 2016 7:07 PM
To: Barbara East
Subject: TRIM: Re: Official Information Act request - The conflict of interest register of Blair Devlin, Resource Consenting Manager. [#2062FM]

Dear Barbara,

Are you able to tell me please if Council managed any declared conflicts of interest in relation to RC130501.

Kind regards,

Annie Weston

-----Original Message-----

Dear Annie

I am unable to disclose the reasons for Blair Devlin's declared conflicts of interest under s 7(2)(a) of LGOIMA but Council is confident that any conflicts of interest are being managed appropriately.

 

Regards

Barbara

 

Barbara East  |  Records Advisor

Queenstown Lakes District Council
[2][IMG]
DD: +64 3 450 0314 | P: +64 3 441 0499 |  M: +64 27 355 2431

E: [1][email address]

 

 

 

-------------------------------------------------------------------
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[FOI #3388 email]

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

hide quoted sections

Hi there
I am on leave until Thursday 17 March 2016. If you email is about an official information request, please contact Gabrielle Marsh on [email address].
For all other matters, I will be checking my email while I am away and will respond as soon as I am able.

Regards

Barbara

Hi Annie

 

Your request for information on any conflicts of interest managed in
relation to RM060388 or RM140984 will be processed under the Local
Government Official Information and Meetings Act 1987 and you will receive
a decision on your request within 20 working days.

 

Kind regards,

Gabrielle

 

Gabrielle Marsh |  Corporate Support 
|  Corporate Services

Queenstown Lakes District Council [2]Description:
cid:image003.png@01CE8236.D72D7B10
DD: +64 3 450 0378 | P: +64 3 441 0499

E: [1][email address]

 

-----Original Message-----

From: Annie Weston
[[3]mailto:[FOI #3388 email]]

Sent: Monday, 7 March 2016 5:26 PM

To: Barbara East

Subject: Re: Official Information Act request - The conflict of interest
register of Blair Devlin, Resource Consenting Manager. [#2062FM]

 

Dear Barbara,

 

Thank you for your reply. 

Are you able to tell me please if Council managed any conflicts of
interest in relation to RM060388 or RM140984.

 

Kind regards,

 

Annie Weston

 

-----Original Message-----

 

Dear Annie

There were no conflicts of interest declared in relation to the consent
RM130501.

 

Regards

Barbara

 

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

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

 

References

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4. mailto:[FOI #3388 email]
5. https://fyi.org.nz/help/officers

hide quoted sections

Dear Annie

No conflicts of interest were registered in relation to RM140984. 
RM060388 was approved in August 2006 when CivicCorp was our regulatory
contractor and I am unable to locate the conflict of interest register
from that time.  Therefore under section 17(e) of LGOIMA we are unable to
answer that part of your request as the document containing the
information does not exist or despite reasonable efforts to locate it,
cannot be found.

You do have the right under section 27(3) of LGOIMA to complain to the
Ombudsman about the non-provision of this information.

 

Regards

Barbara

 

Barbara East  |  Records Advisor

Queenstown Lakes District Council
[2]cid:image001.png@01D12B90.38B31340
DD: +64 3 450 0314 | P: +64 3 441
0499 |  M: +64 27 355 2431

E: [1][email address]

 

-----Original Message-----
From: Annie Weston
[[3]mailto:[FOI #3388 email]]
Sent: Monday, 7 March 2016 5:26 PM
To: Barbara East
Subject: Re: Official Information Act request - The conflict of interest
register of Blair Devlin, Resource Consenting Manager. [#2062FM]

Dear Barbara,

Thank you for your reply. 
Are you able to tell me please if Council managed any conflicts of
interest in relation to RM060388 or RM140984.

Kind regards,

Annie Weston

-----Original Message-----

Dear Annie
There were no conflicts of interest declared in relation to the consent
RM130501.

Regards
Barbara

-------------------------------------------------------------------
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[4][FOI #3388 email]

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

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4. mailto:[FOI #3388 email]
5. https://fyi.org.nz/help/officers

hide quoted sections

Dear Annie
I will come back to you on this as soon I can.
Regards
Barbara

-----Original Message-----
From: Annie Weston [mailto:[FOI #3388 email]]
Sent: Sunday, 10 April 2016 9:36 PM
To: Barbara East
Subject: TRIM: Re: FW: Official Information Act request - Conflicts of interest for RM140984

Dear Barbara East,

Blair Devlin told a close relative of the applicant of RM140984 that he was unable to help with her enquiries due to a conflict of interest.

He has a similar relationship with the applicant of RM130501.

How did Council manage these conflicts of interest if they were not declared?

Yours sincerely,

Annie Weston

-----Original Message-----

Dear Annie

No conflicts of interest were registered in relation to RM140984.
RM060388 was approved in August 2006 when CivicCorp was our regulatory contractor and I am unable to locate the conflict of interest register from that time.  Therefore under section 17(e) of LGOIMA we are unable to answer that part of your request as the document containing the information does not exist or despite reasonable efforts to locate it, cannot be found.

You do have the right under section 27(3) of LGOIMA to complain to the Ombudsman about the non-provision of this information.

 

Regards

Barbara

 

Barbara East  |  Records Advisor

Queenstown Lakes District Council
[2]cid:image001.png@01D12B90.38B31340
DD: +64 3 450 0314 | P: +64 3 441
0499 |  M: +64 27 355 2431

E: [1][email address]

 

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

hide quoted sections

Dear Annie

There were no conflicts of interest in regard to consents RM140984 and
RM130501 therefore no conflicts had to be declared.

 

Regards

Barbara

 

Barbara East  |  Records Advisor

Queenstown Lakes District Council
[2]cid:image001.png@01D12B90.38B31340
DD: +64 3 450 0314 | P: +64 3 441
0499 |  M: +64 27 355 2431

E: [1][email address]

 

 

-----Original Message-----
From: Barbara East
Sent: Monday, 18 April 2016 12:17 PM
To: 'Annie Weston'
Subject: RE: TRIM: Re: FW: Official Information Act request - Conflicts of
interest for RM140984

 

Dear Annie

I will come back to you on this as soon I can.

Regards

Barbara

 

 

-----Original Message-----

From: Annie Weston
[[3]mailto:[FOI #3388 email]]

Sent: Sunday, 10 April 2016 9:36 PM

To: Barbara East

Subject: TRIM: Re: FW: Official Information Act request - Conflicts of
interest for RM140984

 

Dear Barbara East,

 

Blair Devlin told a close relative of the applicant of RM140984 that he
was unable to help with her enquiries due to a conflict of interest. 

 

He has a similar relationship with the applicant of RM130501. 

 

How did Council manage these conflicts of interest if they were not
declared?

 

Yours sincerely,

 

Annie Weston

 

-----Original Message-----

 

Dear Annie

 

No conflicts of interest were registered in relation to RM140984.

RM060388 was approved in August 2006 when CivicCorp was our regulatory 
contractor and I am unable to locate the conflict of interest register 
from that time.  Therefore under section 17(e) of LGOIMA we are unable to 
answer that part of your request as the document containing the 
information does not exist or despite reasonable efforts to locate it, 
cannot be found.

 

You do have the right under section 27(3) of LGOIMA to complain to the 
Ombudsman about the non-provision of this information.

 

 

 

Regards

 

Barbara

 

 

 

Barbara East  |  Records Advisor

 

Queenstown Lakes District Council

[2][4]cid:image001.png@01D12B90.38B31340

DD: +64 3 450 0314 | P: +64 3 441

0499 |  M: +64 27 355 2431

 

E: [1][email address]

 

 

 

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

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

References

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2. http://www.qldc.govt.nz/
3. mailto:[FOI #3388 email]
4. file:///tmp/cid:image001.png@01D12B90.38B31340
5. mailto:[FOI #3388 email]
6. https://fyi.org.nz/help/officers

hide quoted sections

Dear Annie

Your request for information on the wall retaining the development of
RM130501 will be processed under the Local Government Official Information
and Meetings Act 1987 and you will receive a decision on your request
within 20 working days. 

To assist in processing your request, could you please point me to the
document where Blair Devlin made the comment about the wall.

 

Regards

Barbara

 

Barbara East  |  Records Advisor

Queenstown Lakes District Council
[2]cid:image001.png@01D12B90.38B31340
DD: +64 3 450 0314 | P: +64 3 441
0499 |  M: +64 27 355 2431

E: [1][email address]

 

 

-----Original Message-----

From: Annie Weston
[[3]mailto:[FOI #3388 email]]

Sent: Wednesday, 11 May 2016 4:53 PM

To: Barbara East

Subject: Re: Official Information Act request - Conflicts of interest for
RM140984

 

Dear Barbara East,

 

The wall retaining the development of RM130501 is 500mm higher than its
2500mm consent.  According to Blair Devlin the earth moved and exposed
more wall.  Please could I view the official information on which he bases
his reasoning.  This information is not available on e-Docs.

 

Yours sincerely,

 

Annie Weston

 

-----Original Message-----

 

Dear Annie

 

There were no conflicts of interest in regard to consents RM140984 and

RM130501 therefore no conflicts had to be declared.

 

 

 

Regards

 

Barbara

 

 

 

Barbara East  |  Records Advisor

 

Queenstown Lakes District Council

[2][4]cid:image001.png@01D12B90.38B31340

DD: +64 3 450 0314 | P: +64 3 441

0499 |  M: +64 27 355 2431

 

E: [1][email address]

 

 

 

 

 

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

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

References

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2. http://www.qldc.govt.nz/
3. mailto:[FOI #3388 email]
4. file:///tmp/cid:image001.png@01D12B90.38B31340
5. mailto:[FOI #3388 email]
6. https://fyi.org.nz/help/officers

hide quoted sections

Dear Annie

Blair Devlin, in his email below, was saying that from his visual
inspection of the wall, it appeared that more of the wall had been exposed
due to changes in the ground level on the Council side.  His opinion was
based on his visual inspection: no official information was involved.

 

Regards

Barbara

 

 

-----Original Message-----

From: Annie Weston
[[1]mailto:[OIA #3388 email]]

Sent: Thursday, 12 May 2016 5:00 PM

To: Barbara East

Subject: Re: Official information request - RM130501

 

Dear Barbara East,

 

Please see one of the two emails in which Blair Devlin refers to the earth
moving.  I can forward the other one as well if you need more information.

-----

From: "[2][email address]" <[3][email address]>

Date: Sunday, 9 November 2014 8:04 am

To: Annie Weston <[4][email address]>, Adonica Giborees
<[5][email address]>

Cc: Adam Feeley <[6][email address]>, Vanessa van Uden
<[7][email address]>, Marc Bretherton
<[8][email address]>

Subject: RE: RM 990663 & RM 130501

 

Hi Annie,

 

(1)    It is possible to get a code of compliance under the Building Act
separate to the Resource Management Act.  They are not dependent one on
the other. As noted below, the retaining wall is considered to be in
accordance with the resource consent from 1999. It appears to me that some
changes to the ground level on the Council side of the retaining wall have
exposed more of the wall, particularly in one spot. This dos not change
the effect of the retaining wall on your property.

(2)     I consider the earthworks that placed the dwelling on the site to
be completed. A surveyors certificate confirmed the dwelling was placed at
exactly the consented level, leading me to conclude the earthworks did not
raise the height of the land. The landscaping of the site, including
spreading of topsoil, is not completed.

 

You are accusing me of nepotism below – an accusation I take extremely
seriously and deny. At all times our repeated responses to your enquiries
have been both timely and professional. The fact you disagree with the
result of our investigations and decision not to pursue enforcement action
is noted.

 

Kind regards

Blair

-----

Yours sincerely,

 

Annie Weston

 

-----Original Message-----

 

Dear Annie

 

Your request for information on the wall retaining the development of

RM130501 will be processed under the Local Government Official
Information  and Meetings Act 1987 and you will receive a decision on your
request  within 20 working days. 

 

To assist in processing your request, could you please point me to the 
document where Blair Devlin made the comment about the wall.

 

 

 

Regards

 

Barbara

 

 

 

Barbara East  |  Records Advisor

 

Queenstown Lakes District Council

[2][9]cid:image001.png@01D12B90.38B31340

DD: +64 3 450 0314 | P: +64 3 441

0499 |  M: +64 27 355 2431

 

E: [1][email address]

 

 Dear Barbara East,

 

The wall retaining the development of RM130501 is 500mm higher than its
2500mm consent.  According to Blair Devlin the earth moved and exposed
more wall.  Please could I view the official information on which he bases
his reasoning.  This information is not available on e-Docs.

 

Yours sincerely,

 

Annie Weston

 

-----Original Message-----

 

Dear Annie

 

There were no conflicts of interest in regard to consents RM140984 and

RM130501 therefore no conflicts had to be declared.

 

 

 

Regards

 

Barbara

 

 

 

Barbara East  |  Records Advisor

References

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3. mailto:[email address]
4. mailto:[email address]
5. mailto:[email address]
6. mailto:[email address]
7. mailto:[email address]
8. mailto:[email address]
9. file:///tmp/cid:image001.png@01D12B90.38B31340

hide quoted sections

Dear Annie

 

The Council does not permit resource consent applicants to breach their
resource consent conditions. Rather, the onus is on the consent holder to
ensure compliance with the conditions of their resource consent should
they wish to undertake the activity authorised by the consent.

 

The Council undertakes monitoring of compliance with resource consent
conditions and will pursue formal enforcement action if it is considered
necessary in accordance with the Council’s Enforcement Policy.

 

You have requested information relating to the number of resource consent
applicants that have been permitted to breach their resource consent
conditions without consequence. The Council does not permit resource
consent breaches. This request for information is therefore refused
pursuant to section 17(e) of LGOIMA as the information does not exist.

 

Should you have any issue regarding compliance with resource consent
conditions, I suggest you contact the Council’s monitoring department.

 

You do have the right under section 27(3) of LGOIMA to complain to the
Ombudsman about the decision to refuse this request.

 

Regards

Barbara

 

Barbara East  |  Records Advisor

Queenstown Lakes District Council
[2]cid:image001.png@01D12B90.38B31340
DD: +64 3 450 0314 | P: +64 3 441
0499 |  M: +64 27 355 2431

E: [1][email address]

 

 

 

-----Original Message-----

From: Annie Weston
[[3]mailto:[OIA #3388 email]]

Sent: Tuesday, 17 May 2016 10:04 AM

To: Barbara East

Subject: Re: Official information request - RM130501

 

Dear Barbara East,

 

Thank you for your quick reply.

 

QLDC Planning determined that the applicants of RM130501 breached the
conditions of their resource consent and require an earthworks consent. 
QLDC Enforcement determined that it would not be expedient to take
enforcement action and require the applicants to apply for an earthworks
consent.

 

Since the consent of RM130501 in 2013, please can you tell me how many
applicants of consents managed by Blair Devlin, have been permitted to
breach their resource consent conditions, without consequence?

 

Yours sincerely,

 

Annie Weston

 

-----Original Message-----

 

Dear Annie

 

Blair Devlin, in his email below, was saying that from his visual 
inspection of the wall, it appeared that more of the wall had been
exposed  due to changes in the ground level on the Council side.  His
opinion was  based on his visual inspection: no official information was
involved.

 

 

 

Regards

 

Barbara

 

 

 

 

 

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hide quoted sections

Dear Annie
Could you point me to the surveyor's report on edocs please.
Thank you
Barbara

-----Original Message-----
From: Annie Weston [mailto:[FOI #3388 email]]
Sent: Monday, 30 May 2016 4:28 PM
To: Barbara East
Subject: Re: Official information request - RM130501

Dear Barbara East,

The District Plan Rules stipulate that total volume of earthworks does not exceed 100m³ per site (within a 12 month period). QLDC's definition of earthworks includes the following; blading, contouring, ripping, moving, removing, placing, replacing, excavation, cutting and filling.

I have a surveyor's report that shows the applicants of RM130501 have undertaken earthworks with a total volume of approximately 33m² cut and 400m³ fill, raising the height of their section by up to 1m.

Blair Devlin considers this to be landscaping that does not materially alter the ground levels.

Please explain why Blair Devlin's definition of earthworks differs from QLDC’s.

Yours sincerely,

Annie Weston

-----Original Message-----

Dear Annie

 

The Council does not permit resource consent applicants to breach their resource consent conditions. Rather, the onus is on the consent holder to ensure compliance with the conditions of their resource consent should they wish to undertake the activity authorised by the consent.

 

The Council undertakes monitoring of compliance with resource consent conditions and will pursue formal enforcement action if it is considered necessary in accordance with the Council’s Enforcement Policy.

 

You have requested information relating to the number of resource consent applicants that have been permitted to breach their resource consent conditions without consequence. The Council does not permit resource consent breaches. This request for information is therefore refused pursuant to section 17(e) of LGOIMA as the information does not exist.

 

Should you have any issue regarding compliance with resource consent conditions, I suggest you contact the Council’s monitoring department.

 

You do have the right under section 27(3) of LGOIMA to complain to the Ombudsman about the decision to refuse this request.

 

Regards

Barbara

 

Barbara East  |  Records Advisor

Queenstown Lakes District Council
[2]cid:image001.png@01D12B90.38B31340
DD: +64 3 450 0314 | P: +64 3 441
0499 |  M: +64 27 355 2431

E: [1][email address]

 

 

 

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hide quoted sections

Dear Annie

 

We do not consider your request to “Please explain why Blair Devlin's
definition of earthworks differs from QLDC’s” is a request for official
information under the Local Government Official Information and Meetings
Act 1987.  Official information is any information that the Council holds
(i.e. in existence at the time of the request).  There is no obligation on
Council under this legislation to create information to respond to your
request. 

 

The legislation is not a mechanism that can be used to force a debate on
any topic or to generate justifications or explanations in relation to a
matter of interest to requesters.

 

Regards

Barbara

 

 

-----Original Message-----
From: Annie Weston
[[1]mailto:[OIA #3388 email]]
Sent: Tuesday, 31 May 2016 11:41 AM
To: Barbara East
Subject: RE: Official information request - RM130501

 

Dear Barbara East,

 

There is no surveyor's report on eDocs as Enforcement exempted the
applicants of RM130501 from the need to apply for an earthworks consent
that would have required such a report.

 

Please see below email from an independent surveyor asked to present
expert evidence for a side agreement dispute.

---

From: "[2][email address]"
<[3][email address]>

Date: Thursday, 19 May 2016 11:12 am

To: Renata Davis <[4][email address]>

Cc: Christine McMillan <[5][email address]>, Boyd
Wilson <[6][email address]>, Johnathan Hodson
<[7][email address]>, Annie Weston
<[8][email address]>

Subject: 6094 - (ADDRESS DELETED)

 

Hello Renata,

Thanks for coming in to discuss this job.

1.       As requested I have tidied up the plan showing the areas which
are over 1.52m above the 2010 surface.

2.       The volume of material has been calculated using the 2010 surface
and BCL surface.  Note that there are some inaccuracies because our
surface is only indicative under the building and between the building and
garage.  The volume is calculated as approximately 4m² cut and 800m³ fill.

The volume of material has been calculated using the 2013 CFMaA surface
and BCL surface.  Note that there are some inaccuracies because our
surface is only indicative under the building and between the building and
garage.  The volume is calculated as approximately 33m² cut and 400m³
fill.

3.       The attached diagram shows compares the section from the (NAME
DELETED) plans showing Original Ground Level.  We can confirm that this is
generally the 2010 surface.         

 

Regards

 

Chris Walker

Licensed Cadastral Surveyor

Phone 03 218 2546Facsimile 03 214 4285

Extension 213Cell Phone (NUMBER DELETED)

Freephone0800 802 546

19 The Crescent, PO Box 1262,

Invercargill 9840, New Zealand

[9][email address]

Webwww.bonischconsultants.co.nz

BC-Logo-Sm

subdivision |engineering| resource management| project management|
surveying|land development

---

I formally request that this be posted on eDocs so there is an official
record of the breaches to the District Plan Rules allowed by QLDC.  I'm
happy to email you a full report but I can't attach it via this forum.

 

Yours sincerely,

 

Annie Weston

 

-----Original Message-----

 

Dear Annie

Could you point me to the surveyor's report on edocs please.

Thank you

Barbara

 

Dear Barbara East,

 

The District Plan Rules stipulate that total volume of earthworks does not
exceed 100m³ per site (within a 12 month period).  QLDC's definition of
earthworks includes the following; blading, contouring, ripping, moving,
removing, placing, replacing, excavation, cutting and filling. 

 

I have a surveyor's report that shows the applicants of RM130501 have
undertaken earthworks with a total volume of approximately 33m² cut and
400m³ fill, raising the height of their section by up to 1m. 

 

Blair Devlin considers this to be landscaping that does not materially
alter the ground levels. 

 

Please explain why Blair Devlin's definition of earthworks differs from
QLDC’s.

 

Yours sincerely,

 

Annie Weston

 

-----Original Message-----

 

Dear Annie

 

The Council does not permit resource consent applicants to breach their 
resource consent conditions. Rather, the onus is on the consent holder to 
ensure compliance with the conditions of their resource consent should 
they wish to undertake the activity authorised by the consent.

 

The Council undertakes monitoring of compliance with resource consent 
conditions and will pursue formal enforcement action if it is considered 
necessary in accordance with the Council’s Enforcement Policy.

 

You have requested information relating to the number of resource consent 
applicants that have been permitted to breach their resource consent 
conditions without consequence. The Council does not permit resource 
consent breaches. This request for information is therefore refused 
pursuant to section 17(e) of LGOIMA as the information does not exist.

 

Should you have any issue regarding compliance with resource consent 
conditions, I suggest you contact the Council’s monitoring department.

 

You do have the right under section 27(3) of LGOIMA to complain to the 
Ombudsman about the decision to refuse this request.

 

Regards

 

Barbara

 

Barbara East  |  Records Advisor

 

Queenstown Lakes District Council

[2][10]cid:image001.png@01D12B90.38B31340

DD: +64 3 450 0314 | P: +64 3 441

0499 |  M: +64 27 355 2431

 

E: [1][email address]

 

 

 

References

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2. mailto:[email address]
3. mailto:[email address]
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6. mailto:[email address]
7. mailto:[email address]
8. mailto:[email address]
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10. file:///tmp/cid:image001.png@01D12B90.38B31340

hide quoted sections

Dear Annie

Has we have stated before, the Council undertakes monitoring of compliance
with resource consent conditions and will pursue formal enforcement action
if it is considered necessary in accordance with Council's Enforcement
Policy.  In the instance of RM130501, enforcement action was not pursued
as there were considered to be no adverse effects on the environment from
sedimentation, run-off etc and the surveyors certificate provided
confirmed that the dwelling was placed in the correct position and in
accordance with the resource consent.

We therefore have to refuse your request for information under section
17(e) of LGOIMA as the information does not exist.  You do have the right
under section 27(3) of LGOIMA to complain to the Ombudsman about the
non-provision of this information.

 

Regards

Barbara

 

 

-----Original Message-----
From: Annie Weston
[[1]mailto:[FOI #3388 email]]
Sent: Thursday, 2 June 2016 9:57 AM
To: Barbara East
Subject: Re: Official information request - RM130501

 

Dear Barbara East,

 

In QLDC’s Enforcement Strategy and Prosecution Policy the Enforcement
Matrix shows various enforcement tools to ensure compliance.  The
applicants of RM130501 breached the volume of earthworks allowed under the
District Plan Rules by more than four times the amount and breached their
resource consent conditions.

 

QLDC is able to use the full force of the law to ensure compliance of
these activities including prosecution, license suspension or
cancellation, fines and pecuniary penalties. 

 

Please can you tell me what tools QLDC used to ensure compliance from the
applicants of RM130501?

 

Yours sincerely,

 

Annie Weston

 

-----Original Message-----

 

Dear Annie

 

 

 

We do not consider your request to “Please explain why Blair Devlin's 
definition of earthworks differs from QLDC’s” is a request for official 
information under the Local Government Official Information and Meetings 
Act 1987.  Official information is any information that the Council holds 
(i.e. in existence at the time of the request).  There is no obligation
on  Council under this legislation to create information to respond to
your  request. 

 

 

 

The legislation is not a mechanism that can be used to force a debate on 
any topic or to generate justifications or explanations in relation to a 
matter of interest to requesters.

 

 

 

Regards

 

Barbara

 

 

 

 

 

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hide quoted sections

Dear Annie
I will treat this request as a new request under the Local Government Official Information and Meeting act 1987 and you will receive a decision on your request within 20 working days of the receipt of your email below.

Regards
Barbara

-----Original Message-----
From: Annie Weston [mailto:[FOI #3388 email]]
Sent: Thursday, 16 June 2016 9:55 AM
To: Barbara East
Subject: Re: Official information request - RM130501

Dear Barbara East,

Blair Devlin could have reviewed the consent of RM130501 under Section 128 of the Resource Management Act 1991 when I pointed out to him that it contained inaccuracies that materially affected the decision i.e.: they would not have received my affected person's approval had I known about the 33m² cut and 400m³ fill.

Please can you tell me how many consents Blair Devlin has reviewed under Section 128 in his role as Resource Consenting Manager.

Yours sincerely,

Annie Weston

-----Original Message-----

Dear Annie

Has we have stated before, the Council undertakes monitoring of compliance with resource consent conditions and will pursue formal enforcement action if it is considered necessary in accordance with Council's Enforcement Policy.  In the instance of RM130501, enforcement action was not pursued as there were considered to be no adverse effects on the environment from sedimentation, run-off etc and the surveyors certificate provided confirmed that the dwelling was placed in the correct position and in accordance with the resource consent.

We therefore have to refuse your request for information under section
17(e) of LGOIMA as the information does not exist.  You do have the right under section 27(3) of LGOIMA to complain to the Ombudsman about the non-provision of this information.

 

Regards

Barbara

 

 

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

hide quoted sections

Dear Annie
The role of Resource Consent Manager was disestablished in September 2015. When Blair Devlin held the role of Resource Consent Manager, s.128 was not used to review any consents.

Regards
Barbara

-----Original Message-----
From: Annie Weston [mailto:[FOI #3388 email]]
Sent: Thursday, 16 June 2016 9:55 AM
To: Barbara East
Subject: Re: Official information request - RM130501

Dear Barbara East,

Blair Devlin could have reviewed the consent of RM130501 under Section 128 of the Resource Management Act 1991 when I pointed out to him that it contained inaccuracies that materially affected the decision i.e.: they would not have received my affected person's approval had I known about the 33m² cut and 400m³ fill.

Please can you tell me how many consents Blair Devlin has reviewed under Section 128 in his role as Resource Consenting Manager.

Yours sincerely,

Annie Weston

-----Original Message-----

Dear Annie

Has we have stated before, the Council undertakes monitoring of compliance with resource consent conditions and will pursue formal enforcement action if it is considered necessary in accordance with Council's Enforcement Policy.  In the instance of RM130501, enforcement action was not pursued as there were considered to be no adverse effects on the environment from sedimentation, run-off etc and the surveyors certificate provided confirmed that the dwelling was placed in the correct position and in accordance with the resource consent.

We therefore have to refuse your request for information under section
17(e) of LGOIMA as the information does not exist.  You do have the right under section 27(3) of LGOIMA to complain to the Ombudsman about the non-provision of this information.

 

Regards

Barbara

 

 

-------------------------------------------------------------------
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Hi Annie
I will process this as a separate request under the Local Government Official Information and Meetings Act 1987 and you will receive a decision on your request within 20 working days.

Regards
Barbara

-----Original Message-----
From: Annie Weston [mailto:[FOI #3388 email]]
Sent: Tuesday, 28 June 2016 9:55 AM
To: Barbara East
Subject: Re: Official information request - RM130501

Dear Barbara East,

The applicants of RM130501 planted ~12 trees and erected a berm on public reserve without QLDC permission in my view corridor.

How many times has QLDC allowed residents to commit offences under the Reserves Act 1977 with impunity?

Yours sincerely,

Annie Weston

-----Original Message-----

Dear Annie
The role of Resource Consent Manager was disestablished in September 2015. When Blair Devlin held the role of Resource Consent Manager, s.128 was not used to review any consents.

Regards
Barbara

-------------------------------------------------------------------
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hide quoted sections

Dear Annie

 

QLDC does not permit anyone to commit offences under the Reserves Act
1977.  Where any unlawful activity is undertaken on reserve land for which
the Council is the administering body, the Council will investigate the
offence and decide on the appropriate course of action.  

 

Should you wish to make a complaint about the tree planting on reserve
that you state was carried out by the applicants of RM130501, please fill
out an [1]online request for service form which will be then sent to our
enforcement team.

 

Regards

Barbara

 

 

Barbara East  |  Records Advisor

Queenstown Lakes District Council
[3]cid:image001.png@01D12B90.38B31340
DD: +64 3 450 0314 | P: +64 3 441
0499 |  M: +64 27 355 2431

E: [2][email address]

 

 

 

-----Original Message-----

From: Barbara East

Sent: Friday, 1 July 2016 5:11 PM

To: 'Annie Weston'

Subject: RE: Official information request - RM130501

 

Hi Annie

I will process this as a separate request under the Local Government
Official Information and Meetings Act 1987 and you will receive a decision
on your request within 20 working days.

 

Regards

Barbara

 

 

-----Original Message-----

From: Annie Weston
[[4]mailto:[FOI #3388 email]]

Sent: Tuesday, 28 June 2016 9:55 AM

To: Barbara East

Subject: Re: Official information request - RM130501

 

Dear Barbara East,

 

The applicants of RM130501 planted ~12 trees and erected a berm on public
reserve without QLDC permission in my view corridor. 

 

How many times has QLDC allowed residents to commit offences under the
Reserves Act 1977 with impunity?

 

Yours sincerely,

 

Annie Weston

 

-----Original Message-----

References

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4. mailto:[FOI #3388 email]

hide quoted sections

Dear Annie,

 

As we wrote in an email to you on 6 May 2016, no conflicts of interest
were declared in regard to consent RM130501. The Council does not inquire
into the personal associations of its staff.  Accordingly,  the
information you have requested is not information held by the Council and
your request is refused pursuant to section 17(g) of the Local Government
Official Information and Meetings Act 1987 (LGOIMA).

You have the right under section 27(3) of LGOIMA to complain to the
Ombudsman about the non-provision of this information.

Regards

Barbara

 

 

Barbara East  |  Records Advisor

Queenstown Lakes District Council
[2]cid:image001.png@01D12B90.38B31340
DD: +64 3 450 0314 | P: +64 3 441
0499 |  M: +64 27 355 2431

E: [1][email address]

 

 

 

 

 

-----Original Message-----

From: Annie Weston
[[3]mailto:[FOI #3388 email]]

Sent: Saturday, 9 July 2016 7:49 AM

To: Barbara East

Subject: Re: FW: Official information request - RM130501

 

Dear Barbara East,

 

According to QLDC’s Conflict of Interest Policy --

 

Answering “no” to the following question should be a signal to an employee
to disclose their interest:

If I participate in assessment or decision-making on this particular
matter, would I be happy for my colleagues and the public to be aware of
any personal interest, association or connection that I have in the
matter?

 

Blair Devlin has not disclosed his interest so he must be happy for the
public to be made aware of his personal association with the applicant of
RM130501.  This is a public forum so please can you confirm the nature of
their personal association.

 

Yours sincerely,

 

Annie Weston

 

-----Original Message-----

 

Dear Annie

 

 

 

QLDC does not permit anyone to commit offences under the Reserves Act 
1977.  Where any unlawful activity is undertaken on reserve land for
which  the Council is the administering body, the Council will investigate
the  offence and decide on the appropriate course of action.  

 

 

 

Should you wish to make a complaint about the tree planting on reserve 
that you state was carried out by the applicants of RM130501, please fill 
out an [1]online request for service form which will be then sent to our 
enforcement team.

 

 

 

Regards

 

Barbara

 

 

 

 

 

Barbara East  |  Records Advisor

 

Queenstown Lakes District Council

[3][4]cid:image001.png@01D12B90.38B31340

DD: +64 3 450 0314 | P: +64 3 441

0499 |  M: +64 27 355 2431

 

E: [2][email address]

 

 

 

 

 

 

 

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

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

 

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5. mailto:[FOI #3388 email]
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hide quoted sections

Dear Annie

As per the Local Government Official Information and Meetings Act 1987,
official information means any information held by a local authority.
Clauses (b) and (c) list the exceptions.

Is this what you were asking?

 

Regards

Barbara

 

 

Barbara East  |  Records Advisor

Queenstown Lakes District Council
[2]cid:image001.png@01D12B90.38B31340
DD: +64 3 450 0314 | P: +64 3 441
0499 |  M: +64 27 355 2431

E: [1][email address]

 

 

 

-----Original Message-----
From: Annie Weston [mailto:[FYI request #3388 email]]
Sent: Wednesday, 13 July 2016 1:39 PM
To: Barbara East
Subject: Re: Official information request - RM130501

 

Dear Barbara East,

 

What is the process please for ensuring information is made official? 

 

Through non-enforcement QLDC has allowed the applicants of RM130501 to get
away with:

- A non-compliant retaining wall

- Inaccuracies on their resource consent application

- Inaccurate plans attached to the resource consent

- A breach of their resource consent

- A breach of the District Plan Rules

- Offences under the Reserves Act

 

This could be rectified by requiring them to apply for an earthworks
resource consent like everyone else.

 

If there is no conflict of interest and the applicants of RM130501 have
not received special treatment then it stands to reason that all
developers must be allowed the same dispensations.

 

Yours sincerely,

 

Annie Weston

 

-----Original Message-----

 

Dear Annie,

 

 

 

As we wrote in an email to you on 6 May 2016, no conflicts of interest 
were declared in regard to consent RM130501. The Council does not inquire 
into the personal associations of its staff.  Accordingly,  the 
information you have requested is not information held by the Council and 
your request is refused pursuant to section 17(g) of the Local Government 
Official Information and Meetings Act 1987 (LGOIMA).

 

You have the right under section 27(3) of LGOIMA to complain to the 
Ombudsman about the non-provision of this information.

 

Regards

 

Barbara

 

 

 

 

 

Barbara East  |  Records Advisor

 

Queenstown Lakes District Council

[2][3]cid:image001.png@01D12B90.38B31340

DD: +64 3 450 0314 | P: +64 3 441

0499 |  M: +64 27 355 2431

 

E: [1][email address]

 

 

 

 

 

 

 

 

 

 

 

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hide quoted sections

Dear Annie

As this is not a request for information under LGOIMA, I will pass this
onto the relevant department for response.

Regards

Barbara

 

-----Original Message-----
From: Annie Weston [mailto:[FOI #3388 email]]
Sent: Tuesday, 19 July 2016 8:00 AM
To: Barbara East
Subject: RE: Official information request - RM130501

 

Dear Barbara East,

 

I have emails from a QLDC Senior Planner, Blair Devlin - then Resource
Consenting Manager, Enforcement and the CEO explaining why QLDC has
exempted the applicants of RM130501 from their legal obligations and the
need to consider my affected person rights.  I would like these uploaded
to eDocs so every other developer may do the same with impunity from
enforcement and any applicable punitive damages.

 

I have photos and reports to substantiate the QLDC evidence if you require
these as well.

 

Yours sincerely,

 

Annie Weston

 

-----Original Message-----

 

Dear Annie

 

As per the Local Government Official Information and Meetings Act 1987, 
official information means any information held by a local authority.

Clauses (b) and (c) list the exceptions.

 

Is this what you were asking?

 

 

 

Regards

 

Barbara

 

 

 

 

 

Barbara East  |  Records Advisor

 

Queenstown Lakes District Council

[2][1]cid:image001.png@01D12B90.38B31340

DD: +64 3 450 0314 | P: +64 3 441

0499 |  M: +64 27 355 2431

 

E: [1][email address]

 

 

 

 

 

 

 

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hide quoted sections

Dear Annie

The planning staff, who process all consents, file all the information
relating to each consent to the appropriate consent file on our electronic
records management system.   Information that relates to complaints are
filed as confidential documents and are not available to the public on
edocs.

 

Regards

Barbara

 

Barbara East  |  Records
Advisor

Queenstown Lakes District
Council
[2]cid:image004.png@01D1E323.AEF13960 [3]cid:image001.png@01D12B90.38B31340
DD: +64 3 450 0314 | P: +64
3 441 0499 |  M: +64 27 355
2431

E:
[1][email address]

 

 

-----Original Message-----
From: Annie Weston [mailto:[FOI #3388 email]]
Sent: Monday, 8 August 2016 7:42 AM
To: Barbara East
Subject: RE: Official information request - RM130501

 

Dear Barbara East,

 

As QLDC Records Advisor are you able yet to advise which relevant
department at QLDC updates official records?

 

Yours sincerely,

 

Annie Weston

 

-----Original Message-----

 

Dear Annie

 

As this is not a request for information under LGOIMA, I will pass this 
onto the relevant department for response.

 

Regards

 

Barbara

 

 

 

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Dear Annie
Official records relating to Property files are filed electronically on our electronic document management system (EDMS) and some of these records are visible to the public on edocs. There is no omission in the filing of these records. Was that your concern?

Regards
Barbara

-----Original Message-----
From: Annie Weston [mailto:[FOI #3388 email]]
Sent: Saturday, 20 August 2016 7:39 AM
To: Barbara East
Subject: Re: Official information request - RM130501

Dear Barbara East,

What is the reason please that Blair Devlin, then Resource Consenting Manager, did not upload, or authorise the upload of, any information pertaining to the applicants of RM130501 being in breach of their resource consent and requiring an earthworks consent?

While the omission of this information from official records may mean that you are unable to access it digitally, the information will be known to and held in the memory of Blair Devlin, who is an employee of QLDC, and therefore LGOIMA applies.

Yours sincerely,

Annie Weston

-----Original Message-----

Dear Annie

The planning staff, who process all consents, file all the information relating to each consent to the appropriate consent file on our electronic records management system.   Information that relates to complaints are filed as confidential documents and are not available to the public on edocs.

 

Regards

Barbara

 

Barbara East  |  Records
Advisor

Queenstown Lakes District
Council
[2]cid:image004.png@01D1E323.AEF13960 [3]cid:image001.png@01D12B90.38B31340
DD: +64 3 450 0314 | P: +64
3 441 0499 |  M: +64 27 355
2431

E:
[1][email address]

 

 

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Dear Annie,

Tony Avery's reply to your question is official information held by the
Council but it is not information that is made available on edocs.

Regards,

Gabrielle

 

 

Gabrielle Marsh | Corporate [2]cid:image001.png@01D1E3FD.BF549EC0
Support | Corporate Services

Queenstown Lakes District
Council [3]Description:
cid:image003.png@01CEA7D7.20704940
DD: +64 3 450 0378 | P: +64 3
441 0499

E:
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-----Original Message-----

From: Annie Weston
[[4]mailto:[FOI #3388 email]]

Sent: Tuesday, 23 August 2016 4:10 PM

To: Barbara East

Subject: RE: Official information request - RM130501

 

Dear Barbara East,

 

Tony Avery, General Manager Planning and Development, recently asked Blair
Devlin whether he has a personal relationship with the applicants of
RM130501.  Now that the question has been asked, could you please confirm
that his reply (as per below) constitutes official information?

 

Blair Devlin “did not have a personal relationship with the applicants. 
He knew who they were slightly as their children went to the same
kindergarten”.

 

Yours sincerely,

 

Annie Weston

 

-----Original Message-----

 

Dear Annie

Official records relating to Property files are filed electronically on
our electronic document management system (EDMS) and some of these records
are visible to the public on edocs. There is no omission in the filing of
these records. Was that your concern?

 

Regards

Barbara

 

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References

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