WAIROA DISTRICT COUNCIL
PO Box 54, Wairoa – Telephone +64 6 838-7309 – Facsimile +64 6 838-8874
19 September 2016
Helen Kelly
[FYI request #4615 email]
FILE REF A06.10
Dear Helen
OFFICIAL INFORMATION REQUEST - TALLEYS
We are in receipt of your information request dated Saturday, 17 September 2016,
specifically:
Please provide me with any record of correspondence between the council and any
part of the Talleys company for the period of the last two years. Please also provide
any details regarding unpaid or disputed service charges and any permissions
granted to the company including any breaches of any permissions. Please treat this
request as urgent.
With reference to “Please also provide any details regarding unpaid or disputed service
charges”.
Please note, the aforementioned information is withheld under Sections 7(2)(h) and (i) of the
Local Government Official Information and Meetings Act 1987 (LGOIMA):
The relevant withholding grounds are set out below:
“Local Government Official Information and Meetings Act 1987
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Other reasons for withholding official information
(2) Subject to sections 6, 8, and 17, this section applies if, and only if, the
withholding of the information is necessary to -
(h) enable any local authority holding the information to carry out, without
prejudice or disadvantage, commercial activities; or
(i)
enable any local authority holding the information to carry on, without
prejudice or disadvantage, negotiations (including commercial and
industrial negotiations)”
It is necessary to withhold this information to allow the Wairoa District Council to carry on,
without prejudice or disadvantage, commercial activities and negotiations.
We do not consider that there is a stronger public interest in favour of releasing this particular
information which outweighs the reasons for withholding it.
Furthermore, with reference to “Please also provide … any permissions granted to the
company including any breaches of any permissions”. We have presumed this portion of
your requested relates to resource consents, accordingly we are transferring this particular
section of your request to the Hawke’s Bay Regional Council under Section 12 of LGOIMA
as this information is more closely connected with their functions.
The remainder of your information request will attract a charge at set out below.
Firstly, please note that charges cannot be fixed for time spent or expenses (including legal
expenses) incurred deciding on whether or not, or to what extent, information can be made
available. We have not fixed a charge in this regard.
Section 13(1A) and (3) of the LGOIMA provides:
“(1A) Subject to section 23, every local authority (including a local authority whose
activities are funded in whole or in part by another person) may charge for the
supply of official information under this Act.
(3)
Where no such amount is prescribed, any charge fixed shall be reasonable,
and regard may be had to the cost of the labour and materials involved in
making the information available and to any costs incurred pursuant to a
request of the applicant to make the information available urgently”
The Government Guidelines on Charging (which were last issued by the Ministry of Justice in
March 2002) provide a basis for assessing whether a proposed charge is reasonable. These
give some guidance on factors which may be relevant when assessing whether it is
reasonable to charge for the supply of certain information.
After the first hour the cost for supplying information is based on an initial charge of $38 for
the first chargeable half hour or part thereof; and then $38 for each additional half hour or
part thereof.
Specific charges relating to your information request:
Staff time used preparing information for release
1 hour free
15 hours thereafter = $1140.00 (GST included)
A copy of the Ministry of Justice - Charging Guidelines for Official Information Act 1982
Requests can be found online at
https://www.justice.govt.nz/about/official-information-act-
requests/directory-of-official-information/charging-guidelines-for-oia-requests/. Under Section 13(4) of the LGOIMA we require a deposit of $285.00 (GST included) before
proceeding.
You have opportunity to refine the scope of your request and thereby reduce the charge to
be imposed for the information released. Additionally, you have the right to seek a review by
the Ombudsman of the estimated charge.
Please confirm how you wish to proceed.
Please note if you are unhappy with the response to your request, you can complain to the
Ombudsman.
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Under the LGOIMA, the Ombudsman can investigate:
decisions to withhold information or to delete information from documents released to
you;
delays or extensions to the time limits for responding to requests;
charges for supplying information;
the way in which information has been made available;
release of information subject to conditions; and
the response to a request for a statement of reasons for a decision affecting the
requester.
If you have any questions regarding this letter please contact me directly on (06) 838-7309.
Yours sincerely,
Fergus Power
CHIEF EXECUTIVE OFFICER
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