Public searches and freedom of movement restriction

Cody C made this Official Information request to Christchurch City Council

The request was successful.

From: Cody C

Dear Christchurch City Council,

Re: Hagley Park Event, 31 December 2016

I am requesting the specific legislation used that enabled the City Council to restrict access to, and search bags of, members of the public in accordance with the Official Information Act 1982.

For the purposes of the Act, I am a New Zealand citizen and residing in New Zealand at the time of making this request. You generally have 20 working days to respond to this notice, as required by law. Your response will be published publicly on the fyi.org.nz website.

Yours faithfully,

Cody C

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From: Official Information
Christchurch City Council

Please note that the Official Information inbox will not be monitored between 24 December - 10 January.

Any requests or questions regarding LGOIMA will not be acknowledged until 10 January.

Staff will respond to any queries on their return on 10 January.

Seasons Greetings.
Official Information Team

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From: Official Information
Christchurch City Council


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Attachment IMG 8162.JPG.jpg
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Attachment Smoke Free.jpg
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Dear Cody,

You asked for the specific legislation used that enabled the City Council to restrict access to, and search bags of, members of the public under the Local Government Official Information and Meetings Act 1987 (LGOIMA).

Council Response

With respect to the specific legislation used, the Council relies on its powers in the Christchurch City (Reserves) Empowering Act 1971, the Reserves Act 1977, the Local Government Act 2002 and the Christchurch City Council Parks and Reserves Bylaw 2016 to restrict access to the event, and set the terms and conditions for the use of a portion of Hagley Park. The legislation can be found at www.legislation.govt.nz, and the Council’s bylaw can be downloaded at https://ccc.govt.nz/the-council/plans-st... .

The New Year’s Eve event was held in the Concert Triangle which is part of the Entertainment Zone of Hagley Park. The Council, as an organiser of the event, is able to specify the terms and conditions for entry to the event (just as any other event organiser is able to do). This includes the conditions that the event is an alcohol and smokefree event and that bags that are brought in may be searched for alcohol. These conditions of entry were clearly signed posted at each entry point. I attach relevant images to the New Year’s Eve event on 31 December 2016.

You have the right to ask the Ombudsman to investigate and review our decision. Complaints can be sent by email to [email address], by fax to (04) 471 2254, or by post to The Ombudsman, PO Box 10152, Wellington 6143.

Kind regards,

Sean

Sean Rainey
Senior Information Adviser and Privacy Officer
Office of the Chief Executive
Christchurch City Council
53 Hereford Street, Christchurch 8011
PO Box 73016, Christchurch 8154

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