Details of agreement with landowner of proposed Lees Rd car park for Cathedral Cove

Richard Agnew made this Official Information request to Thames-Coromandel District Council

The request was refused by Thames-Coromandel District Council.

From: Richard Agnew

Dear Thames-Coromandel District Council,

Can you advise the complete details of the agreement with Mr Carter re use of his land for a proposed new car park,including any "out clauses' the Council has ,other than failing to get a resource consent approval for this.
As this process would appear not to be commercially sensitive as there are no other persons offering suitable land ,could you please advise Councils financial obligations with the landowner.

Yours faithfully,
Richard Agnew

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From: Paul Davies
Thames-Coromandel District Council

Good afternoon Mr Agnew


I refer to your information request of 27 March where you have requested
the complete details of the agreement with Mr Carter regarding use of his
land for a proposed new car park. 


Under the Local Government Official Information and Meetings Act 1987
(LGOIMA), the Council is obliged to release information it holds, unless
it has good reason to withhold it.  The reasons allowing Council to
withhold information are set out in sections 6, 7, 8 and 17 of LGOIMA.  


Having considered your request Council will not be providing the
information requested.  In this case Council relies on section 7(2)(i) of
LGOIMA which provides that information may be withheld to enable any local
authority holding the information to carry on, without prejudice or
disadvantage, negotiations.


I have further considered the circumstances of the particular request and
don't believe that the withholding of the information is outweighed by
other considerations which render it desirable, in the public interest, to
make that information available.


Please feel free to contact me if you wish to discuss the matter further.


If you object to the withholding of the information detailed above, please
note that under section 27(3) of the Act, you have a right of appeal to
the Ombudsman.  Pursuant to section 27(3) you can request the Ombudsman to
investigate and review Council’s handling of your official information
request.  Such requests must be in writing and should be directed to the
Ombudsman’s office, which is situated at Level 10, 55-65 Shortland Street,
Auckland 1010.  The Ombudsman’s contact phone number is 0800 802 802.  
Further information is available on the Ombudsman's website:





Paul Davies

Legal Counsel


Thames-Coromandel District Council
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