I am requesting some documentation that the council are legaly required to hold on the property 500 Pupuke Mangapa rd Kaeo

Gary Whitehead made this Official Information request to Far North District Council

The request was partially successful.

From: Gary Whitehead

Dear Far North District Council,

You are legally required to hold these following records and documents
:the names of any licensed building practitioners who certified the designs and/or undertook building work on projects that come under the restricted building work regime.
:Code compliance certificates
:Compliance schedules
:summary of written complaints received by the territorial authority concerning alleged breaches of this building Act or the former Act
:information on how the territorial authority dealt with the complaints.

I would like all the above documents relating to the insanitary notice issued by the council in 2007 for 500 Pupuke Mangapa Road Kaeo

I have previously requested some of this information and was told by council that a third party held some of the work records and there are no code of compliance or compliance schedules on record.
As this is information that must be legally available to the public ( under the building act ) and kept by council, I request it. if it is not available as it should be I request council get a determination from the Ministry of Business, Innovation and Employment over the legality of removing an Insanitary notice with no evidence of work done or the required paper work.

Yours faithfully,
Gary Whitehead

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From: Ask Us Team
Far North District Council

Thank you for contacting the Far North District Council.

 

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From: Ask Us Team
Far North District Council

Good afternoon Gary,

Thank you for contacting the Far North District Council.

Your request has been forwarded to our Legal Department for a response. Reference number is RFS- 3863307

We will notify you of the outcome of your request once a response has been received.

Kind regards

Donna Smith
Team Leader - Customer Contact Centre
District Services, Far North District Council
+6494015213 | [email address]
www.fndc.govt.nz

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From: Carla Ditchfield-Hunia
Far North District Council


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Dear Mr Whitehead

 

Official Information Request 3863307

 

Thank you for your information request received 14 December 2017. Your
request has been referred to Legal Services for consideration under the
provisions of the Local Government Official Information and Meetings Act
1987 (“the LGOIMA”).

 

Pursuant to s 13(1) of the LGOIMA we must respond to your request “…as
soon as reasonably practicable, and in no case later than 20 working days
after the day on which the request is received…”.

 

Pursuant to section 2 of the LGOIMA ‘working day’ means any day of the
week other than — …  a day in the period commencing with 25 December in
any year and ending with 15 January in the following year.

 

Therefore a response to your request will be provided to you by 2 February
2018.

 

Kind regards

 

[1]FNDC Carla Ditchfield-Hunia
logo Legal Services Officer
Corporate Services, Far North District Council  |  24-hour Contact
Centre 0800 920 029
ddi +6494015215   |   [2][email address]
  [3]Website  |   [4]Facebook  |  [5]LinkedIn   |   [6]Careers

 

 [7]F

 

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Far North District Council | Te Kaunihera o Tai Tokerau Ki Te Raki
Ph. 09 401 5200 | Fax. 09 401 2137 | Email. [Far North District Council request email]
Address. Memorial Avenue, Private Bag 752, Kaikohe 0440, New Zealand

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From: Carla Ditchfield-Hunia
Far North District Council


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To Gary Whitehead

By email to:     [FOI #7007 email]

 

 

Dear Mr Whitehead

 

Official Information Request – RFS 3863307

 

Thank you for your enquiry 14 December 2017. Your request has been
referred to the Legal Services department for consideration under the
provisions of the Local Government Official Information and Meetings Act
1987 (“the LGOIMA”).

 

Your request

 

In relation to 500 Pupuke Mangapa Road Kaeo (“500 Pupuke”) and its 2007
insanitary notice please provide:

 

·      Names of any licensed building practitioners who certified the
designs and/or undertook building work on projects that come under the
restricted building work regime.

·      Code compliance certificates (CCC)

·      Compliance schedules

·      Summary of written complaints received by the territorial authority
concerning alleged breaches of this building Act or the former Act

·      Information on how the territorial authority dealt with the
complaints.

 

Our response

 

After a thorough search of our electronic records pertaining to the
aforementioned address we cannot locate any of the information requested.
Typically we would also perform a search of the hard copy property file.
However, you may be aware that the Far North District Council is
undergoing a digitisation project whereby all of our property files (hard
copy) are being converted to a digital format. These property files are
currently in Christchurch undergoing digitisation. We were expecting that
this process would now be complete; therefore I had expected to have been
able to search the paper file of 500 Pupuke. However there has been a
delay in the process. Once the digitisation project is complete I will be
able to perform a further search on the property file and advise if any of
the information requested exists.

 

I note that you have made similar information requests regarding this
property before (2015) and so are privy to some relevant information. A
property file search was made then and no such information regarding code
of compliance schedules and CCCs was found. I would expect that any of the
information requested that came into being after 2015 would have been
uplifted to our electronic system therefore if it existed I would have
located the information. So, it is likely that the information you have
requested does not exist. However, I will do a final check once the
digitisation project is complete though I am unable to provide a date as
to when this will be.

 

For now your request is refused, pending a final inspection upon
digitisation completion, pursuant to section 17(e) of the LGOIMA as the
information requested does not exist.

 

Should you find this response dissatisfactory, you do have a right of
recourse with the Ombudsman. The details should you require them:

 

The Office of the Ombudsman

PO Box 10152
Wellington 6143

tel. (0800 802 602.

 

Thank you for your enquiry.

                              

Yours faithfully

 

 

 

[1]FNDC Carla Ditchfield-Hunia
logo Legal Services Officer
Corporate Services, Far North District Council  |  24-hour Contact
Centre 0800 920 029
ddi +6494015215   |   [email address]
  [2]Website  |   [3]Facebook  |  [4]LinkedIn   |   [5]Careers

 

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

Get it done online at your convenience, visit our website -
www.fndc.govt.nz

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Far North District Council | Te Kaunihera o Tai Tokerau Ki Te Raki
Ph. 09 401 5200 | Fax. 09 401 2137 | Email. [Far North District Council request email]
Address. Memorial Avenue, Private Bag 752, Kaikohe 0440, New Zealand

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References

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1. http://www.fndc.govt.nz/
2. http://www.fndc.govt.nz/
3. http://www.facebook.com/FarNorthDistrict...
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5. http://fndc.govt.applyfirst.net/

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From: Gary Whitehead

Dear Carla Ditchfield-Hunia,

Thank you for your reply.

If as you say, the information does not exist.
Can you give me any justification of why the section 124 notice was removed from the property, without the legally required documentation?

You are right I have sought this information before but have never received any evidence of any of the required documentation which you are legally bound to keep.
Even if the Documents do not exist there would be invoices sent to the previous owners for inspection fees. Complience certificates etc.
So could I at least have copies of these.

Yours sincerely,

Gary Whitehead

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From: Carla Ditchfield-Hunia
Far North District Council

Good morning Mr Whitehead

Thank you for your email. I am going to send your queries through to the building support team. They would be in a better position to answer your queries for you.

Have a lovely day.

Kind regards

Carla Ditchfield-Hunia
Legal Services Officer
Corporate Services, Far North District Council
+6494015215 | [email address]
www.fndc.govt.nz

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