Road Closure Policy
Richard made this Official Information request to Palmerston North City Council
Palmerston North City Council did not have the information requested.
From: Richard
Dear Palmerston North City Council,
Pursuant to section 10 of the Local Government Official Information and Meetings Act 1987, please provide a copy of the policy Palmerston North Council has regarding its ability to close public roads under its control.
Please also outline the legal authority relied on to make such decisions to close public roads under its control.
This request is made with urgency pursuant to section 10(3) as the information sought is to be used to inform public discussion on an imminent event, involving road closures.
Yours faithfully,
Richard
From: Penny Odell
Palmerston North City Council
Good afternoon Richard
I am writing to acknowledge receipt of your official information request
of 16 October 2018
We will endeavour to respond to your request as soon as possible and in
any event no later than 14 November 2018 being 20 working days after the
day your request was received.
We have noted your request for urgency and that you have also been in
contact with David Lane.
If we are unable to respond to your request by then, we will notify you of
an extension of that timeframe.
If you have any queries, please feel free to contact me
regards
Penny
PENNY ODELL l Committee Administrator
Palmerston North City Council l Private Bag 11034 l Palmerston North
P: +64 (6) 3568199 l F: +64 (6) 355 4115 l [1]www.pncc.govt.nz
References
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1. http://www.pncc.govt.nz/
From: David Lane
Palmerston North City Council
Richard, in line with your recent request for information. Council relies on the powers conferred under Section 342 Local Government Act 1974 and the provisions of the Schedule 10 of that Act. The exception is that Council did not in this case rely on the power conferred under clause 11(e) as it relates to public events because of the nature of the partial road closure sought.
The Council does not have a specific policy with regards its ability to close roads under its control. The powers conferred under the statute are exercised under delegation and decided at the time of application.
Regards
DAVID LANE | Road Planning Team Leader
Palmerston North City Council | Private Bag 11034 | Palmerston North
P: +64 (6) 3568199 | F: +64 (6) 3514489 | M: +64 (27) 4449834 | www.pncc.govt.nz
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From: Richard
Dear David Lane,
Thank you for the information David. Can you please confirm which power was exercised if Schedule 10 of the Local Government Act was not the authority being relied on to close roads around Central Energy Trust Arena between 30 October and 1 November 2018.
Yours sincerely,
Richard
From: David Lane
Palmerston North City Council
Hello Richard. Schedule 10 was the Authority relied on, just not clause 1(e).
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From: Richard
Dear David Lane,
In that case your initial reply seems to be attempting to obstruct the LGOIAM Act. The request was not which authority was not used.
Can you please address the actual question i.e. what was the legal authority relied on in order to close the roads. If you are not the correct person within the Council to provide this information, can you please refer this matter onto the right person.
Yours sincerely,
Richard
From: David Lane
Palmerston North City Council
Thank you. My understanding is that the approval system does not require stipulation of which particular clause the Council has relied upon. You have been provided the document with the approval endorsed upon it. I cannot stipulate the particular power exercised after the event. .
Regards
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