Irregularities at Horeke Temporary Pound and advice to Council

Leo Exel made this Official Information request to Far North District Council

The request was partially successful.

From: Leo Exel

Shaun Clarke, Chief Executive
Far North District Council
22 November, 2018
- By email -

Dear Shaun,
We are writing to you under LGOIMA for further information around the Horeke Temporary Pound, which is on leased land, and the planning, financial, building and reporting processes relating to this pound.
Please redact staff names in the response, we are just seeking job titles. Please advise as follows:
(i) Was a formal exit interview conducted with the manager of the Okaihau pound?
(ii) Was there was a conflict of interest declared by the FNDC animal control manager who is related to the land owner from whom land has been leased? Please attach evidence of that declaration, including the date this was submitted.
(iii) Before Council made a commitment to go ahead with the Horeke Temporary Pound, was a cost analysis or financial report produced? Please attach a copy if so.
(iv) Was a resource consent and/or preliminary assessment provided for the establishment of the temporary pound, in terms of its location and function? Please supply a copy.
(v) Was construction of the facility and amenities carried out by approved Site Wise FNDC contractors? Who were they?
(vi) Is the annual cost of the lease comparable to the previous lease costs for the former Okaihau pound? That contract was for $29,000 per year for 24-hour oversight, care of the dogs, and a rehoming service, and $14,500 annually for lease of the land.
(vii) Council was advised by staff that building works began on the Horeke site, and that a 12-month agreement had been negotiated, in a May, 2017 report:

“Following the identification of a suitable location for a temporary dog pound, a 12-month agreement has been negotiated for the siting of the temporary dog pound on a farm in the Okaihau area. Construction (concrete slab, and positioning of relocatable kennels and enclosures) is currently underway with the pound being able to kennel 30 dogs when completed.”

Dog Pound Information Report to Council; 18 May, 2017; # A1868035

We have been advised that in reality, an agreement between FNDC and the landowner was not signed until March, 2018, ten months after the above statement was made to Council.

Who approved that work commence on the site before an agreement was signed?
Is this consistent with FNDC policy and procedures?
Why did the Chief Financial Officer not review that report?
Who is responsible for ensuring that Council reports are accurate/truthful?

(viii) We have been waiting now, under LGOIMA, since October 10, 2018 for a copy of the above-mentioned lease with the landowner. Please provide it.
(ix) In the report provided to Council’s Operations Committee Meeting on 8th June 2017, the report stated that the Horeke pound would be “operational no later than 10 June 2017” . However, dogs were not present in that pound until March 2018 (CEO Report A2020062, 16th April 2018). Why was there a nine-month delay?
(x) When Council moves all operations to a new permanent location in Ngawha, what infrastructure/buildings will be left behind on the Horeke site? For example, the concrete slab, the water tank?
(xi) Please provide a breakdown of costs, and the total cost, of the Horeke pound, so far.

Yours sincerely,

Annette Ingliss and Victor Bokulic, Pound Working Group, & Leonie Exel, Coordinator
The Bay of Islands Watchdogs

References
Document Number A1868035
Dated 18th May 2017
Title Pound Information Report
Author Darren Edwards
Meeting Tabled Operations Committee 8th June 2017

Document Number A1998999
Dated 6th March 2018
Title Dog Pound Projects Update
Author Katie Waiti-Denis
Meeting Tabled Council 28th March 2018

Document Number A2021122
Dated 4th April 2018
Title Opportunities to progress the Kaitaia Dog Pound
Author Darren Edwards
Meeting Tabled Council 26th April 2018

Document Number A2020062
Dated 16th April 2018
Title Chief Executive Officer’s Report to Council. 1 March – 31 March 2018
Author Kaela Allison
Meeting Tabled Council 26th April 2018

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From: Ask Us Team
Far North District Council

Kia ora Annette and Victor,

Thank you for your request received Friday 23rd November 2018.

Pursuant to the Local Government Official Information and Meetings Act
1987, you will receive a reply within twenty working days of Council
receiving your request.

Please quote your customer Reference in any future correspondence
concerning this matter RFS-3923274
 

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-----Original Message-----
From: Leo Exel [[5]mailto:[FOI #9095 email]]
Sent: Thursday, 22 November 2018 6:41:16 a.m.
To: Ask Us Team
Subject: Official Information request - Irregularities at Horeke Temporary
Pound and advice to Council

Shaun Clarke, Chief Executive
Far North District Council
22 November, 2018
-       By email -
Dear Shaun,
We are writing to you under LGOIMA for further information around the
Horeke Temporary Pound, which is on leased land, and the planning,
financial, building and reporting processes relating to this pound.
Please redact staff names in the response, we are just seeking job titles.
Please advise as follows:
(i)     Was a formal exit interview conducted with the manager of the
Okaihau pound?
(ii)    Was there was a conflict of interest declared by the FNDC animal
control manager who is related to the land owner from whom land has been
leased? Please attach evidence of that declaration, including the date
this was submitted.
(iii)   Before Council made a commitment to go ahead with the Horeke
Temporary Pound, was a cost analysis or financial report produced? Please
attach a copy if so.
(iv)    Was a resource consent and/or preliminary assessment provided for
the establishment of the temporary pound, in terms of its location and
function? Please supply a copy. 
(v)     Was construction of the facility and amenities carried out by
approved Site Wise FNDC contractors? Who were they?
(vi)    Is the annual cost of the lease comparable to the previous lease
costs for the former Okaihau pound? That contract was for $29,000 per year
for 24-hour oversight, care of the dogs, and a rehoming service, and
$14,500 annually for lease of the land.
(vii)   Council was advised by staff that building works began on the
Horeke site, and that a 12-month agreement had been negotiated, in a May,
2017 report:
“Following the identification of a suitable location for a temporary dog
pound, a 12-month agreement has been negotiated for the siting of the
temporary dog pound on a farm in the Okaihau area. Construction (concrete
slab, and positioning of relocatable kennels and enclosures) is currently
underway with the pound being able to kennel 30 dogs when completed.”
Dog Pound Information Report to Council; 18 May, 2017; # A1868035
We have been advised that in reality, an agreement between FNDC and the
landowner was not signed until March, 2018, ten months after the above
statement was made to Council.
Who approved that work commence on the site before an agreement was
signed?
Is this consistent with FNDC policy and procedures?
Why did the Chief Financial Officer not review that report?
Who is responsible for ensuring that Council reports are
accurate/truthful?
(viii)  We have been waiting now, under LGOIMA, since October 10, 2018 for
a copy of the above-mentioned lease with the landowner. Please provide it.
(ix)    In the report provided to Council’s Operations Committee Meeting
on 8th June 2017, the report stated that the Horeke pound would be
“operational no later than 10 June 2017” . However, dogs were not present
in that pound until March 2018 (CEO Report A2020062, 16th April 2018). Why
was there a nine-month delay?
(x)     When Council moves all operations to a new permanent location in
Ngawha, what infrastructure/buildings will be left behind on the Horeke
site? For example, the concrete slab, the water tank?
(xi)    Please provide a breakdown of costs, and the total cost, of the
Horeke pound, so far.
Yours sincerely,
Annette Ingliss and Victor Bokulic, Pound Working Group, & Leonie Exel,
Coordinator
The Bay of Islands Watchdogs
References
Document Number  A1868035
Dated   18th May 2017
Title   Pound Information Report
Author  Darren Edwards
Meeting Tabled  Operations Committee 8th June 2017
Document Number  A1998999
Dated   6th March 2018
Title   Dog Pound Projects Update
Author  Katie Waiti-Denis
Meeting Tabled  Council 28th March 2018
Document Number  A2021122
Dated   4th April 2018
Title   Opportunities to progress the Kaitaia Dog Pound
Author  Darren Edwards
Meeting Tabled  Council 26th April 2018
Document Number  A2020062
Dated   16th April 2018
Title   Chief Executive Officer’s Report to Council. 1 March – 31 March
2018
Author  Kaela Allison
Meeting Tabled  Council 26th April 2018
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or any effects our email may have on the recipients computer system or
network.
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Far North District Council | Te Kaunihera o Tai Tokerau Ki Te Raki
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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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Ms Leonie Exel et al

By email only to:     [FOI #9095 email]

 

 

Dear Ms Exel, Ms Inglis, Mr Bokulic

 

Official information request: 3923274

 

I refer to your information request received 22 November 2018 which has
been referred to Legal Services for consideration in accordance with the
provisions of the Local Government Official Information and Meetings Act
1987 (“the LGOIMA”).

 

Your information request and corresponding answers are as follows:

 

 1. Was a formal exit interview conducted with the manager of the Okaihau
pound?

 

No, Council did not conduct an exit interview as this was a contracted
service with an external contractor. The service provider gave written
notice to Council to terminate the service agreement.

 

 2. Was there was a conflict of interest declared by the FNDC animal
control manager who is related to the land owner from whom land has
been leased? Please attach evidence of that declaration, including the
date this was submitted.

 

The Team Leader – Animal Management (to whom you refer) was not involved
in the negotiations of lease agreements or contracts for service. Council
entered into a lease agreement with the land owner before the contract for
services with the service provider was terminated. A contract was arranged
for additional land for the temporary dog pound facility.

 

 3. Before Council made a commitment to go ahead with the Horeke Temporary
Pound, was a cost analysis or financial report produced? Please attach
a copy if so.

 

Council engaged an external contractor to deconstruct the Okaihau Pound
and reconstruct the Horeke Pound. Council received a quote for this work
which was approved according to appropriate Council procurement
procedures.

 

 4. Was a resource consent and/or preliminary assessment provided for the
establishment of the temporary pound, in terms of its location and
function? Please supply a copy.

 

Council staff held discussions with technical experts who confirmed that
resource consent was not required.

 

 5. Was construction of the facility and amenities carried out by approved
Site Wise FNDC contractors? Who were they?

 

The contractors involved in the construction of the facility and amenities
were Total Span, Mark Fell Engineering, Far North Drainlayers, Kerikeri
Plumbers and Just Spray It, Just Fence It Contractors.

 

 6. Is the annual cost of the lease comparable to the previous lease costs
for the former Okaihau pound? That contract was for $29,000 per year
for 24-hour oversight, care of the dogs, and a rehoming service, and
$14,500 annually for lease of the land.

 

The annual cost of the current facility is less than that provided
previously. Refer to the Southern Dog Pound Agreement (a copy has already
been provided).

 

 7. Council was advised by staff that building works began on the Horeke
site, and that a 12-month agreement had been negotiated, in a May,
2017 report. Who approved that work commence on the site before an
agreement was signed?

 

A verbal agreement between the landowner and Council had been reached in
order for work to commence as a matter of urgency.

 

 8. Is this consistent with FNDC policy and procedures?

 

Yes.

 

 9. Why did the Chief Financial Officer not review that report?

 

No requirement for CFO to read the report.

 

10. Who is responsible for ensuring that Council reports are
accurate/truthful?

 

The report author.

 

11. In the report provided to Council’s Operations Committee Meeting on
8th June 2017, the report stated that the Horeke pound would be
“operational no later than 10 June 2017” . However, dogs were not
present in that pound until March 2018 (CEO Report A2020062, 16th
April 2018). Why was there a nine-month delay?

 

The external contractor responsible for this project encountered delays
due to weather, access, availability of contractors, supplier constraints
and project manager health issues. The Animal Management team still
continued to operate a dog pound facility in Kaitaia that for a time
serviced the wider district.

 

12. When Council moves all operations to a new permanent location in
Ngawha, what infrastructure/buildings will be left behind on the
Horeke site? For example, the concrete slab, the water tank?

 

Refer to the Southern Dog Pound Agreement (a copy has already been
provided).

 

13. Please provide a breakdown of costs, and the total cost, of the Horeke
pound, so far.

 

We can provide a total cost for financial year 2017/18: $131,967.58.

 

Thank you for your enquiry.

 

[1]FNDC-swishYours faithfully

 

 

[2]FNDC Legal Services
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-----------------------------------------------------------
Attention: The information contained in this email (including any
attachments) is intended solely for the addressee(s). It is confidential
and may be legally privileged. If you have received this email in error
you must not use, copy, disclose or distribute it or any information in
it. Please simply notify the sender and delete or destroy all copies of
the email immediately. Unless formally stated, this e-mail and any
attachments do not necessarily reflect the views of the Far North District
Council. The Far North District Council accepts no responsibility for any
interception of, or changes to, our email after it leaves us. We do not
accept responsibility for any viruses or similar carried with our email,
or any effects our email may have on the recipients computer system or
network.
-----------------------------------------------------------
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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