Which FNDC Bylaws are 'revoked' due to being 'out of time' for a review?
Leo Exel made this Official Information request to Far North District Council
The request was partially successful.
From: Leo Exel
Dear Far North District Council,
I am concerned that a number of FNDC bylaws may not be current, and may legally be considered ‘revoked’ under the Local Government Act (LGA) 2002.
My understanding is that under the LGA 2002, a brand new bylaw must begin to be reviewed within five (5) years of it first being ‘made’. There are then two (2) years where Council can spend time consulting with the community on that bylaw.
After a new bylaw has been reviewed once, Council can wait ten (10) years for the next review (again, with the two (2) year leeway period for consultation).
I am aware that there have been multiple amendments to the LGA over time, which may affect the legally required review dates of some of FNDC’s bylaws.
1. Is the above also FNDC’s understanding of the requirements of the LGA 2002 in this regard?
2. Other than the Chief Executive, please advise the position title of the person responsible for ensuring that the Far North District Council’s bylaws are current, and lawful. Please do not provide their name.
3. Please advise whether the current Mayor and/or Councillors have ever been made aware that any FNDC bylaw has become ‘revoked’ as a result of Council being ‘out of time’ to review it, or to make a new bylaw.
4. In relation to each of the following bylaws, please advise (i) in your view, given the date on which the bylaw was first made, when should it have been first reviewed, and thereafter reviewed? and (ii) do you consider that particular bylaw to be ‘revoked’ currently due to it being out of time for review? (iii) why/why not?
• CONTROL OF AMUSEMENT DEVICES AND ENTERTAINMENT PREMISES – which came into force on 1 December, 2009.
• KEEPING OF ANIMALS, POULTRY AND BEES 2007 – ‘made’ on 13 September, 2007, to come into force on 17 September, 2007
• CONTROL OF BROTHEL PREMISES LOCATION AND ADVERTISING SIGNS – this is online in Council’s bylaws section, but is not dated. Please advise of the date this was enacted and provide a final version of it in your response, and then the questions above still apply.
• CEMETERIES AND CREMATORIA BYLAW – there is no date on this bylaw online, however it states at the bottom of the document that this bylaw repeals the Kaikohe Borough Council Bylaw No. 1 of 1963. Please advise of the date this was enacted and provide a final version of it in your response, and then the questions above still apply.
• CONTROL OF EARTHWORKS BYLAW – which came into force on 14 December, 2009.
• LAND DRAINAGE BYLAW 2009 – which came into force 1 December, 2009
• The MARITIME FACILITIES BYLAW 2002 as on the FNDC website states that it was issued on 2 August, 2002, to come into force on 10 August, 2002. It then states within the document that it was Amended in May 2013, by a Resolution of Council 23 May 2013 and publicly notified 9th July 2013. If this is correct, then wouldn’t this bylaw have needed to be reviewed within 5 years of it first being made? That would have been 2 August, 2007 to begin the review, and two years after that, to complete it?
• MOBILE SHOPS AND HAWKERS 2010 – which came into force on August 25, 2010
• MOORING CHARGES BYLAW 2002 – which came into force 10 August, 2002
• NUISANCES – which is undated. Please advise of the date this was enacted and provide a final version of it in your response, and then the questions above still apply.
• CONTROL OF ON-SITE WASTEWATER DISPOSAL SYSTEMS – which came into force 1 July, 2010
• PARKING AND TRAFFIC CONTROL – which came into force on 1 July, 2010
• FAR NORTH DISTRICT COUNCIL PUBLIC PLACES LIQUOR CONTROL BYLAW 2003 – which came into force on 1 December, 2003.
• CONTROL OF THE USE OF PUBLIC PLACES – which came into force on 1 April, 2010
• RESERVES BYLAW – which states within the bylaw that it came into effect on 24 December, 2010, although there is a notation on your website that: “Council's full bylaw on Reserves. adopted at the January 2011 Council meeting”.
• The bylaw entitled SKATING AND CYCLES BYLAW 2007 – which then states in the text of the document that it was made on 13 December, 2012, to come into force on 21 December, 2012
• SPEED LIMITS BYLAW 2008 – which came into force on 14 December, 2009
• TRADE WASTE – which came into force on 1 December, 2009
• CONTROL OF VEHICLE CROSSINGS 2010 – which came into force on 1 July, 2010
• WATER SUPPLY – which came into force 1 December, 2009.
The Dog Control Bylaw and Policy and its legal status is the subject of another LGOIMA request to Council by ChenPalmer, on behalf of The Bay of Islands Watchdogs, and is thus not included here.
Yours faithfully,
Leonie Exel
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Far North District Council | Te Kaunihera o Tai Tokerau Ki Te Raki
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From: Ask Us Team
Far North District Council
Kia ora Leonie,
Thank you for your request received 17th December 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-3927508.
We thank you for taking the time to contact us. Please do not hesitate to
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Phillippa
[3][IMG] Ask Us Team
District Services
Far North District Council
09 401 5200 or 24-hour Contact Centre 0800 920 029 |
[4][Far North District Council request email]
-----Original Message-----
From: Leo Exel [[5]mailto:[FOI #9263 email]]
Sent: Friday, 14 December 2018 2:13:59 p.m.
To: Ask Us Team
Subject: Official Information request - Which FNDC Bylaws are 'revoked'
due to being 'out of time' for a review?
Dear Far North District Council,
I am concerned that a number of FNDC bylaws may not be current, and may
legally be considered ‘revoked’ under the Local Government Act (LGA) 2002.
My understanding is that under the LGA 2002, a brand new bylaw must begin
to be reviewed within five (5) years of it first being ‘made’. There are
then two (2) years where Council can spend time consulting with the
community on that bylaw.
After a new bylaw has been reviewed once, Council can wait ten (10) years
for the next review (again, with the two (2) year leeway period for
consultation).
I am aware that there have been multiple amendments to the LGA over time,
which may affect the legally required review dates of some of FNDC’s
bylaws.
1. Is the above also FNDC’s understanding of the requirements of the
LGA 2002 in this regard?
2. Other than the Chief Executive, please advise the position title
of the person responsible for ensuring that the Far North District
Council’s bylaws are current, and lawful. Please do not provide their
name.
3. Please advise whether the current Mayor and/or Councillors have
ever been made aware that any FNDC bylaw has become ‘revoked’ as a result
of Council being ‘out of time’ to review it, or to make a new bylaw.
4. In relation to each of the following bylaws, please advise (i) in
your view, given the date on which the bylaw was first made, when should
it have been first reviewed, and thereafter reviewed? and (ii) do you
consider that particular bylaw to be ‘revoked’ currently due to it being
out of time for review? (iii) why/why not?
• CONTROL OF AMUSEMENT DEVICES AND ENTERTAINMENT PREMISES – which
came into force on 1 December, 2009.
• KEEPING OF ANIMALS, POULTRY AND BEES 2007 – ‘made’ on 13
September, 2007, to come into force on 17 September, 2007
• CONTROL OF BROTHEL PREMISES LOCATION AND ADVERTISING SIGNS – this
is online in Council’s bylaws section, but is not dated. Please advise of
the date this was enacted and provide a final version of it in your
response, and then the questions above still apply.
• CEMETERIES AND CREMATORIA BYLAW – there is no date on this bylaw
online, however it states at the bottom of the document that this bylaw
repeals the Kaikohe Borough Council Bylaw No. 1 of 1963. Please advise of
the date this was enacted and provide a final version of it in your
response, and then the questions above still apply.
• CONTROL OF EARTHWORKS BYLAW – which came into force on 14
December, 2009.
• LAND DRAINAGE BYLAW 2009 – which came into force 1 December, 2009
• The MARITIME FACILITIES BYLAW 2002 as on the FNDC website states
that it was issued on 2 August, 2002, to come into force on 10 August,
2002. It then states within the document that it was Amended in May 2013,
by a Resolution of Council 23 May 2013 and publicly notified 9th July
2013. If this is correct, then wouldn’t this bylaw have needed to be
reviewed within 5 years of it first being made? That would have been 2
August, 2007 to begin the review, and two years after that, to complete
it?
• MOBILE SHOPS AND HAWKERS 2010 – which came into force on August
25, 2010
• MOORING CHARGES BYLAW 2002 – which came into force 10 August, 2002
• NUISANCES – which is undated. Please advise of the date this was
enacted and provide a final version of it in your response, and then the
questions above still apply.
• CONTROL OF ON-SITE WASTEWATER DISPOSAL SYSTEMS – which came into
force 1 July, 2010
• PARKING AND TRAFFIC CONTROL – which came into force on 1 July,
2010
• FAR NORTH DISTRICT COUNCIL PUBLIC PLACES LIQUOR CONTROL BYLAW 2003
– which came into force on 1 December, 2003.
• CONTROL OF THE USE OF PUBLIC PLACES – which came into force on 1
April, 2010
• RESERVES BYLAW – which states within the bylaw that it came into
effect on 24 December, 2010, although there is a notation on your website
that: “Council's full bylaw on Reserves. adopted at the January 2011
Council meeting”.
• The bylaw entitled SKATING AND CYCLES BYLAW 2007 – which then
states in the text of the document that it was made on 13 December, 2012,
to come into force on 21 December, 2012
• SPEED LIMITS BYLAW 2008 – which came into force on 14 December,
2009
• TRADE WASTE – which came into force on 1 December, 2009
• CONTROL OF VEHICLE CROSSINGS 2010 – which came into force on 1
July, 2010
• WATER SUPPLY – which came into force 1 December, 2009.
The Dog Control Bylaw and Policy and its legal status is the subject of
another LGOIMA request to Council by ChenPalmer, on behalf of The Bay of
Islands Watchdogs, and is thus not included here.
Yours faithfully,
Leonie Exel
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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
To Leonie Exel
By email only to: [1][FOI #9263 email]
Dear Ms Exel
Official Information Requests 3927508
Thank you for your information request received on 14 December 2018, which
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 4 February
2018.
Thank you for your enquiry.
Yours faithfully
[2]FNDC Legal Services Officer
logo Corporate Services, Far North District Council
24-hour Contact Centre 0800 920 029
[3]Website | [4]Facebook | [5]LinkedIn |
[6]Careers
[7]FNDC xmas
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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.
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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
Please consider the environment before printing this email.
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From: Carla Ditchfield-Hunia
Far North District Council
To Leonie Exel
By email only to: [email address]
[FOI #9263 email]
Dear Ms Exel,
Official information request - RFS 3927502, 3927508
I refer to your information requests as referenced above, the responses
have been drafted and are almost ready to provide to you. However, Council
find it necessary to check the accuracy of the information that will be
provided to you; key Council staff with which consultation is required
remain on annual leave though will return next week.
Therefore we are anticipating a short delay in getting the information to
you. Pursuant to section 14(1)(b) of the Local Government Official
Information and Meetings Act 1987 we will extend the date with which the
information will be provided to Friday 8 February 2019 if not sooner.
Thank you for your patience.
Yours faithfully
[1]FNDC Legal Services
logo Corporate Services, Far North District Council | 24-hour Contact
Centre 0800 920 029
[2]Website | [3]Facebook | [4]LinkedIn | [5]Careers
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Attention: The information contained in this email (including any
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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
Please consider the environment before printing this email.
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5. http://fndc.govt.applyfirst.net/
hide quoted sections
From: Carla Ditchfield-Hunia
Far North District Council
To Leonie Exel
By email only to: [FOI #9263 email]
Dear Ms Exel,
Official information request - RFS 3927508
I refer to your information request as referenced above, please find
response attached.
Yours faithfully
[1]FNDC Legal Services
logo Corporate Services, Far North District Council | 24-hour Contact
Centre 0800 920 029
[2]Website | [3]Facebook | [4]LinkedIn | [5]Careers
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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
Please consider the environment before printing this email.
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5. http://fndc.govt.applyfirst.net/
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Leo Exel left an annotation ()
After first denying (under LGOIMA) that any bylaws had expired, FNDC finally got back to us and said that 7 have expired due to being out of time. https://www.nzherald.co.nz/northern-advo...
We are STILL waiting on them on 13 others, where they have refused to state that they are expired or otherwise. They just won't answer all our questions.
It's with the Ombudsman now.
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Leo Exel left an annotation ()
I have sent this issue on to the Ombudsman as the reply did not satisfy me that FNDC has legal, non-revoked bylaws, including the Reserves Bylaw.
Link to this