20 March 2014
Official Information Request No. 9000127767
(Please quote this in any correspondence)
Mr Richard Brown
By email: [FYI request #1434 email]
Dear Mr Brown
Local Government Official Information and Meetings Act 1987
Re: Encroachment on public reserve
I refer to your email, which we received on 4 February 2014, requesting information about
an encroachment on the public reserve at 2R Bucklands Beach Road.
We can confirm that an agreement is in effect between the property owners at 2 Bucklands
Beach Road and Auckland Council. This agreement, dated 1991 and agreed by the former
Manukau City Council outlined an access partnership between council and the private
property owners which allowed for improved access to the reserve for machinery required
to maintain it. In concession of this access, the fence line was moved from the legal
boundary to a maximum allowable distance over a maximum length onto the reserve. A
copy of this agreement and related correspondence is provided as an attachment. Please
note that the names of private persons have been withheld under s7(2)(a) of the Act:
7. Other reasons for withholding official information
(2)
Subject to sections 6, 8, and 17, this section applies if, and only if, the
withholding of the information is necessary to—
(a)
protect the privacy of natural persons, including that of deceased natural
persons;
The agreement also allowed the property owners to work with Council to enhance this
accessway by way of paving and planting. The palms in question are covered under the
planting definition.
The storage of construction materials on the reserve is not an allowable activity and this
has been considered as it would on any Auckland Council reserve. Council officers have
visited the site and have contacted the material’s owners in regards to their removal. This
can be expected to occur in a timely manner. Council officers will, under regular process
return to ensure the items have been removed. Auckland Council has standard procedures
in regards to unauthorised storage on reserves which it can implement if materials owners
do not undertake removal.
Auckland Council has not issued any formal abatement or enforcement notices in regards
to the matters raised. The agreement in effect covers some matters raised as appropriate
Private Bag 92300, Auckland 1142 |
aucklandcouncil.govt.nz |
Ph 09 301 0101
and the others have been dealt with under standard Council process which, in the first
instance is a verbal discussion with the parties.
Should you believe Auckland Council has not responded appropriately to your request, you
have the right by way of complaint, under section 27(3) of the LGOIMA, to apply to the
Ombudsmen to seek an investigation and review of the decision.
If you have any further queries please contact me on 09 301 0101, quoting Official
Information Request No. 9000127767.
Yours sincerely
James Stephens
Information Advisor
AKLC Electoral Office/Public Info Unit
9000127767
Private Bag 92300, Auckland 1142 |
aucklandcouncil.govt.nz |
Ph 09 301 0101
