Printed from https://fyi.org.nz./request/14539-trade-waste-consent-breaches-2020-calendar on November 16, 2024 05:38

Trade Waste Consent Breaches 2020 Calendar

Matthew Young made this Official Information request to Hutt City Council

The request was successful.

From: Matthew Young

Dear Hutt City Council,

On 25 January 2021 Radio New Zealand published an article detailing the frequency and breadth of Trade Waste Consent breaches under different local authorities across Aotearoa.
The data visualisation attached to this article indicates that Hutt City Council is one of the local authorities who declined to release this information to Radio New Zealand.

I would like to request that Hutt City Council review this decision and provide the total number of trade waste consent breaches within the 2020 calendar year and the number of breaches broken down by consent holder in the 2020 calendar year.

I make this request on the following basis;

Many local authorities contacted by Radio New Zealand chose to publicly release this information, deciding that the public interest outweighed any good reasons to withhold the information.

In a follow-up article on 26 January 2021 Radio New Zealand quoted Chen Palmer lawyer and former Ombudsman Leo Donnelly who says these inconsistencies are concerning. He notes that the privacy clause in the LGOIMA is designed to 'protect individuals, not corporations, and the public interest in naming them should outweigh any argument for keeping them secret'. Further, "There is clearly a strong public interest in greater transparency about how local authorities are monitoring trade breaches and the effectiveness of bylaws."
Hutt City Council has recently relied on the professional opinion of Mr Donnelly in investigating a Code of Conduct complaint against Cr Milne.

Guidance published by the Office of the Ombudsman recognises that the LGOIMA is based on a principle of availability and says that 'If the public interest in disclosure outweighs the need to withhold, the information must be released.'

Locally there appears to be a high level of public interest with regard to this information, particularly as it concerns the following issues;

- Efforts to improve the health of Aotearoa's waterways. Here in Hutt City Whaitua Te Whanganui a Tara Committee has published a report and sought public input on this issue as part of developing a plan to care for our water resources.
- The impacts on our three waters network. In 2020 Hutt City Council received a report from Wellington Water which identified the need for significant network renewals to the value of $1.3billion over the next 30 years. Hutt City Council has clearly signaled the ongoing rates impact associated with this work.

These considerations are highly relevant to the public and provide strong grounds for release. If Hutt City Council decides again against release of this information can I please be provided with the reasons why considerations to the contrary were more highly valued.

Yours faithfully,

Matthew Young

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Hutt City Council

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From: Information Management Team
Hutt City Council

Attachment RE Trade Waste and Stormwater bylaw breaches.html
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Attachment image001.png
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Attachment annual TW report for GW August 2020.docx
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Attachment RE Trade Waste and Stormwater bylaw breaches.html
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Attachment Current Hutt Valley TW discharge consent holders.xlsx
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Attachment Response Letter to Official Information Request Anusha Bradley.pdf
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28/01/2021

 

Matthew Young

[1][FOI #14539 email]

 

Dear Matthew Young,

 

We received the requests from Radio NZ and responded with the two
responses attached. Additionally a member of staff from our Trade Waste
department had a phone conversation with the requester and provided
information verbally which the requester was happy with. Please find the
annual Trade Waste report within our response which should answer your
questions. Additionally we did not withhold information due to privacy
reasons but due to system constraints, substantial collation and not
holding the information.

 

Please let me know if you would like any additional information.

 

Regards,

 

Euan Kyle
Senior Advisor, Official Information and Privacy

Hutt City Council, 30 Laings Road, Private Bag 31912, Lower Hutt 5040, New
Zealand
T 04 570 6702 W [2]www.huttcity.govt.nz

 

From: Contact
Sent: Wednesday, 27 January 2021 11:48 AM
To: Information Management Team
Subject: FW: Official Information request - Trade Waste Consent Breaches
2020 Calendar [#58A41P]

 

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From: Matthew Young

Kia ora Euan,

Thanks for this response, the Trade Waste Management report is quite instructive. Can you please let me know;

1) Whether this annual report is published publicly (either through HCC, UHCC, WWL, GW or any other relevant agency)
2) The report notes 19 incidences of significant non-compliance during the 2019-20 reporting period. Can HCC please break these 19 incidences down by consent holder?
3) Can HCC also describe for each incidence of significant non-compliance during the 2019-20 reporting period the nature of the breach and the HCC repsonse?
4) Can you also please seek for me the number of incidences of significant non-compliance per year for the previous 5 years?

Thanks again,
Matt Young

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From: Euan Kyle
Hutt City Council

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01/02/2021  

   

   

 
Matthew Young
 
[1][FYI request #14539 email]
 

Dear Matthew Young,

 

REQUEST FOR INFORMATION - LOCAL GOVERNMENT OFFICIAL INFORMATION AND
MEETINGS ACT 1987: ACKNOWLEDGEMENT OF REQUEST

 

I am writing to acknowledge receipt of your official information request
dated 28 January 2021 for information regarding the Trade Waste Report and
Consent Breaches 2020 Calendar.

 

We received your request on 28 January 2021. We will endeavour to respond
to your request as soon as possible and in any event no later than 20
working days after the day your request was received. If we are unable to
respond to your request by then, we will notify you of an extension of
that timeframe.

 

If any additional factors come to light which are relevant to your
request, please do not hesitate to contact us so that these can be taken
into account.

 

Yours sincerely,

 

 

Euan Kyle

Senior Advisor, Official Information and Privacy

 

Hutt City Council, 30 Laings Road, Private Bag 31912, Lower Hutt 5040, New
Zealand

T 04 570 6702 W www.huttcity.govt.nz

 

 

 

Euan Kyle
Corporate Information Manager

Hutt City Council, 30 Laings Road, Private Bag 31912, Lower Hutt 5040, New
Zealand
T 04 570 6702,  W [2]www.huttcity.govt.nz

         [3][IMG]

[4][IMG]

IMPORTANT: The information contained in this e-mail message may be legally
privileged or confidential. The information is intended only for the
recipient named in the e-mail message. If the reader of this e-mail
message is not the intended recipient, you are notified that any use,
copying or distribution of this e-mail message is prohibited. If you have
received this e-mail message in error, please notify the sender
immediately. Thank you.

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From: Euan Kyle
Hutt City Council

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Attachment Response Letter to Official Information Request Matt Young.pdf
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23/02/2021  

   

   
Matthew Young

[1][FYI request #14539 email]

 

 

 

 

 

 

Dear Matthew Young,

Request for Information – Local Government Official Information and
Meetings Act 1987

We refer to your official information request dated 28 January 2021 for
information regarding the Trade Waste Report and Consent Breaches 2020
Calendar.

Please find the information you have requested enclosed.

You have the right to seek an investigation and review by the Ombudsman of
this decision. Information about how to make a complaint is available at
[2]www.ombudsman.parliament.nz or freephone 0800 802 602.

Please note that this letter (with your personal details removed) will be
published on the Council’s website.

Yours sincerely,

 

 

Euan Kyle
Senior Advisor, Official Information and Privacy

Hutt City Council, 30 Laings Road, Private Bag 31912, Lower Hutt 5040, New
Zealand
T 04 570 6702 W [3]www.huttcity.govt.nz

Encl:

Response Letter to Official Information Request Matt Young.PDF

 

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From: Matthew Young

Thank you very much Euan for the thorough response.

Cheers,
Matt Young

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