Kia ora Barbara

I acknowledge receipt of your official information request dated 22
November 2021 for:

- A full list of council funded public and other facilities and amenities
that will require proof of vaccination status as a condition of entry or
use.
- The proportion of my rates attributed to these facilities and amenities,
with proof.

We will endeavour to respond to your request as soon as possible and no
later than 11 January 2022, being 20 working days after the day your
request was received. If we are unable to respond to your request by this
date, we will notify you of an extension of that timeframe. For requests
that are likely to involve substantial collation and/or research there may
be a charge for staff time, however if this is the case we will advise you
before we process your request.

Your request is being handled by the Operational Governance Team. If you
have any queries, please feel free to contact the Team on
[email address]. 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.

Ngā mihi
Erinn

 ​
LGOIMA
LGOIMA Requests
Call  +64 3 543 8400   |   [1][Tasman District Council request email]
Private Bag 4, Richmond 7050, NZ
[2][IMG] [3][IMG]
[4][IMG]
This e-mail message and any attached files may contain confidential
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are not the intended recipient, please delete
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Kia ora Barbara

I refer to your official information request dated 22 November 2021.

Please find the information you requested regarding accessing Council
services and facilities [1]here.

Tasman District Council, like all public building owners, must comply with
new legislation set out by central government in respect of entry to
public buildings and community facilities.

Local Government rates are a tax on property, not a user pays system. The
rates we charge have been set to make public facilities available for use.
The use of these buildings and facilities is a choice.

As a result, regardless of the reason for an individual’s choice to not
use a facility, the liability for rates will remain.

If you are not satisfied with Council’s response, you have the right to
seek an investigation and review by the Ombudsman. Information about how
to make a complaint is available at [2]www.ombudsman.parliament.nz or
freephone 0800 802 602. 

If you wish to discuss this decision with us, please feel free to
contact the Operational Governance team on [3][email address].  

Ngā mihi
Erinn

 

 

 ​
LGOIMA
LGOIMA Requests
Call  +64 3 543 8400   |   [4][Tasman District Council request email]
Private Bag 4, Richmond 7050, NZ
[5][IMG] [6][IMG]
[7][IMG]
This e-mail message and any attached files may contain confidential
information, and may be subject to legal professional privilege. If you
are not the intended recipient, please delete
​

From: LGOIMA <[Tasman District Council request email]>
Sent: Monday, 22 November 2021 8:58 am
To: Barbara <[FOI #17638 email]>
Subject: RE: Official Information request - Denial of entry to council
facilities and amenities if unvaccinated

 

Kia ora Barbara

I acknowledge receipt of your official information request dated 22
November 2021 for:

- A full list of council funded public and other facilities and amenities
that will require proof of vaccination status as a condition of entry or
use.
- The proportion of my rates attributed to these facilities and amenities,
with proof.

We will endeavour to respond to your request as soon as possible and no
later than 11 January 2022, being 20 working days after the day your
request was received. If we are unable to respond to your request by this
date, we will notify you of an extension of that timeframe. For requests
that are likely to involve substantial collation and/or research there may
be a charge for staff time, however if this is the case we will advise you
before we process your request.

Your request is being handled by the Operational Governance Team. If you
have any queries, please feel free to contact the Team on
[8][email address]. 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.

Ngā mihi
Erinn

  ​
LGOIMA  |  Governance Services
LGOIMA Requests
 

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Kia ora Barbara

 

I apologise if my earlier email was not clear. I confirm Council’s
response was to your LGOIMA request.

 

In response to your questions:

 1. You can find information about what Council facilities require a My
Vaccine Pass [1]here.
 2. Council rates are a property tax and are not apportioned to
facilities.

 

If you are not satisfied with Council’s response, you have the right to
seek an investigation and review by the Ombudsman. Information about how
to make a complaint is available at [2]www.ombudsman.parliament.nz or
freephone 0800 802 602. 

If you wish to discuss this decision with us, please feel free to
contact the Operational Governance team on [3][email address].  

Ngā mihi
Erinn

 ​
LGOIMA
LGOIMA Requests
Call  +64 3 543 8400   |   [4][Tasman District Council request email]
Private Bag 4, Richmond 7050, NZ
[5][IMG] [6][IMG]
[7][IMG]
This e-mail message and any attached files may contain confidential
information, and may be subject to legal professional privilege. If you
are not the intended recipient, please delete
​

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Kia ora Barbara

In both responses, the word 'here' is hyperlinked to this page:
https://www.tasman.govt.nz/my-council/ab....

Ngā mihi
Erinn

 ​
LGOIMA
LGOIMA Requests
Call  +64 3 543 8400   |   [1][Tasman District Council request email]
Private Bag 4, Richmond 7050, NZ
[2][IMG] [3][IMG]
[4][IMG]
This e-mail message and any attached files may contain confidential
information, and may be subject to legal professional privilege. If you
are not the intended recipient, please delete
​

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Kia ora Barbara

 

I confirm that Local Government rates are a tax on property. The Local
Government (Rating) Act 2002 provides councils with flexible powers to
set, assess and collect rates from landowners. You can view this Act here:
[1]https://www.legislation.govt.nz/act/publ....

 

If you are not satisfied with Council’s response, you have the right to
seek an investigation and review by the Ombudsman. Information about how
to make a complaint is available at [2]www.ombudsman.parliament.nz or
freephone 0800 802 602.

 

If you wish to discuss this decision with us, please feel free to contact
the Operational Governance team on [3][email address]. 

 

Ngā mihi

Erinn

 

 ​
LGOIMA
LGOIMA Requests
Call  +64 3 543 8400   |   [4][Tasman District Council request email]
Private Bag 4, Richmond 7050, NZ
[5][IMG] [6][IMG]
[7][IMG]
This e-mail message and any attached files may contain confidential
information, and may be subject to legal professional privilege. If you
are not the intended recipient, please delete
​

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Kia ora Barbara

Thankyou for your email.

It appears you have raised a challenge to your obligation to pay rates.

Your obligation to pay rates

Rates are levied pursuant to Local Government (Rating) Act 2002. By virtue
of section 60 of that Act, you may not refuse to pay rates by claiming
they are invalid unless you bring legal proceedings in the High Court.

You have not issued High Court legal proceedings and therefore must pay
your rates as they fall due.

What happens if you don't pay your rates? 

If you do not pay your rates, Council can take action to obtain the amount
you owe. We invest time and effort into the collection of unpaid rates to
be fair to the majority of property owners who do pay their rates on
time. 

Sections 63 - 76 of the Local Government (Rating) Act 2002 allows Council
to take legal action to recover overdue rates. Ultimately, this means that
Council can demand the forced sale of the defaulting ratepayer’s property
order to recover the amount owed. This process also attracts costs,
penalties and interest.

Next steps 

Council encourages you to seek independent legal advice on the validity of
your claim.

If you wish to challenge your obligation to pay rates, you must take the
appropriate legal action.

Ngā mihi

 

Erinn

 

 

 ​
LGOIMA
LGOIMA Requests
Call  +64 3 543 8400   |   [1][Tasman District Council request email]
Private Bag 4, Richmond 7050, NZ
[2][IMG] [3][IMG]
[4][IMG]
This e-mail message and any attached files may contain confidential
information, and may be subject to legal professional privilege. If you
are not the intended recipient, please delete
​

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Kia ora Barbara

I reiterate the information provided in my email dated 9 December 2021.

Council has nothing further to add.

If you are not satisfied with this response or feel Council has treated
you unfairly, you have the right to make a complaint to the Ombudsman.
Information about how to make a complaint is available at
www.ombudsman.parliament.nz or freephone 0800 802 602.

Ngā mihi
Erinn

 ​
LGOIMA
LGOIMA Requests
Call  +64 3 543 8400   |   [1][Tasman District Council request email]
Private Bag 4, Richmond 7050, NZ
[2][IMG] [3][IMG]
[4][IMG]
This e-mail message and any attached files may contain confidential
information, and may be subject to legal professional privilege. If you
are not the intended recipient, please delete
​

show quoted sections