Thank you for contacting us. Your reference for this matter is
REF220559135.

We will respond to you within two working days.

If you have any questions, or want to provide an update please call
[1]0800 800 401 and provide your reference number.

Please note that our office hours are Monday to Friday 8am to 5pm.

If life or property is at risk, please call [2]111.

Your submitted request:

Dear Waikato Regional Council, Please provide a copy of the Statement of
Claim and any interlocutory applications served on the Council in the
proceedings described in the article below. https://
aus01.safelinks.protection.outlook.com/?url=https%3A%2F%2Fwww.
stuff.co.nz%2Fnational%2F128763165%2Fformer-council-chair-ousted-after-racist-remarks-takes-legal-action-to-get-his-job-back&data=05%7C01%7CInfo%40waikatoregion.govt.nz%7C86e4726f784a478bd9eb08da40411664%7Ce36ab77fcb694ec4bf31a94b8dacc5ca%7C0%7C0%7C637892945551700583%7CUnknown%7CTWFpbGZsb3d8eyJWIjoiMC4wLjAwMDAiLCJQIjoiV2luMzIiLCJBTiI6Ik1haWwiLCJXVCI6Mn0%3D%7C3000%7C%7C%7C&sdata=nOhilRuADS2NRHgbrJJ5YTyl5r%2B9X%2B1hYkZaP%2FQqkbo%3D&reserved=0
Yours faithfully, Sean Marshall

Thank you

Waikato Regional Council

References

Visible links
1. file:///tmp/tel:0800800401
2. file:///tmp/tel:111

Kia ora Sean,

 

Thank you for your information request received 28 May 2022  as follows:

 

Dear Waikato Regional Council, Please provide a copy of the Statement of
Claim and any interlocutory applications served on the Council in the
proceedings described in the article below.

[1]https://aus01.safelinks.protection.outlo...

 

 

Council will respond as soon as possible, but in any case no later than 28
June 2022. At that time, you will be informed whether or not your request
has been granted and, if granted, when Council expects to be able to
provide you with the information.

 

If you have any further questions, please feel free to contact me.

 

Kind Regards,

 

Alyx McDonald

Alyx McDonald​  |  OFFICIAL INFORMATION AND PRIVACY ADVISOR  |  Democracy, Customer, Community and Services
WAIKATO REGIONAL COUNCIL | Te Kaunihera ā Rohe o Waikato
P: [2]+6478584672
F: [3]facebook.com/waikatoregion
Private Bag 3038, Waikato Mail Centre, Hamilton, 3204

**********************************************************************
This email message and any attached files may contain confidential
information, and may be subject to legal professional privilege. If you
have received this message in error, please notify us immediately and
destroy the original message. Any views expressed in this message are
those of the individual sender and may not necessarily reflect the views
of Waikato Regional Council. Waikato Regional Council makes reasonable
efforts to ensure that its email has been scanned and is free of viruses,
however can make no warranty that this email or any attachments to it are
free from viruses.
**********************************************************************

References

Visible links
1. https://aus01.safelinks.protection.outlo...
2. file:///tmp/tel:+6478584672
3. https://www.facebook.com/waikatoregion

hide quoted sections

Kia ora Sean

 

 

You have requested a copy of  the Statement of Claim and any interlocutory
applications recently served on Waikato Regional Council.  Council has
sought advice from the Hamilton High Court which has advised that:

 

“….The Registries position would be for the member of the public seeking a
copy of the Statement of Claim to make an Application to the Court
Pursuant to the Senior Courts (Access to Court Documents) Rules 2017….”

 

Council agrees that this is the most appropriate process for you to obtain
copies of these documents…”

 

Please contact me should you have any further queries.

 

Ngā mihi nui

 

 

Sarah McLeay​  |  TEAM LEADER ‑ DEMOCRACY  |  Democracy, Customer, Community and Services
WAIKATO REGIONAL COUNCIL | Te Kaunihera ā Rohe o Waikato
P: [1]+6478592784
F: [2]facebook.com/waikatoregion
Private Bag 3038, Waikato Mail Centre, Hamilton, 3204

**********************************************************************
This email message and any attached files may contain confidential
information, and may be subject to legal professional privilege. If you
have received this message in error, please notify us immediately and
destroy the original message. Any views expressed in this message are
those of the individual sender and may not necessarily reflect the views
of Waikato Regional Council. Waikato Regional Council makes reasonable
efforts to ensure that its email has been scanned and is free of viruses,
however can make no warranty that this email or any attachments to it are
free from viruses.
**********************************************************************

References

Visible links
1. file:///tmp/tel:+6478592784
2. https://www.facebook.com/waikatoregion

hide quoted sections

Kia ora

 

This is to notify you that Council is transferring the attached official
information request received on 28 May 2022 to the Department of Justice.

 

The requester has been copied into this request for their information.

 

Please contact me, should you have any queries.

 

Ngā mihi nui

 

 

Sarah McLeay​  |  TEAM LEADER ‑ DEMOCRACY  |  Democracy, Customer, Community and Services
WAIKATO REGIONAL COUNCIL | Te Kaunihera ā Rohe o Waikato
P: [1]+6478592784
F: [2]facebook.com/waikatoregion
Private Bag 3038, Waikato Mail Centre, Hamilton, 3204

**********************************************************************
This email message and any attached files may contain confidential
information, and may be subject to legal professional privilege. If you
have received this message in error, please notify us immediately and
destroy the original message. Any views expressed in this message are
those of the individual sender and may not necessarily reflect the views
of Waikato Regional Council. Waikato Regional Council makes reasonable
efforts to ensure that its email has been scanned and is free of viruses,
however can make no warranty that this email or any attachments to it are
free from viruses.
**********************************************************************

References

Visible links
1. file:///tmp/tel:+6478592784
2. https://www.facebook.com/waikatoregion

hide quoted sections

Kia ora Sean

Thank you for your prompt response.

This is to let you know that Council has transferred this request to the
Department of Justice pursuant to section 12(b)(ii) of the Local
Government Official Information and Meetings Act on the basis that Council
believes that your request is more closely connected to the functions of a
department of the Crown.

Please contact me should you have any further queries.

Ngā mihi nui

Sarah McLeay​  |  TEAM LEADER ‑ DEMOCRACY  |  Democracy, Customer, Community and Services
WAIKATO REGIONAL COUNCIL | Te Kaunihera ā Rohe o Waikato
P: [1]+6478592784
F: [2]facebook.com/waikatoregion
Private Bag 3038, Waikato Mail Centre, Hamilton, 3204

-----Original Message-----
From: Sean Marshall <[FOI #19492 email]>
Sent: Friday, 3 June 2022 1:13 PM
To: Sarah McLeay <[email address]>
Subject: Re: REQ187151 request for statement of claim and interlocutory
application - response

CAUTION: This email originated from outside of Waikato Regional Council.
Do not follow guidance, click links, or open attachments unless you
recognise the sender and know the content is safe.

Dear Sarah McLeay,

The Council will have been served with these documents. As such, it is
official information held by the Council under the Local Government
Official Information and Meetings Act 1987.

Under the Act, the Council is required to disclose the documents unless
one of the grounds for withholding information in sections 7 to 9 apply.
The fact that some other entity also holds the information (in this case,
the Court) is not grounds for withholding the information request.

I note that comments from the High Court registry should not be taken as
legal advice. The comments from the registry have not taken into account
the Council's particular disclosure obligations under the Act.

Yours sincerely,

Sean Marshall

-----Original Message-----

Kia ora Sean

You have requested a copy of the Statement of Claim and any interlocutory
applications recently served on Waikato Regional Council. Council has
sought advice from the Hamilton High Court which has advised that:

“….The Registries position would be for the member of the public seeking a
copy of the Statement of Claim to make an Application to the Court
Pursuant to the Senior Courts (Access to Court Documents) Rules 2017….”

Council agrees that this is the most appropriate process for you to obtain
copies of these documents…”

Please contact me should you have any further queries.

Ngā mihi nui

Sarah McLeay​ |  TEAM LEADER ‑ DEMOCRACY |  Democracy, Customer, Community
and Services WAIKATO REGIONAL COUNCIL | Te Kaunihera ā Rohe o Waikato
P: [1]+6478592784
F: [2]facebook.com/waikatoregion
Private Bag 3038, Waikato Mail Centre, Hamilton, 3204

References

Visible links
1. file:///tmp/tel:+6478592784
2.
https://aus01.safelinks.protection.outlo...

-------------------------------------------------------------------
Please use this email address for all replies to this request:
[FOI #19492 email]

Disclaimer: This message and any reply that you make will be published on
the internet. Our privacy and copyright policies:
https://aus01.safelinks.protection.outlo...

If you find this service useful as an Official Information officer, please
ask your web manager to link to us from your organisation's OIA or LGOIMA
page.

-------------------------------------------------------------------

**********************************************************************
This email message and any attached files may contain confidential
information, and may be subject to legal professional privilege. If you
have received this message in error, please notify us immediately and
destroy the original message. Any views expressed in this message are
those of the individual sender and may not necessarily reflect the views
of Waikato Regional Council. Waikato Regional Council makes reasonable
efforts to ensure that its email has been scanned and is free of viruses,
however can make no warranty that this email or any attachments to it are
free from viruses.
**********************************************************************

References

Visible links
1. file:///tmp/tel:+6478592784
2. https://www.facebook.com/waikatoregion

hide quoted sections

How would you rate your recent service experience with us?

 
[1]Waikato_Regional_Council
 
How would you rate your recent service experience with us?
 
[2]0   [3]1   [4]2   [5]3   [6]4   [7]5

[8]6   [9]7   [10]8   [11]9   [12]10

0 - poor           10 - very good

 
[13]Powered by AskNicely [14]Privacy   [15]Unsubscribe

[16]AskNicely

                                                           

References

Visible links
2. https://waikatoregionalcouncil.asknice.l...
3. https://waikatoregionalcouncil.asknice.l...
4. https://waikatoregionalcouncil.asknice.l...
5. https://waikatoregionalcouncil.asknice.l...
6. https://waikatoregionalcouncil.asknice.l...
7. https://waikatoregionalcouncil.asknice.l...
8. https://waikatoregionalcouncil.asknice.l...
9. https://waikatoregionalcouncil.asknice.l...
10. https://waikatoregionalcouncil.asknice.l...
11. https://waikatoregionalcouncil.asknice.l...
12. https://waikatoregionalcouncil.asknice.l...
13. https://www.asknicely.com/powered-by/wai...
14. https://waikatoregionalcouncil.asknice.l...
15. https://waikatoregionalcouncil.asknice.l...
16. https://www.asknicely.com/powered-by/wai...

Kia ora Sean,

 

The information you are requesting is a court record and not held by the
Ministry of Justice.

 

Information held by the courts, sentencing notes, court records,
transcriptions or information about a case currently before the court are
the records of courts and tribunals and are not subject to the Official
Information Act 1982. Access to these is dealt with by separate
legislation and court rules and you will need to contact the relevant
court directly, the details for the courts can be found here
[1]https://www.courtsofnz.govt.nz/utilities....

 

You do not have to request information in person from the courts. You can
do so by contacting them and filling out an application. This can be done
via email or by post.

 

Here is a link to the form you will need to complete
[2]https://www.justice.govt.nz/assets/Docum....

 

Ngā mihi,

   

Ministerial Relations and Services

Strategy, Governance and Finance
DDI: +64 4 918 8800

[3]www.justice.govt.nz

 

 

--------------------------------------------------------------------------

Confidentiality notice:
This email may contain information that is confidential or legally
privileged. If you have received it by mistake, please:
(1) reply promptly to that effect, and remove this email and the reply
from your system;
(2) do not act on this email in any other way.
Thank you.

--------------------------------------------------------------------------

References

Visible links
1. https://www.courtsofnz.govt.nz/utilities...
2. https://www.justice.govt.nz/assets/Docum...
3. http://www.justice.govt.nz/

hide quoted sections

 

Sarah McLeay​  |  TEAM LEADER ‑ DEMOCRACY  |  Democracy, Customer, Community and Services
WAIKATO REGIONAL COUNCIL | Te Kaunihera ā Rohe o Waikato
P: [1]+6478592784
F: [2]facebook.com/waikatoregion
Private Bag 3038, Waikato Mail Centre, Hamilton, 3240

**********************************************************************
This email message and any attached files may contain confidential
information, and may be subject to legal professional privilege. If you
have received this message in error, please notify us immediately and
destroy the original message. Any views expressed in this message are
those of the individual sender and may not necessarily reflect the views
of Waikato Regional Council. Waikato Regional Council makes reasonable
efforts to ensure that its email has been scanned and is free of viruses,
however can make no warranty that this email or any attachments to it are
free from viruses.
**********************************************************************

References

Visible links
1. file:///tmp/tel:+6478592784
2. https://www.facebook.com/waikatoregion

hide quoted sections