Legal opinion on inclusion of Silverstream Spur in PC49

Stefan Brown made this Official Information request to Upper Hutt City Council

The request was partially successful.

From: Stefan Brown

Dear Upper Hutt City Council,

I would like a copy of the legal opinion that was sought in relation to the exclusion or inclusion of the Silverstream spur from plan change 49. I also request all email correspondence from UHCC staff to the legal practice engaged in this work, and any internal corospondence between council staff or from council staff to outside parties in relation to this matter.

Yours faithfully,

Stefan Brown

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From: UHCC
Upper Hutt City Council

Good Morning Stefan,

Thank you for your email in regards to an OIA.

I have forwarded your email on to our LGOIMA Team for actioning. The team will be in contact with you directly.

Many thanks
Karen Eagle

Karen Eagle
Senior Customer Services Officer

Te Kaunihera o Te Awa Kairangi ki Uta | Upper Hutt City Council
838 - 842 Fergusson Drive, Private Bag 907, Upper Hutt 5140, New Zealand
T: +64 4 527 2169 | E: [email address]
W: www.upperhuttcity.com | F: www.fb.com/UpperHuttCityCouncil

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From: OIA Requests
Upper Hutt City Council


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Kia ora Stefan,

 

I’m emailing to let you know that we intend to respond to your below
query, however we require some more time to finalise the review of
information.

 

We intend to get back to you no later than Friday 2 September.

 

Warm regards,

Michael

 

Michael Gibbons
LGOIMA Officer

Te Kaunihera o Te Awa Kairangi ki Uta I Upper Hutt City Council

838 – 842 Fergusson Drive, Private Bag 907, Upper Hutt 5140, New Zealand
T: +64 4 527 2169 | E: [1][email address]

W: [2]www.upperhuttcity.com | F: [3]www.fb.com/upperhuttcitycouncil

 

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From: Stefan Brown

Dear OIA Requests,

Its now the 4th and I am still waiting. The public need this information to make informed choices about the upcoming plan change so releasing this information soon would be wise. This goes for my other request too.

Yours sincerely,

Stefan Brown

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From: OIA Requests
Upper Hutt City Council


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Attachment Legal Email Redacted.pdf
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Attachment Advice to Upper Hutt City Council 62247508.3.pdf
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Kia ora Stefan,

 

Thank you for your below Local Government Official Information and
Meetings Act 1987 (the Act) request dated 28 July 2022. Apologies again
for the delay in our response.

 

The document you’ve requested, “[any] legal opinion…sought in relation to
the exclusion or inclusion of the Silverstream Spur from Plan Change 49”
does not exist as a single written document, and so we cannot provide it.
Our General Counsel and Planning Policy Manager discussed by phone whether
any decision could be made on the zoning of the Silverstream Spur based on
the out of scope submissions received on the issue in the first Plan
Change 49 consultation. They determined that in order for the zoning of
the Silverstream Spur to be considered in Plan Change 49 a variation would
be necessary because the Silverstream Spur had been clearly labelled “out
of scope” in the original consultation. Our General Counsel also had a
quick discussion with Buddle Findlay to check his position on this. The
only substantive email in that discussion is included here.

 

We also attach the Buddle Findlay opinion on the historical zoning of the
Silverstream Spur, which is relevant, for your interest if you have not
already seen it. This has previously (earlier this year) been disclosed to
Forest and Bird, Save our Hills, and the Silverstream Railway. We release
this on a strictly a without prejudice, confidential and without waiver of
privilege basis.

 

I hope you find this information helpful. If you have any further
questions about this request, please get in touch.

 

If you are dissatisfied with our response, you have the right to seek an
investigation and review by the Ombudsman. Information about how to make a
complaint is available at [1]www.ombudsman.parliament.nz or freephone 0800
802 602.

 

Warm regards,

Michael

 

Michael Gibbons
LGOIMA Officer

Te Kaunihera o Te Awa Kairangi ki Uta I Upper Hutt City Council

838 – 842 Fergusson Drive, Private Bag 907, Upper Hutt 5140, New Zealand
T: +64 4 527 2169 | E: [2][email address]

W: [3]www.upperhuttcity.com | F: [4]www.fb.com/upperhuttcitycouncil

 

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From: Stefan Brown

Dear OIA Requests,

Further to the previous request I am seeking the following information:

Any internal emails, discussion notes, documents, or any other information regarding how and/or why any of the submissions made in the previous PC49 consultation relating to the Silverstream spur were either rejected or accepted in full or in part as shown in the information previously released. This includes but is not limited to what criteria was used to either accept or reject these submissions or further submissions either in part of in full.

The correspondence provided includes a partly complete Section 32 report related to the inclusion of the spur, however it is much different from what has been released for consultation. Im seeking any information related to how the changes were arrived at, the methodology and criteria for including the changes and the reasons for them, including emails, discussion notes, documents and any other information related.

Yours sincerely,

Stefan Brown

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From: Stefan Brown

Dear OIA Requests,

Could you please respond to my request.

Yours sincerely,

Stefan Brown

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From: OIA Requests
Upper Hutt City Council


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Kia ora Stefan,

 

I’m replying to formally acknowledge receipt of your official information
request below dated 5 October 2022. Your reference ID for this request is
1388, as noted in the subject line above.

 

We will endeavour to respond to your request as soon as possible and in
any event no later than 3 November 2022, being 20 working days after the
day your request was received, as per [1]Ombudsman guidance.  If we are
unable to respond to your request by then, we will notify you of an
extension of that timeframe.

 

If you have any queries, please feel free to contact me.  If any
additional factors come to light which are relevant to your request,
please do not hesitate to contact me so that these can be taken into
account.

 

Kind regards,

 

Michael Gibbons
LGOIMA Officer

Te Kaunihera o Te Awa Kairangi ki Uta I Upper Hutt City Council

838 – 842 Fergusson Drive, Private Bag 907, Upper Hutt 5140, New Zealand
T: +64 4 527 2169 | E: [2][email address]

W: [3]www.upperhuttcity.com | F: [4]www.fb.com/upperhuttcitycouncil

 

 

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From: Stefan Brown

Dear OIA Requests,

Looks like we missed the 3rd….

Yours sincerely,

Stefan Brown

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From: OIA Requests
Upper Hutt City Council

Kia ora Stefan,

My sincerest apologies, it looks like the email got stuck in my outbox! I had written you yesterday to let you know that we would require more time to finish collating the material for your request - we do intend to respond and we have information in scope of your request.

We expect to provide you with a full response no later than Friday 11 November. Apologies again for the delay.

Warm regards,
Michael

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From: OIA Requests
Upper Hutt City Council


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Attachment Councillor workshop 1 February 2022.pdf
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Attachment Emails in scope Redacted.pdf
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Kia ora Stefan,

 

Thank you for your below Local Government Official Information and
Meetings Act 1987 (the Act) request dated 5 October 2022. Apologies again
for the delay in our response.

 

We have attached documents that are in scope of your request, with some
minor redactions under section 7(2)(a) of the Act to protect the privacy
of individuals, and have provided further answers to your request in red
below.

 

To note, the full draft of the Section 42a report is in scope of your
request, and provides much of the analysis on the recommended decisions of
the submissions, however we are withholding the full draft under section
7(2)(f)(i) of the Act. We will be happy to release the full version of
this document to you once it has been finalised.

 

I hope you find this information helpful. If you have any further
questions about this request, please get in touch.

 

If you are dissatisfied with our response, you have the right to seek an
investigation and review by the Ombudsman. Information about how to make a
complaint is available at [1]www.ombudsman.parliament.nz or freephone 0800
802 602.

 

Warm regards,

Michael

 

Michael Gibbons
LGOIMA Officer

Te Kaunihera o Te Awa Kairangi ki Uta I Upper Hutt City Council

838 – 842 Fergusson Drive, Private Bag 907, Upper Hutt 5140, New Zealand
T: +64 4 527 2169 | E: [2][email address]

W: [3]www.upperhuttcity.com | F: [4]www.fb.com/upperhuttcitycouncil

 

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From: Stefan Brown

Dear OIA Requests,

Just wanting an update on the section 42 report. To be clear this report was compiled in the previous round of submissions in relation to plan change 49 before the current variation 1. Being well over 12 months ago the contents should be as complete as they would ever be as these submissions are now not part of the plan change and therefore there should be no reason why it can not be released.

Yours sincerely,

Stefan Brown

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From: OIA Requests
Upper Hutt City Council


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Kia ora Stefan,

 

Just letting you know that we are still in a similar position with this
report. We are likely 3 or more months away from having a completed report
as we are still working through a public submission process.

 

Warm regards,

 

Michael Gibbons
LGOIMA Officer

Te Kaunihera o Te Awa Kairangi ki Uta I Upper Hutt City Council

838 – 842 Fergusson Drive, Private Bag 907, Upper Hutt 5140, New Zealand
T: +64 4 527 2169 | E: [1][email address]

W: [2]www.upperhuttcity.com | F: [3]www.fb.com/upperhuttcitycouncil

 

 

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