7 February 2023
Wayne Scott
Sent via email to
[email address]
Dear Wayne,
REQUEST FOR OFFICIAL INFORMATION – RELEASE OF INFORMATION
We refer to your official information request dated 4 December 2022. You requested the following
information from the Queenstown Lakes District Council (QLDC):
• Copy of all correspondence relating to the privately occupied hut on Pigeon Island since 1
August 2022. This includes all email attachments and any meeting/telephone recollections
QLDC response
Decision to partially release information requested
QLDC has decided to grant your request for information in part. The information requested is provided
below.
To address your above request, we conducted an email archive search using some of the key words
you provided in your request. The searches were conducted in a way that ensured the number of
emails produced for our review were at a manageable number (e.g. fewer than 200 emails). In each
search we also excluded all emails that included th
e [email address] email address.
Below is a summary of the email archive searches we conducted for your request:
• Date range – 1 August 2022 to 4 December 2022
• The subject line of the email had to include the following “Pigeon Island”
• Emails produced – 500
The above search produced 500 emails. Out of these our system capture around 326 emails which
were in relation to the bookings that were made by the members of public. We considered these out
of scope and therefore we have not included these in our response.
After removing duplicate emails, any out of office emails and emails that were related to your previous
requests, this left us with 29 emails. These emails were then checked as to whether any of the Local
Government Official Information and Meetings Act 1987 (LGOIMA) withholding grounds applied.
Some withholding grounds did apply to some emails. Our findings from the review of all emails are
addressed below.
We have decided to withhold 8 emails under legal privilege. Our rationale for these withholding
grounds has been provided later in this response. In addition, this left us with 21 emails to release.
The below links contains 21 emails & attachments that covers your request:
•
Emails
We trust this response satisfactorily answers your request.
Decision to withhold remaining information requested
Legal privilege
We have decided to withhold 8 legally privileged emails in its entirety under section 7(2)(g) of the
Local Government Official Information and Meetings Act 1987 (LGOIMA). Section 7(2)(g) of the
LGOIMA provides that information can be withheld if the withholding of the information is necessary
to maintain legal professional privilege. In this case, the emails we withheld contained information
that included general legal advice from our internal and external legal teams and therefore we have
decided that these emails should be entirely withheld.
Public interest considerations
We have considered the interests of the public when making decisions to withhold information,
including considerations in favour of release, whether the disclosure of the information would
promote those considerations, and whether those considerations outweigh the need to withhold the
information.
Promoting the accountability and transparency of local authority members and officials is in the public
interest, as is the general public interest in “good government”. However, we consider that these
public interest considerations favouring disclosure do not outweigh the withholding grounds in this
case.
We have considered the interests of the public when making the decision to withhold the legally
privileged correspondence. We have determined that it is important that QLDC is able to seek legal
advice, to ensure that QLDC is acting in accordance with the law, without risk of disclosure. Doing so
promotes accountability. Consequently, we do not consider that the public interest in the release of
these emails outweighs the considerations in favour of withholding the information.
Right to review the above decision
Note that you have the right to seek an investigation and review by the Ombudsman of this decision.
Information about this process is available
at www.ombudsman.parliament.nz or freephone 0800 802
602.
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If you wish to discuss this decision with us, please contact
[email address]
(Governance & Stakeholder Services Manager).
Kind regards,
Poonam Sethi
Governance and official Information Advisor
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