Damage to sealed road Shag Point
James Russell made this Official Information request to Waitaki District Council
The request was refused by Waitaki District Council.
From: James Russell
Dear Waitaki District Council,
60 meters plus of perfectly good sealed road at Shag Point has been dug up.
On this section of road, roading engineer Michael Voss advised " WDC has never authorised the "destruction of perfectly good sealed road" "
Section 357 of the Local Government Act 1974 [quote 357 (1)]
"Every person commits an offence who, not being authorised by the council..." (c) digs up...a road.(j) does or causes or permits to be done...any damage... to a road... is liable... and may be ordered to pay costs incurred by the council... in repairing any damage...."
As the WDC are seeking quotes to repair the damage (latest WDC minutes)
Who will be paying for the repairs ?
Yours faithfully,
James Russell
From: noreply@waitaki.govt.nz
Waitaki District Council
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From: Lynley Scott
Waitaki District Council
Good morning
Our Roading Manager needs to know what and where the 60 meters (square or lineal?) has been dug-up before responding to ensure accuracy.
Lynley Scott
Administration Officer - Records and Purchasing
Phone 03 433 0300 Email [email address]
Web www.waitaki.govt.nz Office 20 Thames Street, Private Bag 50058, Oamaru 9444
-----Original Message-----
From: James Russell [mailto:[OIA #2239 email]]
Sent: Wednesday, 3 December 2014 8:28 p.m.
To: Service
Subject: Official Information Act request - Damage to sealed road Shag Point
Dear Waitaki District Council,
60 meters plus of perfectly good sealed road at Shag Point has been dug up.
On this section of road, roading engineer Michael Voss advised " WDC has never authorised the "destruction of perfectly good sealed road" "
Section 357 of the Local Government Act 1974 [quote 357 (1)]
"Every person commits an offence who, not being authorised by the council..." (c) digs up...a road.(j) does or causes or permits to be done...any damage... to a road... is liable... and may be ordered to pay costs incurred by the council... in repairing any damage...."
As the WDC are seeking quotes to repair the damage (latest WDC minutes)
Who will be paying for the repairs ?
Yours faithfully,
James Russell
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hide quoted sections
From: James Russell
Dear Lynley Scott,
This would be a portion of road, west of the realignment of Lower Shag Point Road. And would relate to approximately 60 linear meters, more or less,
Yours sincerely,
James Russell
From: James Russell
Dear Lynley Scott,
Who is the roading manager ?
Yours sincerely,
James Russell
From: Lynley Scott
Waitaki District Council
Michael Voss
Lynley Scott
Administration Officer - Records and Purchasing
Phone 03 433 0300 Email [email address]
Web www.waitaki.govt.nz Office 20 Thames Street, Private Bag 50058, Oamaru 9444
-----Original Message-----
From: James Russell [mailto:[OIA #2239 email]]
Sent: Monday, 8 December 2014 10:09 a.m.
To: Lynley Scott
Subject: Re: Official Information Act request - Damage to sealed road Shag Point
Dear Lynley Scott,
Who is the roading manager ?
Yours sincerely,
James Russell
-----Original Message-----
Good morning
Our Roading Manager needs to know what and where the 60 meters (square or lineal?) has been dug-up before responding to ensure accuracy.
Lynley Scott
Administration Officer - Records and Purchasing
Phone 03 433 0300 Email [email address]
Web www.waitaki.govt.nz Office 20 Thames Street, Private Bag 50058, Oamaru 9444
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Please use this email address for all replies to this request:
[OIA #2239 email]
Disclaimer: This message and any reply that you make will be published on the internet. Our privacy and copyright policies:
https://fyi.org.nz/help/officers
If you find this service useful as an OIA officer, please ask your web manager to link to us from your organisation's OIA page.
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hide quoted sections
From: James Russell
Dear Lynley Scott,
I quoted him in my 3 Dec request, so I imagine he would be very familiar with the road and did not have to ask its location, and reasonably he will be equally aware that damage was caused without WDC permission, and presumably too, that it was damage caused in breach of Sect 357(1) of the Act.
My original question remains; with a recommendation from the community board that the ratepayers stump up $4000 toward a budget of $7000 to repair the damage, and a 50% increase in the Shag Point Amenity Rate in creating a walkway, that would exist today, without the un-permitted damage having occurred.
"Who will pay for the repair?"
Yours sincerely,
James Russell
From: James Russell
Dear Lynley Scott,
It seems that collectively the Shag Point ratepayers are to pay for the damage, through their Amenity Fund. So I can, though you never answered it, withdraw my question [Who will pay?]
Revised request;
As the WDC were aware as early as 2012 of the damage to Lower shag Point Road.
Does the WDC intend now to pursue recovery of costs against the person who contrary to Section 357 Local Government Act 1974 [Penalties for damage to roads]
“…does or causes or permits to be done any act whatsoever by which any damage is caused to a road…and is liable on conviction to a fine not exceeding $1000…and may be ordered to pay costs incurred by the council…in repairing any damage caused as aforesaid.” or are they happy that everyone else at Shag Point picks up the tab?
Yours sincerely,
James Russell
From: James Russell
Dear Lynley Scott,
Can you advise estimated time for response?
Yours sincerely,
James Russell
From: James Russell
Dear Lynley Scott,
I quoted M. Voss in my opening request of December 3 2014
"...roading engineer Michael Voss advised "
WDC has never authorised the "destruction of perfectly good sealed road" "
What was he responding to, and in what year, when he made this claim?
Yours sincerely,
James Russell
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