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Kia ora   

Thank you for contacting the Far North District Council.

Your request for official information has been referred to our Legal
Department to action and respond.

Should you need to contact us regarding this particular issue, please use
reference number RFS-4155530.

Nga mihi,

Jacqui 

Ask Us Team
District Services
Far North District Council  |  24-hour Contact Centre 0800 920 029
DDI 09 401 5200  |  [1][Far North District Council request email]
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From: [FOI #22575 email]

Sent: Wednesday, April 26, 2023 10:12 PM

To: [Far North District Council request email]

Subject: Official Information request - Statements made at Council meeting
15 December 2022 in response to Rawhiti Road petition

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CAUTION: This email originated from outside Far North District Council.
Do not click links or open attachments unless you recognise the sender and
know the content is safe.

Dear Far North District Council,

The video of the meeting held on 15 December 2022 is at the link below. At
around 35 minutes there is a presentation by a representative of local
hapu regarding the sealing of the road out to Rawhiti.

After the presentation there is a question asked of the presenter by a
councilor, who appears to be Penetaui Kleskovic, regarding why an
application for the work was not made to the Provincial Growth Fund. The
councilor then provides an answer to that question by reminding the
petitioner that when the representatives of the PGF came out to discuss
the work members of the local hapu blocked the road and prevented the
delegation coming on to the marae.
https://www.youtube.com/watch?v=jAp04H1a...

I request all information that Councillor Kleskovic holds regarding these
matters, whether written down or not, and in particular, information about
that visit to Rawhiti and any correspondence about the visit, regardless
of whether it was in his role as Councilor or another role, and that this
request be also transferred to any other organisation who may hold
information regarding these matters. I request the name of the person who
Councilor Kleskovic states blocked the road and the names of others
involved in blocking the road and denying access to the marae. I request a
detailed report of this incident please, and all correspondence between
Council and representatives of Ngati Kuta and Patukeha regarding this or
any other matter since 2002.

Thank you for your attention to this matter

Yours faithfully,

Katherine Raue

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This is an Official Information request made via the FYI website.

Please use this email address for all replies to this request:
[FOI #22575 email]

Is [Far North District Council request email] the wrong address for Official Information requests
to Far North District Council? If so, please contact us using this form:
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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
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Katherine Raue

By email only: [1][FOI #22575 email]

 

 

Tçnâ koe Ms Raue

 

Official information request: RFS 4155530

 

Thank you for your official information request to the Far North District
Council (‘Council’) received on 26 April 2023.

 

The Local Government Official Information and Meetings Act 1987 (the
‘LGOIMA’) requires that we advise the requester of our decision on the
request as soon as reasonably practicable, and no later than 20 working
days after the day we received it.

Unfortunately due to the substantial nature of the request, it will not be
possible to meet the time limit in this case. We are therefore writing to
notify you of an extension of the time to make our decision, to Wednesday
14 June 2023 at the latest.

The extension is required primarily because the request necessitates a
search through a large quantity of information, and meeting the original
time limit would unreasonably interfere with the operations of Council.

 

You have the right to seek a review of this decision by the Ombudsman if
you so choose. Information about how to make a complaint is available at
[2]www.ombudsman.parliament.nz or Freephone 0800 802 602.

 

Thank you for your enquiry and please feel free to contact me if you wish
to discuss any aspect of your request, including this decision.

 

Nâku noa, nâ,

 

Erica Cooney

 

[3][IMG] Erica Cooney
Legal Services Officer
Corporate Services, Far North District Council   |  24-hour
Contact Centre 0800 920 029
DDI 6494015306  |  [email address]
  [4]Website  |   [5]Facebook   |  [6]LinkedIn   |  [7]Careers

 

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

Get it done online at your convenience, visit our website -
www.fndc.govt.nz

show quoted sections

Far North District Council | Te Kaunihera o Tai Tokerau Ki Te Raki
Ph. 09 401 5200 | Fax. 09 401 2137 | Email. [Far North District Council request email]
Address. Memorial Avenue, Private Bag 752, Kaikohe 0440, New Zealand

Please consider the environment before printing this email.

References

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1. mailto:[FOI #22575 email]
2. http://www.ombudsman.parliament.nz/
3. http://www.fndc.govt.nz/
4. http://www.fndc.govt.nz/
5. http://www.facebook.com/FarNorthDistrict...
6. http://www.linkedin.com/company/far-nort...
7. https://www.fndc.govt.nz/Your-council/Ca...

Katherine

By email only: [1][FOI #22575 email]

 

 

Tçnâ koe Katherine

 

Official information request: RFS 4155530

 

Thank you for your official information request to the Far North District
Council (‘Council’) received on 26 April 2023. This has been considered in
accordance with the provisions of the Local Government Official
Information and Meetings Act 1987 (the ‘LGOIMA’).

 

Your request

You referred to video of the Council meeting held on 15 December 2022 and
noted “there is a presentation by a representative of local hapu regarding
the sealing of the road out to Rawhiti. After the presentation there is a
question asked of the presenter by a councilor, who appears to be Penetaui
Kleskovic, regarding why an application for the work was not made to the
Provincial Growth Fund. The councilor then provides an answer to that
question by reminding the petitioner that when the representatives of the
PGF came out to discuss the work members of the local hapu blocked the
road and prevented the delegation coming on to the marae.”

You requested:

o “all information that Councillor Kleskovic holds regarding these
matters, whether written down or not, and in particular, information
about that visit to Rawhiti and any correspondence about the visit,
regardless of whether it was in his role as Councilor or another role”
o “that this request be also transferred to any other organisation who
may hold information regarding these matters.”
o “the name of the person who Councilor Kleskovic states blocked the
road and the names of others involved in blocking the road and denying
access to the marae.”
o “a detailed report of this incident”
o “all correspondence between Council and representatives of Ngati Kuta
and Patukeha regarding this or any other matter since 2002.”

 

Council’s response

o The information that Councillor Kleskovic holds in relation to the
incident is as follows:

Councillor Kleskovic recalls that he went to Rawhiti to attend a hui. He
does not remember the day or year as it was such a long time ago – some 3
to 4 years ago.

The road was blocked by a vehicle. Councillor Kleskovic spoke to the
person in the vehicle (Hori – a local) and told him to move the vehicle –
which he did after a discussion.

Councillor Kleskovic proceeded to Kaingahoa Marae where the gathering was
taking place between hapû and members of Government. After this and a big
kai, Councillor Kleskovic then went home.

He commented at the Council meeting words along the lines of “if you want
the road funded in future – make sure that no one is blocking the road.”

 

o Council did not transfer the request to any other organisation as it
does not know of another agency that might hold information relevant
to the request.  

 

o Councillor Kleskovic stated that Hori was the only person blocking the
road. Council has decided to protect Hori’s privacy by not disclosing
his last name (please refer to section 7(2)(a) of the LGOIMA).

 

o Information must be held (be in existence) when it is requested. There
is no obligation under the LGOIMA for an agency to form an opinion,
provide an explanation or create information to answer a request. For
Council to respond to this part of your query it would need to create”
a detailed report of this incident´ (please refer to section 2 of the
LGOIMA). Council therefore refuses this part of your query as the
requested document does not exist (please refer to section 17(e) of
the LGOIMA).
o Council has decided not to release a copy of its correspondence with
“representatives of Ngati Kuta and Patukeha”. Although to provide the
information sought in this respect would necessitate substantial
collation and research (given the unclear search terms and the over
twenty year period of interest) – the reasons this part of the request
is refused are under section 7(2)(c)(i) and (ii) of the LGOIMA.

“7 Other reasons for withholding official information

(2)   […] this section applies if, and only if, the withholding of the
information is necessary to—

(c)  protect information which is subject to an obligation of
confidence […] where the making available of the information—

     (i)  would be likely to prejudice the supply of similar
information, or information from the same source, and it is in the
public interest that such information should continue to be supplied

(ii)  would be likely otherwise to damage the public interest

 

It is noted that the decision to withhold under section 7(2) of the LGOIMA
is subject to a ‘public interest test’. In addressing this point, Council
believes that in the circumstances, there is no public interest in
releasing this information that would outweigh the need to withhold it.

 

You have the right to seek a review of this decision by the Ombudsman if
you so choose. Information about how to make a complaint is available at
[2]www.ombudsman.parliament.nz or Freephone 0800 802 602.

 

Thank you for your enquiry.

 

Nâku noa, nâ,

 

Erica Cooney

 

[3][IMG] Erica Cooney
Legal Services Officer
Corporate Services, Far North District Council   |  24-hour
Contact Centre 0800 920 029
DDI 6494015306  |  [4][email address]
  [5]Website  |   [6]Facebook   |  [7]LinkedIn   |  [8]Careers

 

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

Get it done online at your convenience, visit our website -
www.fndc.govt.nz

show quoted sections

Far North District Council | Te Kaunihera o Tai Tokerau Ki Te Raki
Ph. 09 401 5200 | Fax. 09 401 2137 | Email. [Far North District Council request email]
Address. Memorial Avenue, Private Bag 752, Kaikohe 0440, New Zealand

Please consider the environment before printing this email.

References

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2. http://www.ombudsman.parliament.nz/
3. http://www.fndc.govt.nz/
4. mailto:[email address]
5. http://www.fndc.govt.nz/
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