By email only: [1][FOI #24388 email]

Tēnā koe

 

Official information request: RFS 4178887

 

Thank you for your official information request to the Far North District
Council (‘Council’). Your request is being considered in accordance with
the provisions of the Local Government Official Information and Meetings
Act 1987 (the ‘LGOIMA’).  A response will be provided to you as soon as
reasonably practicable, and no later than 20 working days (as defined in
the LGOIMA) after the day on which the request is received.

 

Please quote our reference RFS 4178887 for any further enquiries in
relation to this request.

 

Thank you for your enquiry.

 

Ngā mihi,

 

Erica Cooney

 
Erica Cooney    
Legal Services Officer ‑ Legal Services
P 6494015306  |  [email address]
Te Kaunihera o Tai Tokerau ki te Raki  |  Far
North District Council
-----------------------------------------------

Pokapū Kōrero 24-hāora  |  24-hour Contact
Centre  0800 920 029
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References

Visible links
1. mailto:[FOI #24388 email]
2. https://www.fndc.govt.nz/home
3. https://www.facebook.com/FarNorthDistric...
4. https://www.facebook.com/FarNorthDistric...
5. https://nz.linkedin.com/company/far-nort...
6. https://nz.linkedin.com/company/far-nort...
7. https://www.youtube.com/channel/UCRbGkKa...
8. https://www.youtube.com/channel/UCRbGkKa...
9. https://www.instagram.com/farnorth_dc/

Chris Claydon

By email only: [1][FOI #24388 email]

 

 

Tēnā koe Mr Claydon

Official information request: RFS 4178887

 

Thank you for your official information request to the Far North Holdings
Limited (‘FNHL’) received on 10 October 2023. Far North District Council
(‘Council’) has managed this request on behalf of FNHL.

 

It is noted that you have stated the request is “urgent because the
consultation period for that bylaw is currently open and only open for a
few more weeks.”  The submission period in respect of the Maritime
Facilities Bylaw closes on Tuesday, 28 November 2023. Council decided that
given this final date - the criteria for ‘urgency’ was not met to allow
for the request to be prioritised over other requests/work. The request
has therefore been considered in accordance with the normal statutory
process, provisions and timeframes of the Local Government Official
Information and Meetings Act 1987 (the ‘LGOIMA’).

 

Your request

“1. Please could you provide a copy as PDF by email of the current
resource consents for all maritime facilites which are owned or operated
by Far North Holdings Limited.

In particular I would like to see whether the resource consent gives FNHL
or the council exclusive occupation of the coastal marine area and/or
allows exclusion of the public from each of these facilties.

This is a matter of public interest in relation to the proposed new
Maritime Facilities Bylaw and is urgent because the consultation period
for that bylaw is currently open and only open for a few more weeks.

This includes but is not limited to the consents for:

Waipapa landing boat ramp

Waipapa landing jetty

Stone store wharf

Jetty and pontoon attached to Stone Store wharf Russell wharf Windsor
Landing Opito Bay boat ramp Rangitane boat ramp and jetty

 

2. The council has alleged that there is a problem with commercial use of
these facilties which justifies new restrictions on commercial use. Please
provide a copy of all complaints, documents and correspondence for the
last 12 months in relation to commercial use of these facilities
obstructing other users.

 

3. Please also provide all complaints, documents and correspondence for
the last 12 months in relation to problems alleged to be caused by
non-commercial users of these facilties.”

 

Council’s response

1.                           It is noted that on 10 October 2023,  a
similar (in respect of Question 1 ) official information request was made
to Northland Regional Council (‘NRC’). The information requested from NRC
included that sought in this request to FNHL.

On 24 October 2023, Stuart Saville, Consents Manager – Northland Regional
Council responded to your request, providing the information you were
seeking ([2]Resource consent documents for public wharves - a Official
Information Act request to Northland Regional Council - FYI ).

Given that you have already been provided with the requested information
by NRC and that it is publicly available, Council has decided to refuse
your request re Question 1 under section 17(d) of the LGOIMA. This
provides that a request may be refused if the information requested is
publicly available.

 

2.    & 3.      In relation Questions 2 and 3, Council has also decided
not to disclose the requested information. It relies on a number of
withholding provisions in the LGOIMA. These are:

·            “6 Conclusive reasons for withholding official information

Good reason for withholding official information exists, […] if the making
available of that information would be likely—

(c)  to prejudice the maintenance of the law, including the prevention,
investigation, and detection of offences,[…]”

In seeking to detect offences against the various legislation/regulation
where Council is tasked with a regulatory role, the Council places much
reliance on complaints and information received from the general public.

If information identifying complainants was to be made available, it would
be less likely in future that such persons would come forward with
information regarding possible offences; thereby prejudicing the
maintenance of the law.

 

·            To protect people’s privacy under section 7(2)(a) of the
LGOIMA.

Further, Council is mindful of the constraints imposed by the Privacy Act
2020 (‘PA’), and considers that the request does not fit within the
exceptions that would allow for such personal information to be made
available. (Please refer to the PA, section 22 Information Privacy
Principle (IPP)11). So, to the extent that the PA applies, Council also
relies upon the withholding ground in section 17(c)(i) of the LGOIMA. This
provides that a request may be refused if the making available of the
request would be contrary to a specified enactment, (in this case, the
PA).

 

Council’s position in respect of privacy also aligns with the Privacy
statement in its Maritime Facilities Bylaw 2002 Statement of Proposal.
[3]https://www.fndc.govt.nz/files/assets/pu...

   

A person making a submission can reasonably expect this to be made public
(unless confidentiality is requested).  Conversely, in respect of Council
communications with members of the public, these are generally considered
confidential.

Information relating to the central issues of Questions 2 and 3 will be
made publicly available as part of the statutory Public Consultation
submission process.

   

·            Section 7(2)(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”.

 

·            Section 7(2)(f)(i) - maintain the effective conduct of
public affairs through the free and frank expression of opinions by
or between or to members or officers or employees of any local
authority in the course of their duty”.

 

The decision to withhold information under section 7 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.

 

Notwithstanding the above, Council notes that an aim of a new bylaw is to
facilitate a fair and appropriate balance of recreational and commercial
use of maritime facilities. Council’s position relates to the suitable use
of maritime facilities which may not have been built for their current
purposes/uses. Issues include Health and Safety questions that result as
well. For example, the size and scale of a boat ramp must be suitable and
safe for a commercial operator to use.

 

In looking at the review of the Maritime Facilities and the Mooring
Charges Bylaws, the Allen + Clarke (independent consultants) Maritime
Facilities Bylaw Options Paper (revised February 2022) was considered.
[4]https://infocouncil.fndc.govt.nz/Open/20...
(Please refer to pages 133 to 155). The authors note:

[…]

    

The Allen + Clarke Maritime Facilities Bylaw Options Paper makes a number
of references to commercial and recreational users.

 

It is also noted that there are various mentions online of complaints made
over many years by recreational users in relation to Ōpito Bay – for
example see from page 41 of the following link
 [5]https://infocouncil.fndc.govt.nz/Open/20...

Please also refer to page 127 of [6]Agenda of Strategy and Policy
Committee Meeting - Tuesday, 22 March 2022 (fndc.govt.nz) where it is
stated “Recently, commercial entities have been using recreational
maritime facilities in a way that is in direct competition with
recreational users and limits the availability of these maritime
facilities for local residents, visitors, and recreational boat users. One
example of this tension is the availability and use of the boat ramp at
Ōpito Bay, east of Kerikeri, where the activities of commercial oyster
farmers has angered some residents.” Although a focus has been on Ōpito
Bay, as noted in the Allen + Clarke Paper, the issue of competing use is
replicated at a number of facilities.

 

At its meeting on 21 September 2023, the Council agreed to seek public
feedback on a proposed Maritime Facilities Bylaw, which seeks to regulate
the use of maritime facilities under the control, management or ownership
of the Far North District Council or Far North Holdings Limited. The
public is invited to make submissions.

 

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
[7]www.ombudsman.parliament.nz or Freephone 0800 802 602.

 

Thank you for your enquiry.

 

Nāku noa, nā

 

Erica Cooney

   
Erica Cooney    
Legal Services Officer ‑ Legal Services
P 6494015306  |  [email address]
Te Kaunihera o Tai Tokerau ki te Raki  |  Far
North District Council
-----------------------------------------------

Pokapū Kōrero 24-hāora  |  24-hour Contact
Centre  0800 920 029
[8][IMG] [9][IMG][10]  [11][IMG][12] 
[13][IMG][14]  [15][IMG]

 

References

Visible links
1. mailto:[FOI #24388 email]
2. https://fyi.org.nz/request/24386-resourc...
3. https://www.fndc.govt.nz/files/assets/pu...
4. https://infocouncil.fndc.govt.nz/Open/20...
5. https://infocouncil.fndc.govt.nz/Open/20...
6. https://infocouncil.fndc.govt.nz/Open/20...
7. http://www.ombudsman.parliament.nz/
8. https://www.fndc.govt.nz/home
9. https://www.facebook.com/FarNorthDistric...
10. https://www.facebook.com/FarNorthDistric...
11. https://nz.linkedin.com/company/far-nort...
12. https://nz.linkedin.com/company/far-nort...
13. https://www.youtube.com/channel/UCRbGkKa...
14. https://www.youtube.com/channel/UCRbGkKa...
15. https://www.instagram.com/farnorth_dc/