Kia Ora Ms Anderson

 

I refer to your e-mail below. 

 

Our responses to your questions are written below each question.  

 

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From: Karen Anderson <[2][FOI #26882 email]>
Sent: Monday, 20 May 2024 8:26 a.m.
To: Official Information <[3][Dunedin City Council request email]>
Subject: Official Information request - Information about documents in the
agenda for meeting 21 May 2024

 

Dear Dunedin City Council,
These requests arise from the parts of the agenda for the Customer and
Regulatory meeting 21 May 2024 that deal with the review of the dog policy
and bylaw.

This information is required to consider the information in that agenda,
allow informed discussions amongst interested parties, and provide
informed submissions in the upcoming review. The absence of the
information will prevent that occurring, and that will negatively impact
the upcoming consultation. Therefore please provide the information with
urgency to prevent repeating the same disadvantage caused by failing to
comply with the LGOIMA requirements in relation to requests for the Annual
Plan consultation. Noting the LGOIMA allows information to be released as
it becomes available, and doing so would comply with the request for
urgency.

1. Paragraph 22 of the Report refers to topics discussed on social media,
but unlike the surveys referred to no information is provided. Please
provide the information supporting that analysis.

 

The information is attached.

2. The next paragraph is also numbered 22. It states the approach of other
Councils was researched. Please name the other Councils researched, and
provide all materials obtained from those Councils, and all materials
produced during and as a result of the research and analysis of the
information. Note that will include, but is not limited to, notes,
materials recording the analysis, summaries, and records of conclusions
drawn.

 

The Policy Analyst viewed information contained on their websites. 
Attached is a summary of the Council’s webpages reviewed and a summary of
the information obtained.

3. Paragraph 29 identifies the requirement for reasons to impose
restrictions. That requires actual evidence of an actual risk. Please
provide the evidence relied on to prove the actual risks claimed to exist,
that the restrictions are a proportionate response to the actual risk, and
imposing the restrictions will remove or reduce the risk to such low
levels the restriction is justified. That will include, but not be limited
to, the potential danger, distress and nuisance relating to locations
listed in paragraph 25.

 

The table in paragraph 25 shows 3 sites for increasing restrictions and
also includes limiting  the number of dogs that can be walked at any one
time.  Feedback received via early engagement has informed the proposed
restrictions for the 3 areas.  Please find attached link to the early
engagement information received

 

[4]https://www.dunedin.govt.nz/services/dog...

 

A document showing actual evidence does not exist and is therefore
declined pursuant to section 17(e) of LGOIMA that the document alleged to
contain the information requested does not exist or despite reasonable
efforts to locate it, cannot be found. 

4. Paragraph 4 states the proposed changes seek to improve recreational
opportunities for dogs and their owners. Please provide the evidence
relied on to identify the recreational needs of Dunedin dogs and owners,
then identify how the proposed changes will improve opportunities for
those recreational needs, including by reference to obligations pursuant
to the Animal Welfare Act. That will include, but will not be limited to,
the proposed changes in paragraph 25.

 

Early engagement informed the proposal for  recreational needs, please use
the link provided to question 3. 

 

A document showing actual evidence does not exist and is therefore
declined pursuant to section 17(e) of LGOIMA that the document alleged to
contain the information requested does not exist or despite reasonable
efforts to locate it, cannot be found. 

5. The Summary of Considerations refers to engagement with multiple
parties, such as in-House Legal Counsel, Parks and Recreation, Business
Information Services, Communications and Marketing, etc. Please provide
the records of that engagement, and their input, by whatever name that is
called (for example views, opinions, positions, communications,
suggestions, etc).

 

Pursuant to Section 17 (f)  of LGOIMA that the information cannot be made
available without substantial collation or research your request is
declined.

6. The Summary of Considerations refers to an external legal review.
Please provide a copy of that review, and also explain why it was not
provided in the agenda as occurs for non-dog decisions being made. Note
that if the review is not provided I will operate on the basis that, like
other reviews of dog issues, it was unfavourable to the position being
promoted.

The Council contracted Simpson Grierson to undertake a review of the
proposed Policy and Bylaw. 

 

Pursuant to sections 7(g) to maintain legal professional privilege and
7(f) (i) to maintain the effective conduct of public affairs through the
free and frank expression of opinions by or between or to member or
officers or employees of any local authority in the course of their duty,
your request for a copy of the review is declined.

 

As we have declined to provide some information you are advised that you
have the right to seek a review of this decision by the Office of the
Ombudsman.

 

 

Kā mihi

 

 

Jennifer Lapham

Mana Whakahaere Kairuruku/Governance Support Officer
Governance Group           

P  03 477 4000  |   E [5][email address] 

Te Kaunihera a Rohe o Ōtepoti - Dunedin City Council

PO Box 5045, Dunedin 9054

New Zealand

[6]www.dunedin.govt.nz

 

 

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