Kia ora,

 

We refer to your information request below. Hamilton City Council provides
the following response.

 

Your request:

 

1. Could you please supply the legislation that was used to support the
flood mapping of Hamilton City.
2. Could you please supply the name of the person signing off the flood
mapping for Hamilton City Council.
3. Could you supply the directive given and who gave it to flood map
Hamilton city.
4. Could you please supply the name of the person who was responsible for
procuring the services of Mr Craven and his flood mapping service.
5. Could you supply the contract details between Mr Craven and Hamilton
City Council and the agreed contract price please.
6. What was the total price paid to Mr Craven for all flood mapping.
7. Could you please supply what business unit was Mr Craven paid from?
8. What other agencies consult with Hamilton city council about flood risk
and flood mapping?
9. Does Hamilton city council have a contract with WSP?

 

Our response:

 

I refer to your official information request dated 23 September 2024 for
Flood Risk mapping Hamilton.

 

Part of the information you have requested is enclosed. However, we have
decided to refuse your request for information which relates to who signed
of the procurement of contractor under section 7(2)(f)(ii) LGOIMA -
Improper Pressure or Harassment.

 

We consider that the release of the information requested be likely to
lead to the improper pressure or harassment of an identifiable person.
This assessment has been made following your past interactions with staff
and Council contractors, including:

o Improper registration of a security interest on the Personal Property
Security Register (PPSR) against Council’s CE and a Council
contractor;
o Claiming compensation from Council and staff when there is no legal
basis to do so;
o Approaching a Council contractor engaged to complete work on flood
mapping at their place of business/ dwelling.

 

You have previously been advised by Council lawyers, Tompkins Wake in
correspondence of 4 April 2024 that Council would not tolerate
interference of any kind with the private affairs of its staff.

 

Staff consider that the actions by you constitute improper pressure or
harassment and given the continuing actions of yourself in this manner,
are likely to have a detrimental impact upon the effective conduct of
public affairs.

 

Staff consider that any public interest in disclosure of the withheld
information does not outweigh the need to withhold this for the above
reasons. Please see our responses below.

 

 1. Could you please supply the legislation that was used to support the
flood mapping of Hamilton City

 

Councils is not aware of standalone legislation which covers all aspects
of flood hazard mapping, rather it is a responsibility on councils
referenced in multiple Acts.  The work is undertaken to help protect and
inform communities and assist council planning to mitigate the impacts of
flooding.

 

The primary relevant legislation is the Resource Management Act 1991 (RMA)
and the Civil Defence Emergency Management Act (CDEM) 2002.

 

The RMA requires regional authorities to control the use of land for the
avoidance or mitigation of natural hazards. This can include directing
Local Authority’s to address flood hazards and risk within their own
District Plans. For example, the Waikato Regional Policy Statement
requires Council in its District Plan to manage subdivision, use and
development, including in “High Risk Flood Zones” which in order to give
effect to requires mapping of the 1% AEP.  The Resource Management (Energy
and Climate Change) Amendment Act 2004 further requires local authorities
to have particular regard to the effects of climate change.

 

The Operative District Plan (2017) identifies flood hazard areas and has
objectives, policies and rules specific to each area. These rules in the
Operative District Plan apply to new subdivision, use and development and
guide the development of new buildings and extensions to existing
buildings. Following our flood mapping and Floodviewer work that’s well
underway, the next step is to consider further changes to planning rules
to help create more climate resilient communities and better manage
flooding hazards. The work is known as Plan Change 14 and will look to
remove out-dated flood hazard maps from the District Plan and introduce
improved rules to manage flood hazards based on the most up-to-date
information available on Floodviewer. Formal notification of any rule
changes is planned in 2024/25.

 

Council’s Comprehensive Stormwater Discharge Resource Consent (granted by
Waikato Regional Council) also requires Council to avoid or minimise
adverse flooding of land and property. Mapping flood hazards helps Council
fulfil these requirements.

 

The CDEM Act covers management of hazards, resilient communities and
ensuring the safety of people, property and infrastructure in an
emergency. Although risk reduction is primarily achieved through proactive
planning as required by the RMA and the CDEM Act, other relevant
legislation for climate change and flood risk management includes the
Building Act 2004, the Local Government Act 2002 and the Soil Conservation
and Rivers Control Act 1941.

This legislation is all available at [1]https://www.legislation.govt.nz/

 

 2. Could you please supply the name of the person signing off the flood
mapping for Hamilton City Council.

 

This is an operational matter, and authorisation of the release of flood
data includes the Executive Leadership Team ie, our General managers and
Chief Executive.

 

 3. Could you supply the directive given and who gave it to flood map
Hamilton city.

 

As referenced in Question 1, Council is responding to legislative
requirements and the need for information to support Council planning.
Council has over time completed flood mapping in catchments under
different projects, ultimately funded and confirmed through LTP processes.
As each LTP is confirmed, the authorisation to continue the work is
approved by Council via confirmation by elected members and implemented by
staff under the delegation of the chief executive.

 

 4. Could you please supply the name of the person who was responsible for
procuring the services of Mr Craven and his flood mapping service.

 

The delegated authority for the contracts was the General Manager of
Development which has now been disestablished. We refused to provide name
of the staff member as per s7(2)(f)(ii) of LGOIMA.

 

 5. Could you supply the contract details between Mr Craven and Hamilton
City Council and the agreed contract price please.

 

CON-00002320/2023: $34,650 paid for flood mapping (Western Heights)

CON-00002195/2023: $150,000 total: $149,250 paid (Waitawhiriwhiri/Central
City) (Infrastructure Acceleration Fund)

CON-00001780/2022: $125,000 (Chartwell/Hamilton East)

CON-00001848/2022: $120,000 (St Andrews)

CON-00001275/2022: $120,000 (Kirikiriroa)

 

 6. What was the total price paid to Mr Craven for all flood mapping.

 

Please see the amounts above these are all GST excluded so the total is
$548,900 excl GST.

 

 7. Could you please supply what business unit was Mr Craven paid from?

 

Infrastructure & Assets

 

 8. What other agencies consult with Hamilton city council about flood
risk and flood mapping?

 

Council’s confirmed flood mapping is publicly available and is accessed by
a variety of external users. Council provides information as requested but
does not provide ‘consultancy services’ to other agencies.

 

 9. Does Hamilton city council have a contract with WSP?

 

Council has no current contract with WSP in relation to flood hazard
mapping. Council has previously contracted WSP for flood modelling work in
relation to overland flow paths and depression areas.

 

You have the right to seek an investigation and review by the Ombudsman of
this decision. Information about how to make a complaint is available at
[2]www.ombudsman.parliament.nz or freephone 0800 802 602.

 

Ngaa mihi

Keeley Faulkner

Official Information Advisor & Legal Support Officer

Legal services

Governance & Assurance Team | Partnerships, communication & Maaori

Email: [3][Hamilton City Council request email]

Hamilton City Council | Private Bag 3010 | Hamilton 3240 |
[4]www.hamilton.govt.nz
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I support flexibility at work. While it suits me to send this email now, I
don’t expect a response outside of your own working hours. 

 

From: clampett trust <[9][FOI #28478 email]>
Sent: Monday, September 23, 2024 8:58 AM
To: Official Information <[10][Hamilton City Council request email]>
Subject: Official Information request - Flood risk mapping Hamilton City

 

Dear Hamilton City Council,
1. Could you please supply the legislation that was used to support the
flood mapping of Hamilton City.
2. Could you please supply the name of the person signing off the flood
mapping for Hamilton City Council.
3. Could you supply the directive given and who gave it to flood map
Hamilton city.
4. Could you please supply the name of the person who was responsible for
procuring the services of Mr Craven and his flood mapping service.
5. Could you supply the contract details between Mr Craven and Hamilton
City Council and the agreed contract price please.
6. What was the total price paid to Mr Craven for all flood mapping.
7. Could you please supply what business unit was Mr Craven paid from?
8. What other agencies consult with Hamilton city council about flood risk
and flood mapping?
9. Does Hamilton city council have a contract with WSP?

Thank you for your assistance

Yours faithfully,
Clampett trust

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