24 October 2024
File Ref: IRC-7199
Wellington Ratepayer
[email address]
Tēnā koe
Thank you for your email of 1 October 2024 to Te Kaunihera o Pōneke | Wel ington City Council (the
Council) requesting the following information:
•
Please provide a table of Right of Ways owned or managed by WCC, providing
o
their Official Name
o
the departments that own and/or manage them
o
the number of dwel ings they each serve
Your request has been considered under the Local Government Of icial Information and Meetings Act
1987 (LGOIMA).
Rights of way are a form of easement that gives an individual the right to pass over another person’s
land. This can include using a neighbour’s driveway or being able to use a narrow portion of their
property as a footpath to your house. While the Council issues certification for the right of way via the
Resource Consents Team, the Council does not own or manage them, rather the private owner does.
The only exception to this is in Tawa, where there is a historical arrangement for some specific
privately owned driveways in Tawa. The private owners pay a levy on their rates to cover the
maintenance costs and the Council maintains the driveway through the road maintenance contract.
The Council does not keep a register of Right of Ways for public roading/access way use. For this
reason, I am refusing your request pursuant to section 17(g)(i) of the LGOIMA, as the information
requested is not held by the local authority and the person dealing with the request has no grounds
for believing that the information is held by another local authority or department or Minister of the
Crown or organisation.
You have the right, by way of complaint under section 28(1) of the LGOIMA, to request an
investigation and review of the Council’s decision to refuse information by the Ombudsman.
Information about how to make a complaint is available at
www.ombudsman.parliament.nz or
freephone 0800 802 602.
If you require further information, please contact
[email address].
Nāku noa, nā
Danika Morris-Brown
Senior Advisor Official Information
Official Information & Privacy
Wellington City Council