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Prosecution for breaches of bylaws

J Reklaw made this Official Information request to Waitaki District Council

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From: J Reklaw

Dear Waitaki District Council,

Since 2018, how many people have WDC prosecuted for breaching the following bylaws.

General bylaw 56
General bylaw 58
General bylaw 59
General bylaw 60

Please include court case numbers and costs associated with each case.

Yours faithfully,

J Reklaw

Link to this

From: Tracey Clare
Waitaki District Council


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[1]LGOIMA Final Response.PNG

 

Kia ora J Reklaw

 

Thank you for your recent request regarding OIA-1503  Prosecution for
breaches of bylaws made under the Local Government Official Information
and Meetings Act (LGOIMA) on the 14 December 2024

You requested the below information: 

Since 2018, how many people have WDC prosecuted for breaching the
following bylaws.

General bylaw 56
General bylaw 58
General bylaw 59
General bylaw 60

Please include court case numbers and costs associated with each case.

Council Officers have reviewed your request and have declined the
request under of the Local Government Information and Meetings Act 1987
on grounds that:

In accordance with Section 17(h) we determine that this request is
‘vexatious’ by using a false identity to which to request information.

 

We are willing to review your request if supplied directly to Council
with an ID to confirm your identity and legitimacy.

 

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

 

Sincerely,

 

 

 

 

 

Information Management Team

Waitaki District [3]Waitaki District Council Draft District Plan |
Council Let's Talk ...
Private Bag 50058 [4][IMG] [5][IMG] [6][IMG] [7][IMG] 
Oamaru
Waitaki District
Otago 9444
New Zealand
The information transmitted, including attachments, is intended only for
the person(s) or entity to which it is addressed and may contain
confidential and/or privileged material. Any review, retransmission,
dissemination or other use of, or taking of any action in reliance upon
this information by persons or entities other than the intended
recipient is prohibited. If you received this in error please contact
the sender and destroy any copies of this information.

From: J Reklaw <[8][FOI #29553 email]>
Sent: Saturday, 14 December 2024 12:14 pm
To: Lgoima <[9][Waitaki District Council request email]>
Subject: Official Information request - Prosecution for breaches of bylaws

 

[10][THIS EMAIL IS FROM AN EXTERNAL SOURCE] DO NOT CLICK links or
attachments unless you recognise the sender email address and know the
content is safe.

Dear Waitaki District Council,

Since 2018, how many people have WDC prosecuted for breaching the
following bylaws.

General bylaw 56
General bylaw 58
General bylaw 59
General bylaw 60

Please include court case numbers and costs associated with each case.

Yours faithfully,

J Reklaw

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

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

Please use this email address for all replies to this request:
[11][FOI #29553 email]

Is [12][Waitaki District Council request email] the wrong address for Official Information
requests to Waitaki District Council? If so, please contact us using this
form:
[13]https://fyi.org.nz/change_request/new?bo...

Disclaimer: This message and any reply that you make will be published on
the internet. Our privacy and copyright policies:
[14]https://fyi.org.nz/help/officers

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
page.

show quoted sections

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From: J Reklaw

Dear Tracey Clare,

Your claim of vexatious’ by using a false identity is wrong (see below)

"https://fyi.org.nz/help/privacy

Can I make an OIA request using a pseudonym?

The requirements for making an OIA request are fairly broad. Any person who is a citizen of New Zealand, a resident of New Zealand, or located in New Zealand can make one.

There are several good alternatives to using a pseudonym.

Use a different form of your name. The UK experience is that that "Mr Arthur Thomas Roberts" can make a valid request as "Arthur Roberts", "A. T. Roberts", or "Mr Roberts", but not as "Arthur" or "A.T.R.".
Women may use their maiden name.

In most cases, you may use any name by which you are "widely known and/or is regularly used".
Use the name of an organisation, the name of a company, the trading name of a company, or the trading name of a sole trader."

Unless you have any evidence to support your ‘vexatious’ claim, please respect my privacy and release the information requested.

Yours sincerely,

J Reklaw

Link to this

From: Lgoima
Waitaki District Council


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Dear J Reklaw,

 

Thank you for your email regarding our previous response.

 

I apologize for any confusion in our earlier reply.  You are correct that
using a pseudonym alone does not make a request vexatious.   However, we
have declined your request under Section 17(h) of the Local Government
Information and Meetings Act 1987 because it forms part of a pattern of
multiple similar requests that appear to come from the same source, which
collectively place a substantial and unreasonable burden on Council
resources.

 

However, if you are a genuine new requestor with no connection to these
previous requests, we invite you to contact us to discuss your information
needs, and we will be happy to process your request accordingly.

 

If you wish to challenge this decision, you have the right to make a
complaint to the Ombudsman under section 27(3) of the Act.

 

Yours sincerely

 

 

 

 

Information Management Team

Waitaki District [1]Waitaki District Council Draft District Plan |
Council Let's Talk ...
Private Bag 50058 [2][IMG] [3][IMG] [4][IMG] [5][IMG] 
Oamaru
Waitaki District
Otago 9444
New Zealand
The information transmitted, including attachments, is intended only for
the person(s) or entity to which it is addressed and may contain
confidential and/or privileged material. Any review, retransmission,
dissemination or other use of, or taking of any action in reliance upon
this information by persons or entities other than the intended recipient
is prohibited. If you received this in error please contact the sender and
destroy any copies of this information.

 

Dear Lgoima,

Your claim of vexatious’ by using a false identity is wrong (see below)

"[6]https://fyi.org.nz/help/privacy

Can I make an OIA request using a pseudonym?

The requirements for making an OIA request are fairly broad. Any person
who is a citizen of New Zealand, a resident of New Zealand, or located in
New Zealand can make one.

There are several good alternatives to using a pseudonym.

Use a different form of your name. The UK experience is that that "Mr
Arthur Thomas Roberts" can make a valid request as "Arthur Roberts", "A.
T. Roberts", or "Mr Roberts", but not as "Arthur" or "A.T.R.".
Women may use their maiden name.

In most cases, you may use any name by which you are "widely known and/or
is regularly used".
Use the name of an organisation, the name of a company, the trading name
of a company, or the trading name of a sole trader."

Unless you have any evidence to support your ‘vexatious’ claim, please
respect my privacy and release the information requested.

Yours sincerely,

J Reklaw

show quoted sections

Link to this

From: J Reklaw

Dear Lgoima,

Council have now provided two very different reasons why they have declined my information request.

If Council's latest claim was true, and that my request would involve substantial collation or research by Council staff, then 17A , of the LGOIMA should have been implemented. Since Council choose not to implement 17A, then Council's reasons for declining my request could be viewed as vexatious.

If the information requested is not received by January 14, 2025, I will consider lodging a complaint with the Ombudsman.

Yours sincerely,

J Reklaw

Link to this

From: Lgoima
Waitaki District Council


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Good afternoon J Reklaw

 

Thank you for your recent request regarding OIA-1509 Bylaw Numbers made
under the Local Government Official Information and Meetings Act
(LGOIMA).  We hereby acknowledge receipt of your request and will
proceed with the necessary actions to address it promptly.

 

Please note that we will endeavor to respond to your request as soon as
possible and no later than 10 February following the statutory
timeframe of 20 working days* after the day your request was received,
as prescribed by LGOIMA.  Should any additional information or
clarification be required, we will contact you accordingly.

 

*The response date shown takes into account:

1.     Summer holidays (20 December to 10 January)

2.     Waitangi Day (6 February 2025)

If we are unable to respond to your request by then, we will notify you
of an extension of that timeframe.

We appreciate your patience and understanding as we work to fulfill your
request.

Pro-active Release Privacy
Please note that as well as In order to protect the privacy of
responding directly to you, Waitaki individuals, we will not generally
District Council may also choose to publish information specific to an
release responses to requests for individual or their property, or
information on the council information that identifies
website. Information requested by the individual requesters.
media, from public sector
organisations and MPs will always be
published.

 

Further information can be found via the Ombudsman’s office which
explains how Requests for Information are dealt
with: [1]http://www.ombudsman.parliament.nz/   

Sincerely,

 

 

 

 

Information Management Team

Waitaki District [2]Waitaki District Council Draft District Plan |
Council Let's Talk ...
Private Bag 50058 [3][IMG] [4][IMG] [5][IMG] [6][IMG] 
Oamaru
Waitaki District
Otago 9444
New Zealand
The information transmitted, including attachments, is intended only for
the person(s) or entity to which it is addressed and may contain
confidential and/or privileged material. Any review, retransmission,
dissemination or other use of, or taking of any action in reliance upon
this information by persons or entities other than the intended
recipient is prohibited. If you received this in error please contact
the sender and destroy any copies of this information.

 

 

 

Dear Waitaki District Council,

Since 2018, how many people have WDC prosecuted for breaching the
following bylaws.

General bylaw 56
General bylaw 58
General bylaw 59
General bylaw 60

Please include court case numbers and costs associated with each case.

Yours faithfully,

J Reklaw

show quoted sections

Link to this

From: Lgoima
Waitaki District Council


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[1]LGOIMA Final Response.PNG

Good morning J Reklaw

I refer to your Official Information request regarding:  Lgoima:
OIA-1509 Bylaw Numbers.

 

You requested the information below:

Since 2018, how many people have WDC prosecuted for breaching the
following bylaws.

General bylaw 56
General bylaw 58
General bylaw 59
General bylaw 60
Please include court case numbers and costs associated with each case.

Council Officers have reviewed your request and have collated the
following answer:

No persons have been prosecuted for breaching the Waitaki District
General Bylaws 56, 58, 59 and 60 between the period commencing 1 July
2018 (date the Bylaw came into force)  and the date of this response.  

You have the right to seek an investigation and review by the
Ombudsman.

Information about how to make a complaint is available at
[2]www.ombudsman.parliament.nz or freephone 0800 802 602.

If you wish to discuss this information with us, please feel free to
contact: [3][Waitaki District Council request email] 

Pro-active Release Privacy
Please note that as well as In order to protect the privacy of
responding directly to you, Waitaki individuals, we will not generally
District Council may also choose to publish information specific to an
release responses to requests for individual or their property, or
information on the council information that identifies
website. Information requested by individual requesters.
the media, from public sector
organisations and MPs will always
be published.

Further information can be found via the Ombudsman’s office which
explains how Requests for Information are dealt
with: [4]http://www.ombudsman.parliament.nz/   

Sincerely,

 

 

 

 

 

Information Management Team

Waitaki District [5]Waitaki District Council Draft District Plan |
Council Let's Talk ...
Private Bag 50058 [6][IMG] [7][IMG] [8][IMG] [9][IMG] 
Oamaru
Waitaki District
Otago 9444
New Zealand
The information transmitted, including attachments, is intended only for
the person(s) or entity to which it is addressed and may contain
confidential and/or privileged material. Any review, retransmission,
dissemination or other use of, or taking of any action in reliance upon
this information by persons or entities other than the intended
recipient is prohibited. If you received this in error please contact
the sender and destroy any copies of this information.

 

Dear Waitaki District Council,

Since 2018, how many people have WDC prosecuted for breaching the
following bylaws.

General bylaw 56
General bylaw 58
General bylaw 59
General bylaw 60

Please include court case numbers and costs associated with each case.

Yours faithfully,

J Reklaw

show quoted sections

Link to this

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