Civic Administration Building
838-842 Fergusson Drive,
Upper Hutt
Private Bag 907, Upper Hutt 5140
Tel: (04) 527-2169
Fax: (04) 528-2652
Email:
[Upper Hutt City Council request email]
Website: www.upperhuttcity.com
Fraser
File: 311/04-001
via email:
Ref: JM
[FYI request #3867 email]
11 April 2016
Dear Fraser
RE: LOCAL GOVERNMENT OFFICIAL INFORMATION AND MEETINGS ACT 1987 REQUEST
This letter is to acknowledge receipt of your request for information received on Thursday 7 April
2016. Day one is Friday 8 April 2016, the first working day following the date of receipt.
Under section 13 of the Local Government Official Information and Meetings Act 1987, Council
has 20 working days to decide whether to release the information or not, although the Council
aims to make a decision in less than 20 working days. For more information on section 13,
please refer to the second page of this letter.
If the decision is to release the requested information to you, Council’s aim is to supply it by
Monday 6 May 2016. To keep the Mayor and Councillors informed, a brief summary of your
request will be published as part of the quarterly Audit and Finance Committee agenda.
Andrea Hilton, City Solicitor, is overseeing your enquiry.
Yours faithfully
Jacqui McKelvey
Administration Officer
13 Decisions on requests
Legislation:
Local Government Official Information and Meetings Act 1987
(1)
Subject to this Act, the local authority to which a request is made in accordance with section 10
of this Act, or is transferred in accordance with section 12 of this Act or section 14 of the Official
Information Act 1982, shall, as soon as reasonably practicable, and in no case later than 20
working days after the day on which the request is received by that local authority,—
(a) Decide whether the request is to be granted and, if it is to be granted, in what manner
and for what charge (if any); and
(b) Give or post to the person who made the request notice of the decision on the
request.
[(1A)
Subject to section 23 of this Act, every local authority (including a local authority whose activities
are funded in whole or in part by another person) may charge for the supply of official information
under this Act.]
(2)
Any charge for the supply of official information under this Act shall not exceed the prescribed
amount.
(3)
Where no such amount is prescribed, any charge fixed shal be reasonable, and regard may be
had to the cost of the labour and materials involved in making the information available and to
any costs incurred pursuant to a request of the applicant to make the information available
urgently.
(4)
The local authority may require that the whole or part of any charge be paid in advance.
(5)
Where a request in accordance with section 10 of this Act is made or transferred to a local
authority, the decision on that request shal be made by the [chief executive] of that local
authority or an officer or employee of that local authority authorised by that [chief executive]
unless that request is transferred in accordance with section 12 of this Act to another local
authority or to a Department, Minister of the Crown, or organisation.
(6)
Nothing in subsection (5) of this section prevents the [chief executive] of a local authority or any
officer or employee of a local authority from consulting a local authority or any other person in
relation to the decision that the [chief executive] or officer or employee proposes to make on any
request made to the local authority in accordance with section 10 of this Act or transferred to the
local authority in accordance with section 12 of this Act or section 14 of the Official Information
Act 1982.
[(7)
If a request (the original request) is amended or clarified after the date on which it is received,
the local authority that receives the request may treat the amended or clarified request as a new
request that, for the purposes of subsection (1), replaces the original request.]
[(8)
However, subsection (7) does not apply if—
(a) the original request is amended or clarified because the local authority sought an
amendment to, or a clarification of, the request; and
(b) the local authority did not seek that amendment or clarification within 7 working days
after receiving the original request.]