Non-enforcement of disciplinary action

Annie Weston made this Official Information request to Queenstown-Lakes District Council

The request was refused by Queenstown-Lakes District Council.

From: Annie Weston

Dear Queenstown-Lakes District Council,

On the 24th of August 2017 you replied by email that I'd receive a decision on my request for official information within 20 working days. You've exceeded that time period. When can I expect a decision on whether you'll answer the following questions please.
---
The residents at 9 Boyes Crescent, Frankton breached the District Plan Rules and brought +/- 400 cubic meters of fill onto their section without a resource consent and without seeking affected person approval from me. Did they receive an infringement fee from QLDC Enforcement and if so for how much?

In addition they created an unformed vehicle crossing on road reserve that is accessed over a public footpath. This is not consented. Have they received an infringement fee from QLDC Enforcement? Will they be required to apply for a consent?

Their Planner provided false information on their resource consent application. Did he or his company or the residents at 9 Boyes Crescent receive any disciplinary action from QLDC Enforcement and if so what was it?

The then Resource Consenting Manager did not divulge his personal association with the residents at 9 Boyes Crescent or the Planner by declaring a conflict of interest. Was he subject to any disciplinary action from QLDC Enforcement and if so what was it?

If none of the above wrong doing has been enforced by QLDC then I would like to know the reasons why not.

I would also like to know why the residents of Wilmot Ave are exempt from the new parking restrictions imposed on residents of Boyes Crescent.

Yours faithfully,

Annie Weston

Link to this

From: QLDC Services
Queenstown-Lakes District Council

Thank you for your email. Your request will be forwarded to the
appropriate staff member or contractor to action.

Should your enquiry be urgent, please feel free to phone Queenstown 03
441-0499 or Wanaka 03 443-0024.

 

Kind Regards,

 

The QLDC Customer Services Team

Link to this

From: Annie Weston

Dear Queenstown-Lakes District Council,

I'm yet to receive a reply to my request for official information. Please can you let me know when I can expect it.

Yours faithfully,

Annie Weston

Link to this

From: QLDC Services
Queenstown-Lakes District Council

Thank you for your email. Your request will be forwarded to the
appropriate staff member or contractor to action.

Should your enquiry be urgent, please feel free to phone Queenstown 03
441-0499 or Wanaka 03 443-0024.

 

Kind Regards,

 

The QLDC Customer Services Team

Link to this

From: Annie Weston

Dear Barbara East,

Thank you for your reply noted below.

The purpose of QLDC’s Conflict of Interest Policy is to ensure decisions made on QLDC’s behalf are fair and free of bias or perceived bias.

A conflict of interest exists when an employee could be perceived as being affected by a personal or private interest whilst carrying out their duties. A personal or private interest is one that can bring benefit to others whom the employee may wish to benefit.

A perceived conflict of interest exists where it’s likely to be perceived by external parties that an employee’s private interest could improperly influence the performance of their duties.

I perceive that a conflict of interest exists for two reasons:

1) Eryn Cutler (Applicant), Blair Devlin (QLDC employee & then Resource Consenting Manager) and Nick Geddes (CFMA Planner who submitted the application) attended the same faculty at the same university at the same time. And by Tony Avery’s admission Eryn Cutler and Blair Devlin know each other.

2) While you state that Council does not permit resource consent applicants to breach their resource consent conditions that is precisely what has happened.

Do you acknowledge that these facts point to an actual, potential or perceived conflict of interest?

Did Kirsty & Eryn Cutler receive any disciplinary action for breaching their resource consent and the District Plan Rules?

Will they be required to apply for a consent for their currently un-consented unformed vehicle crossing on road reserve that is accessed over a public footpath?

I have an email from a Senior Planner at QLDC stating that the Cutlers are in breach of their resource consent and require an earthworks consent because no earthworks were contemplated in the application. I have a surveyor's report, posted on this site, stating that they brought 400m3 onto their section. In light of these facts how can you say Council is not aware of any false information being provided on their resource consent application.

Yours faithfully, Annie Weston

---

From: Barbara East <[email address]>
Date: Monday, 18 December 2017 at 4:49 PM
To: Annie Weston <[email address]>
Subject: Attn: Enforcement Authority [#35CD3K]

Hi Annie
Your queries about earthworks at 9 Boyes Crescent and possible conflicts of interest were responded to in emails from Blair Devlin on 5 November2014 (attached) and Tony Avery on 26 July 2016. We are not aware of any false information being provided on the Cutler’s resource consent application.
As the site previously had a vehicle crossing, we are not aware of any issues with it.

Regards
Barbara

Link to this

From: QLDC Services
Queenstown-Lakes District Council

Thank you for your email. Your request will be forwarded to the
appropriate staff member or contractor to action.

Should your enquiry be urgent, please feel free to phone Queenstown 03
441-0499 or Wanaka 03 443-0024.

 

Kind Regards,

 

The QLDC Customer Services Team

Link to this

From: Tony Avery
Queenstown-Lakes District Council


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Attachment Email from Blair Devlin re issues relating to 9 Boyes Crescent.pdf
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Dear Annie

 

Your email to Barbara has been passed onto me to respond to.  In terms of
your questions:

 

1.       As I said in my email of 26 July 2016 to you (attached), I am
satisfied that there was no conflict of interest issue here.  Attending
the same faculty, at University, at the same time does not generate a
conflict, nor does having your children at the same kindergarten.  Mr
Devlin had no personal or private interest in this.  So there is no
actual, potential conflict here.

2.       As was outlined in Mr Devlin’s email to you on 5 November 2014
(attached), the Council was satisfied that there was no breach and
therefore no action was required.

3.       I have asked the monitoring and enforcement team to look into
your claim that there is an “un-consented unformed vehicle crossing on
road reserve that is accessed over a public footpath”, which they will
look to do in the New Year.

 

Regards

 

 

Tony Avery |  General [2]cid:image001.png@01D1DE85.90E7C4E0
Manager

Planning and Development

Queenstown Lakes District [3]Description:
Council cid:image003.png@01CEA7D7.20704940

DD: +64 3 441 0461 | M:
+64 27 498 2473

[1][email address]

 

[4]QLDC_Christmas-Signature_Email_Dec17 (2)

 

 

 

 

-----Original Message-----
From: "Annie Weston" <[5][FOI #6594 email]>
Sent: Tuesday, 19 December 2017 12:50 PM
To: "OIA/LGOIMA requests at Queenstown-Lakes District Council"
<[6][Queenstown-Lakes District Council request email]>
Subject: Re: Official Information request - Non-enforcement of
disciplinary action

Dear Barbara East,

Thank you for your reply noted below.

The purpose of QLDC’s Conflict of Interest Policy is to ensure decisions
made on QLDC’s behalf are fair and free of bias or perceived bias.

A conflict of interest exists when an employee could be perceived as being
affected by a personal or private interest whilst carrying out their
duties. A personal or private interest is one that can bring benefit to
others whom the employee may wish to benefit.

A perceived conflict of interest exists where it’s likely to be perceived
by external parties that an employee’s private interest could improperly
influence the performance of their duties.

I perceive that a conflict of interest exists for two reasons:

1) Eryn Cutler (Applicant), Blair Devlin (QLDC employee & then Resource
Consenting Manager) and Nick Geddes (CFMA Planner who submitted the
application) attended the same faculty at the same university at the same
time. And by Tony Avery’s admission Eryn Cutler and Blair Devlin know each
other.

2) While you state that Council does not permit resource consent
applicants to breach their resource consent conditions that is precisely
what has happened.

Do you acknowledge that these facts point to an actual, potential or
perceived conflict of interest?

Did Kirsty & Eryn Cutler receive any disciplinary action for breaching
their resource consent and the District Plan Rules?

Will they be required to apply for a consent for their currently
un-consented unformed vehicle crossing on road reserve that is accessed
over a public footpath?

I have an email from a Senior Planner at QLDC stating that the Cutlers are
in breach of their resource consent and require an earthworks consent
because no earthworks were contemplated in the application. I have a
surveyor's report, posted on this site, stating that they brought 400m3
onto their section. In light of these facts how can you say Council is not
aware of any false information being provided on their resource consent
application.

Yours faithfully, Annie Weston

---

From: Barbara East <[7][email address]>
Date: Monday, 18 December 2017 at 4:49 PM
To: Annie Weston <[8][email address]>
Subject: Attn: Enforcement Authority [#35CD3K]

Hi Annie
Your queries about earthworks at 9 Boyes Crescent and possible conflicts
of interest were responded to in emails from Blair Devlin on 5
November2014 (attached) and Tony Avery on 26 July 2016. We are not aware
of any false information being provided on the Cutler’s resource consent
application.
As the site previously had a vehicle crossing, we are not aware of any
issues with it.

Regards
Barbara

-----Original Message-----

Thank you for your email. Your request will be forwarded to the
appropriate staff member or contractor to action.

Should your enquiry be urgent, please feel free to phone Queenstown 03
441-0499 or Wanaka 03 443-0024.

 

Kind Regards,

 

The QLDC Customer Services Team

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From: Annie Weston

Dear Tony Avery,

Please explain how Council can be satisfied that the Cutlers were truthful on their resource consent application, that they did not breach their resource consent conditions, that there is no breach to the District Plan Rules when I have an INDEPENDENT SURVEYOR’S REPORT stating that they brought 400 CUBIC METRES OF FILL onto their property when the limit was 100 cubic metres.

WHY WAS MY AFFECTED PERSON APPROVAL NOT REQUIRED for this breach of the District Plan Rules.

Why did Enforcement state that they would give the Cutlers a consent anyway so they didn’t need to apply for one. HOW CAN COUNCIL DETERMINE THE OUTCOME OF A RESOURCE CONSENT HEARING?

If it is not nepotism then WHY DID COUNCIL DISREGARD MY RIGHTS AND ITS OBLIGATIONS UNDER THE RMA IN FAVOUR OF LAW BREAKERS.

Why is the Cutler's breach and exemption from the law NOT AVAILABLE FOR THE PUBIC TO VIEW ON E-DOCS?

Yours sincerely,

Annie Weston

Link to this

From: Tony Avery
Queenstown-Lakes District Council


Hi

Thanks for your email.  I am on leave, back on Monday 15 January.

Anything urgent, please contact our customer services team on 03 441 0499
or [Queenstown-Lakes District Council request email].

Thanks

Tony

Link to this

From: Annie Weston

Dear Tony Avery,

It's been 20 working days since your holiday. When can I expect an answer to my questions please.

Yours faithfully,

Annie Weston

Link to this

From: QLDC Services
Queenstown-Lakes District Council

Thank you for your email.

 

Should your enquiry be urgent, please feel free to phone Queenstown 03
441-0499 or Wanaka 03 443-0024 otherwise your request will be forwarded to
the appropriate staff member or contractor to be actioned.

 

Kind Regards,

 

The QLDC Customer Services Team

Link to this

From: Bex Nash
Queenstown-Lakes District Council


Attachment image001.png
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Hello Annie,

 

Thank you for your email to Tony following up on your previous
correspondence in January. Tony is presently out of the office and due to
return on Thursday afternoon so I’ll follow-up with him in regards to a
response to your questions once he’s back.

 

Kind regards

 

Rebecca

 

Rebecca Nash-Jones  |  EA to
Planning & Development GM /
Planning Support  |  Planning &
Development

Queenstown Lakes District Council [2]cid:image001.png@01D29651.78F81F90

DD: +64 3 441 0491 | P: +64 3 441
0499 

E:
[1][email address]

 

From: QLDC Services [[3]mailto:[email address]]
Sent: Monday, 12 February 2018 2:16 PM
To: Giz Tahuri
Subject: FW: Official Information request - Non-enforcement of
disciplinary action [#3F0C5J]

 

-----Original Message-----
From: "Annie Weston" <[4][FOI #6594 email]>
Sent: Saturday, 10 February 2018 8:41 PM
To: "OIA/LGOIMA requests at Queenstown-Lakes District Council"
<[5][Queenstown-Lakes District Council request email]>
Subject: Re: Official Information request - Non-enforcement of
disciplinary action

Dear Tony Avery,

It's been 20 working days since your holiday. When can I expect an answer
to my questions please.

Yours faithfully,

Annie Weston

-----Original Message-----


Hi

Thanks for your email.  I am on leave, back on Monday 15 January.

Anything urgent, please contact our customer services team on 03 441 0499
or [Queenstown-Lakes District Council request email].

Thanks

Tony

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From: Tony Avery
Queenstown-Lakes District Council


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Dear Ms Weston

 

Your concerns over your neighbour's property build have been fully
investigated by the Council and have been responded to on numerous
occasions.  I have looked into the situation again and as I understand it,
in response to each of the points in your email:

·         It has always been acknowledged that an earthworks consent
should have been obtained by the parties at the time of the work.

·         It has also been explained a number of times that the Council
has a discretion over whether enforcement action should be taken.  In this
case, while enforcement action was considered, it was decided that no
action would be taken because the works were complete and that there were
no adverse effects of the filling that would warrant taking action.

·         I understand that you think there should have been some kind of
enforcement action taken.  The Council remains of the view that it was not
warranted in this case.

·         Your affected party approval was provided for the overall
build.  The earthworks did not result in the overall house size being
different from that which you gave your approval for.  No further affected
party approval was required.

·         There was no determination of the outcome of a resource consent
by the enforcement team.  But given the earthworks did not change the
overall house size, it is highly likely that a consent would have been
granted because there were no adverse effects generated by the fill in
itself.

·         Despite your repeated claims, and as explained in my previous
response to you, there was no nepotism in how this was dealt with.

·         Decisions to not take enforcement action are generally not
recorded in E-Docs.

 

Regards

 

 

 

Tony Avery |  General [2]cid:image001.png@01D1DE85.90E7C4E0
Manager

Planning and Development

Queenstown Lakes District [3]Description:
Council cid:image003.png@01CEA7D7.20704940

DD: +64 3 441 0461 | M:
+64 27 498 2473

[1][email address]

 

 

 

 

 

 

-----Original Message-----
From: Annie Weston
[[4]mailto:[FOI #6594 email]]
Sent: Tuesday, 9 January 2018 8:17 PM
To: Tony Avery
Subject: Re: FW: Official Information request - Non-enforcement of
disciplinary action [#3BDB4D]

 

Dear Tony Avery,

 

Please explain how Council can be satisfied that the Cutlers were truthful
on their resource consent application, that they did not breach their
resource consent conditions, that there is no breach to the District Plan
Rules when I have an INDEPENDENT SURVEYOR’S REPORT stating that they
brought 400 CUBIC METRES OF FILL onto their property when the limit was
100 cubic metres.

 

WHY WAS MY AFFECTED PERSON APPROVAL NOT REQUIRED for this breach of the
District Plan Rules.

 

Why did Enforcement state that they would give the Cutlers a consent
anyway so they didn’t need to apply for one.  HOW CAN COUNCIL DETERMINE
THE OUTCOME OF A RESOURCE CONSENT HEARING? 

 

If it is not nepotism then WHY DID COUNCIL DISREGARD MY RIGHTS AND ITS
OBLIGATIONS UNDER THE RMA IN FAVOUR OF LAW BREAKERS.

 

Why is the Cutler's breach and exemption from the law NOT AVAILABLE FOR
THE PUBIC TO VIEW ON E-DOCS?

 

Yours sincerely,

 

Annie Weston

 

-----Original Message-----

 

Dear Annie

 

 

 

Your email to Barbara has been passed onto me to respond to.  In terms of 
your questions:

 

 

 

1.       As I said in my email of 26 July 2016 to you (attached), I am 
satisfied that there was no conflict of interest issue here.  Attending 
the same faculty, at University, at the same time does not generate a 
conflict, nor does having your children at the same kindergarten.  Mr 
Devlin had no personal or private interest in this.  So there is no 
actual, potential conflict here.

 

2.       As was outlined in Mr Devlin’s email to you on 5 November 2014 
(attached), the Council was satisfied that there was no breach and 
therefore no action was required.

 

3.       I have asked the monitoring and enforcement team to look into 
your claim that there is an “un-consented unformed vehicle crossing on 
road reserve that is accessed over a public footpath”, which they will 
look to do in the New Year.

 

 

 

Regards

 

 

 

 

 

Tony Avery |  General [2][5]cid:image001.png@01D1DE85.90E7C4E0

Manager

 

Planning and Development

 

Queenstown Lakes District [3]Description:

Council [6]cid:image003.png@01CEA7D7.20704940

 

DD: +64 3 441 0461 | M:

+64 27 498 2473

 

[1][email address]

 

 

 

[4]QLDC_Christmas-Signature_Email_Dec17 (2)

 

 

 

 

 

 

 

 

 

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

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[8]https://fyi.org.nz/help/officers

 

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From: Annie Weston

Dear Tony Avery,

Had my neighbours followed due process then the following would have occurred:

They would not have lied on their resource consent application.
They would have provided accurate plans.
They would have revealed all the breaches to the District Plan Rules on the APA form.
Consequently I would not have signed and it would have gone to a resource consent hearing.

Instead they and their Planner conned me into signing an APA, breached their resource consent conditions and dumped four times the amount of allowed fill in my lake view.

Council arbitrarily decided this doesn’t adversely affect me.
Council could have reviewed the decision under Section 129 of the RMA when I revealed their deception.
Council could require that they follow due process like everyone else is expected to.
Council doesn’t allow people to breach their resource consents.
Council doesn’t view this as precedent setting.
Council is not allowing public access to this information.

If it is not nepotism, nor government policy to condone this behaviour, then why is Council using their power to favour and protect these people in particular, and to such an extent.

Yours sincerely,

Annie Weston

Link to this

From: Annie Weston

Dear Tony Avery,

I parked temporarily on the verge outside my house to unload heavy equipment. I was fined for damaging an ornamental grass plot, which I've mowed for Council for more than 17 years as part of my civic responsibility.

My neighbours have damaged their ornamental grass plot by using it as an unformed un-consented driveway and not received any disciplinary action. Nor have they received any disciplinary action for defrauding Council and me during their resource consent process. Nor have they received any disciplinary action for dumping four times the amount of fill allowed in my lake view.

Please can you tell me why Council is using it's power to favour and protect them.

Yours sincerely,

Annie Weston

Link to this

From: Tony Avery
Queenstown-Lakes District Council


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Dear Annie

 

I have passed your email onto the parking enforcement team to look into
and they will get back to you when they can.

 

Regards

 

Tony

 

 

 

Tony Avery |  General [2]cid:image001.png@01D1DE85.90E7C4E0
Manager

Planning and Development

Queenstown Lakes District [3]Description:
Council cid:image003.png@01CEA7D7.20704940

DD: +64 3 441 0461 | M:
+64 27 498 2473

[1][email address]

 

 

 

 

-----Original Message-----
From: Annie Weston [mailto:[FOI #6594 email]]
Sent: Saturday, 3 March 2018 5:59 PM
To: Tony Avery
Subject: RE: FW: Official Information request - Non-enforcement of
disciplinary action [#3BDB4D]

 

Dear Tony Avery,

 

I parked temporarily on the verge outside my house to unload heavy
equipment.  I was fined for damaging an ornamental grass plot, which I've
mowed for Council for more than 17 years as part of my civic
responsibility. 

 

My neighbours have damaged their ornamental grass plot by using it as an
unformed un-consented driveway and not received any disciplinary action. 
Nor have they received any disciplinary action for defrauding Council and
me during their resource consent process.  Nor have they received any
disciplinary action for dumping four times the amount of fill allowed in
my lake view.

 

Please can you tell me why Council is using it's power to favour and
protect them.

 

Yours sincerely,

 

Annie Weston

 

-----Original Message-----

 

Dear Ms Weston

 

 

 

Your concerns over your neighbour's property build have been fully 
investigated by the Council and have been responded to on numerous 
occasions.  I have looked into the situation again and as I understand
it,  in response to each of the points in your email:

 

·         It has always been acknowledged that an earthworks consent 
should have been obtained by the parties at the time of the work.

 

·         It has also been explained a number of times that the Council 
has a discretion over whether enforcement action should be taken.  In
this  case, while enforcement action was considered, it was decided that
no  action would be taken because the works were complete and that there
were  no adverse effects of the filling that would warrant taking action.

 

·         I understand that you think there should have been some kind of 
enforcement action taken.  The Council remains of the view that it was
not  warranted in this case.

 

·         Your affected party approval was provided for the overall 
build.  The earthworks did not result in the overall house size being 
different from that which you gave your approval for.  No further
affected  party approval was required.

 

·         There was no determination of the outcome of a resource consent 
by the enforcement team.  But given the earthworks did not change the 
overall house size, it is highly likely that a consent would have been 
granted because there were no adverse effects generated by the fill in 
itself.

 

·         Despite your repeated claims, and as explained in my previous 
response to you, there was no nepotism in how this was dealt with.

 

·         Decisions to not take enforcement action are generally not 
recorded in E-Docs.

 

 

 

Regards

 

 

 

 

 

 

 

Tony Avery |  General [2][4]cid:image001.png@01D1DE85.90E7C4E0

Manager

 

Planning and Development

 

Queenstown Lakes District [3]Description:

Council [5]cid:image003.png@01CEA7D7.20704940

 

DD: +64 3 441 0461 | M:

+64 27 498 2473

 

[1][email address]

 

 

 

 

 

 

 

 

 

 

 

 

 

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

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From: Annie Weston

Dear Tony Avery,

You maintain earlier in this thread that I gave my OVERALL approval for my neighbour's development when I signed the affected person approval form.

Yet the Planner lied on the resource consent, their plans were inaccrate and only one out of their seven breaches to the District Plan Rules at that time were listed on the APA form.

Why did Council not investigate under Section 129 of the RMA when I pointed out that these inaccuracies materially affected my decision ie: I wouldn’t have signed the APA form and therefore a hearing would have been required.

Council maintain they would have given them a resource consent anyway. How can Council determine the outcome of a resource consent hearing.

Why does Council not require accurate resource consent applications. Does this apply to everyone or just these people in particular.

Yours sincerely,

Annie Weston

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From: Anthony Hall
Queenstown-Lakes District Council


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Hi Annie,

 

Can you please advise your infringement number so I can review your
infringement.

 

Regards

 

Anthony Hall

 

 

Anthony Hall  |  Principal [2]cid:image002.png@01D1E1D9.728F45C0
Enforcement Officer  |
Finance and Regulatory

Queenstown Lakes District
Council [3]Description:
cid:image003.png@01CEA7D7.20704940
DD: +64 3 4500 312 | P: +64
3 441 0499 

E:
[1][email address]

 

 

 

 

From: Tony Avery
Sent: Thursday, 8 March 2018 5:20 PM
To: Annie Weston; Anthony Hall
Subject: RE: FW: Official Information request - Non-enforcement of
disciplinary action [#3BDB4D]

 

Dear Annie

 

I have passed your email onto the parking enforcement team to look into
and they will get back to you when they can.

 

Regards

 

Tony

 

 

 

Tony Avery |  General [5]cid:image001.png@01D1DE85.90E7C4E0
Manager

Planning and Development

Queenstown Lakes District [6]Description:
Council cid:image003.png@01CEA7D7.20704940

DD: +64 3 441 0461 | M:
+64 27 498 2473

[4][email address]

 

 

 

 

-----Original Message-----
From: Annie Weston
[[7]mailto:[FOI #6594 email]]
Sent: Saturday, 3 March 2018 5:59 PM
To: Tony Avery
Subject: RE: FW: Official Information request - Non-enforcement of
disciplinary action [#3BDB4D]

 

Dear Tony Avery,

 

I parked temporarily on the verge outside my house to unload heavy
equipment.  I was fined for damaging an ornamental grass plot, which I've
mowed for Council for more than 17 years as part of my civic
responsibility. 

 

My neighbours have damaged their ornamental grass plot by using it as an
unformed un-consented driveway and not received any disciplinary action. 
Nor have they received any disciplinary action for defrauding Council and
me during their resource consent process.  Nor have they received any
disciplinary action for dumping four times the amount of fill allowed in
my lake view.

 

Please can you tell me why Council is using it's power to favour and
protect them.

 

Yours sincerely,

 

Annie Weston

 

-----Original Message-----

 

Dear Ms Weston

 

 

 

Your concerns over your neighbour's property build have been fully 
investigated by the Council and have been responded to on numerous 
occasions.  I have looked into the situation again and as I understand
it,  in response to each of the points in your email:

 

·         It has always been acknowledged that an earthworks consent 
should have been obtained by the parties at the time of the work.

 

·         It has also been explained a number of times that the Council 
has a discretion over whether enforcement action should be taken.  In
this  case, while enforcement action was considered, it was decided that
no  action would be taken because the works were complete and that there
were  no adverse effects of the filling that would warrant taking action.

 

·         I understand that you think there should have been some kind of 
enforcement action taken.  The Council remains of the view that it was
not  warranted in this case.

 

·         Your affected party approval was provided for the overall 
build.  The earthworks did not result in the overall house size being 
different from that which you gave your approval for.  No further
affected  party approval was required.

 

·         There was no determination of the outcome of a resource consent 
by the enforcement team.  But given the earthworks did not change the 
overall house size, it is highly likely that a consent would have been 
granted because there were no adverse effects generated by the fill in 
itself.

 

·         Despite your repeated claims, and as explained in my previous 
response to you, there was no nepotism in how this was dealt with.

 

·         Decisions to not take enforcement action are generally not 
recorded in E-Docs.

 

 

 

Regards

 

 

 

 

 

 

 

Tony Avery |  General [2][8]cid:image001.png@01D1DE85.90E7C4E0

Manager

 

Planning and Development

 

Queenstown Lakes District [3]Description:

Council [9]cid:image003.png@01CEA7D7.20704940

 

DD: +64 3 441 0461 | M:

+64 27 498 2473

 

[1][email address]

 

 

 

 

 

 

 

 

 

 

 

 

 

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

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From: Annie Weston

Dear Anthony Hall & Tony Avery,

The infringement notice number is 714521 / Enforcement Authority #35CD3K. I was fined for damaging an ornamental grass plot which I've mowed FOC for the last 18 years as part of my civic responsibility. I've had numerous correspondence with your department regarding this and no resolution so far.

You have not replied to my last question --

By Council’s own admission I was not given all relevant information pertaining to the neighbour’s development.

In light of this how can Council maintain that I gave my approval for the overall build. Why did you not investigate further when I pointed out the inaccuracies in their APA form and resource consent application.

Yours sincerely,

Annie Weston

Link to this

From: Anthony Hall
Queenstown-Lakes District Council

Hi,

 

I am out of the office until 21 March 2018.

 

I will respond to my Emails on my return.

 

Regards

 

Anthony Hall

 

Link to this

From: Annie Weston

Dear Tony Avery,

You have not replied within the 21 working days allowed under LGOIMA so I gather you cannot account for the decision Blair Devlin made in favour of my neighbours.

Please could you tell me whether Blair Devlin knew my neighbour or associated with him in any way while they attended either high school or university.

Yours sincerely,

Annie Weston

Link to this

From: Tony Avery
Queenstown-Lakes District Council


Attachment image001.png
9K Download

Attachment image002.png
3K Download


Dear Annie

 

Apologies for the delay in responding to your email of 12 March to which
you refer to below.

 

As has been explained a number of times now, it was investigated at the
time and a decision was not taken then to not take any further action.  I
refer you again to my email response to you of 16 February.

 

My email to you of 22 December 2017 has already answered your last
question in your email of 15 April below.

 

Regards

 

Tony

 

 

 

Tony Avery |  General [2]cid:image001.png@01D1DE85.90E7C4E0
Manager

Planning and Development

Queenstown Lakes District [3]Description:
Council cid:image003.png@01CEA7D7.20704940

DD: +64 3 441 0461 | M:
+64 27 498 2473

[1][email address]

 

 

 

 

 

-----Original Message-----
From: Annie Weston [mailto:[FOI #6594 email]]
Sent: Sunday, 15 April 2018 2:05 PM
To: Tony Avery <[email address]>
Subject: RE: FW: Official Information request - Non-enforcement of
disciplinary action [#3BDB4D]

 

Dear Tony Avery,

 

You have not replied within the 21 working days allowed under LGOIMA so I
gather you cannot account for the decision Blair Devlin made in favour of
my neighbours.

 

Please could you tell me whether Blair Devlin knew my neighbour or
associated with him in any way while they attended either high school or
university.

 

Yours sincerely,

 

Annie Weston

 

-----Original Message-----

 

Dear Annie

 

 

 

I have passed your email onto the parking enforcement team to look into 
and they will get back to you when they can.

 

 

 

Regards

 

 

 

Tony

 

 

 

 

 

 

 

Tony Avery |  General [2][4]cid:image001.png@01D1DE85.90E7C4E0

Manager

 

Planning and Development

 

Queenstown Lakes District [3]Description:

Council [5]cid:image003.png@01CEA7D7.20704940

 

DD: +64 3 441 0461 | M:

+64 27 498 2473

 

[1][email address]

 

 

 

 

 

 

 

 

 

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

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Link to this

From: Annie Weston

Dear Tony Avery,

Please could you tell me whether Blair Devlin knew my neighbour or associated with him in any way while they attended either high school or university.

Yours sincerely,

Annie Weston

Link to this

From: Tony Avery
Queenstown-Lakes District Council


Attachment image001.png
9K Download

Attachment image002.png
3K Download


Dear Annie

 

As I have said in an email to you on 26 July 2016, and again in a further
email on 22 December 2017, they were at University at the same time but Mr
Devlin did not associate in any way with your neighbour.  He also had
children at the same kindergarten in Queenstown for a time but again did
not associate with your neighbour.

 

I have now answered the same set of questions from you over a period of
almost two years (and others before me), both in terms of your view that
there was a conflict in Mr Devlin dealing with this matter (there wasn't)
and in terms of the way the application and subsequent monitoring and
enforcement decisions, which has been fully explained to you. 

 

While you clearly do not agree with the decisions taken at that time, that
does not change the decisions.

 

 

Tony Avery

 

 

 

Tony Avery |  General [2]cid:image001.png@01D1DE85.90E7C4E0
Manager

Planning and Development

Queenstown Lakes District [3]Description:
Council cid:image003.png@01CEA7D7.20704940

DD: +64 3 441 0461 | M:
+64 27 498 2473

[1][email address]

 

 

 

 

 

 

 

 

-----Original Message-----
From: Annie Weston [mailto:[FOI #6594 email]]
Sent: Monday, 30 April 2018 7:57 AM
To: Tony Avery <[email address]>
Subject: RE: FW: Official Information request - Non-enforcement of
disciplinary action [#3BDB4D]

 

Dear Tony Avery,

 

Please could you tell me whether Blair Devlin knew my neighbour or
associated with him in any way while they attended either high school or
university.

 

Yours sincerely,

 

Annie Weston

 

-----Original Message-----

 

Dear Annie

 

 

 

Apologies for the delay in responding to your email of 12 March to which 
you refer to below.

 

 

 

As has been explained a number of times now, it was investigated at the 
time and a decision was not taken then to not take any further action.  I 
refer you again to my email response to you of 16 February.

 

 

 

My email to you of 22 December 2017 has already answered your last 
question in your email of 15 April below.

 

 

 

Regards

 

 

 

Tony

 

 

 

 

 

 

 

Tony Avery |  General [2][4]cid:image001.png@01D1DE85.90E7C4E0

Manager

 

Planning and Development

 

Queenstown Lakes District [3]Description:

Council [5]cid:image003.png@01CEA7D7.20704940

 

DD: +64 3 441 0461 | M:

+64 27 498 2473

 

[1][email address]

 

 

 

 

 

 

 

 

 

 

 

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

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[6][FOI #6594 email]

 

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[7]https://fyi.org.nz/help/officers

 

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

 

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Link to this

From: Annie Weston

Dear Tony Avery,

I have a right under the OIA to access the information that you're withholding from me. If you answered my questions without obfuscation then I wouldn’t need to continue to ask them.

I know that the planner who lied on the resource consent, the resource consenting manager and my neighbour attended the same faculty at the same university at the same time. I’m not asking for that information.

I know they colluded to deceive me and negate my affected person rights. I know Council allowed this old boy’s cronyism. I know that you interviewed Blair Devlin about his conflict of interest and that that information is classified as official information. I know that his conflict of interest is not recorded in the register.

What I am asking you requires a simple direct answer that Blair Devlin would have confirmed when you interviewed him.

Did Blair Devlin know my neighbour or associate with him in any way while they attended either high school or university.

Yours sincerely,

Annie Weston

Link to this

From: Tony Avery
Queenstown-Lakes District Council

Dear Annie

I have already responded to you a number of times on the question you have asked about did Mr Devlin associate with your neighbour at University. He did not.

However I have asked Mr Devlin again and he says he does not even know which University or School your neighbour went to. So clearly he could not have associated with him at either institution.

Yours sincerely

Tony Avery

-----Original Message-----
From: Annie Weston [mailto:[FOI #6594 email]]
Sent: Saturday, 12 May 2018 10:37 AM
To: Tony Avery <[email address]>
Subject: RE: FW: Official Information request - Non-enforcement of disciplinary action [#3BDB4D]

Dear Tony Avery,

I have a right under the OIA to access the information that you're withholding from me. If you answered my questions without obfuscation then I wouldn’t need to continue to ask them.

I know that the planner who lied on the resource consent, the resource consenting manager and my neighbour attended the same faculty at the same university at the same time. I’m not asking for that information.

I know they colluded to deceive me and negate my affected person rights. I know Council allowed this old boy’s cronyism. I know that you interviewed Blair Devlin about his conflict of interest and that that information is classified as official information. I know that his conflict of interest is not recorded in the register.

What I am asking you requires a simple direct answer that Blair Devlin would have confirmed when you interviewed him.

Did Blair Devlin know my neighbour or associate with him in any way while they attended either high school or university.

Yours sincerely,

Annie Weston

-----Original Message-----

Dear Annie

 

As I have said in an email to you on 26 July 2016, and again in a further email on 22 December 2017, they were at University at the same time but Mr Devlin did not associate in any way with your neighbour.  He also had children at the same kindergarten in Queenstown for a time but again did not associate with your neighbour.

 

I have now answered the same set of questions from you over a period of almost two years (and others before me), both in terms of your view that there was a conflict in Mr Devlin dealing with this matter (there wasn't) and in terms of the way the application and subsequent monitoring and enforcement decisions, which has been fully explained to you. 

 

While you clearly do not agree with the decisions taken at that time, that does not change the decisions.

 

 

Tony Avery

 

 

 

Tony Avery |  General [2]cid:image001.png@01D1DE85.90E7C4E0
Manager

Planning and Development

Queenstown Lakes District [3]Description:
Council cid:image003.png@01CEA7D7.20704940

DD: +64 3 441 0461 | M:
+64 27 498 2473

[1][email address]

 

 

 

 

 

 

 

 

-------------------------------------------------------------------
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[FOI #6594 email]

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

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Link to this

From: Annie Weston

Dear Tony Avery,

Could you tell me please - did Blair Devlin attend my neighbour's wedding?

Yours sincerely,

Annie Weston

Link to this

From: Tony Avery
Queenstown-Lakes District Council

Dear Annie

As has been responded to you 3 or 4 times already, Mr Devlin did not know your neighbour. It therefore follows that he would not have been at your neighbours wedding. Mr Devlin has confirmed that.

I do not intend to respond to any more questions from you asking whether Mr Devlin knew or associated with your neighbour, as it has now been answered numerous times.

Yours sincerely

Tony Avery

-----Original Message-----
From: Annie Weston [mailto:[FOI #6594 email]]
Sent: Tuesday, 5 June 2018 7:25 PM
To: Tony Avery <[email address]>
Subject: RE: FW: Official Information request - Non-enforcement of disciplinary action [#3BDB4D]

Dear Tony Avery,

Could you tell me please - did Blair Devlin attend my neighbour's wedding?

Yours sincerely,

Annie Weston

-----Original Message-----

Dear Annie

I have already responded to you a number of times on the question you have asked about did Mr Devlin associate with your neighbour at University. He did not.

However I have asked Mr Devlin again and he says he does not even know which University or School your neighbour went to. So clearly he could not have associated with him at either institution.

Yours sincerely

Tony Avery

-------------------------------------------------------------------
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From: Annie Weston

Dear Tony Avery,

After I accused Blair Devlin of nepotism in an official complaint to Council all connections on social media between him, my neighbour and the planner were hidden or disabled.

Why would a Council employee divulge information contained in a confidential complaint if he wasn’t concerned about public knowledge of his personal associations.

There is 800m3 of fill under the buildings alone on my neighbour’s section. Council have a fill certification report showing testing on the engineered fill was done to 1.6m. The CFMA planner who submitted the resource consent application stipulated earthworks were not applicable.

Can you tell me please does Blair Devlin have a personal association with the planner who submitted the fraudulent application.

Yours sincerely,

Annie Weston

Link to this

From: Annie Weston

Dear Tony Avery,

It's been more than 20 working days since I asked whether Blair Devlin has a personal association with the CFMA Planner who submitted the fraudulent application in order to gain a resource consent.

This is a direct question pertaining to information you received directly from Blair Devlin in July 2016.

When can I expect an answer please.

Yours sincerely,

Annie Weston

Link to this

From: Tony Avery
Queenstown-Lakes District Council


Hi

Thank you for your email.

 

I am currently on leave returning to the office on Monday 30^th July.
Whilst I’m away I won’t be monitoring my inbox; if any issues need to be
addressed they can be directed to the Acting General Manager Planning &
Development David Wallace [1][email address] or for urgent
issues please contact Customer Services on [2][Queenstown-Lakes District Council request email] or 03
441 0499.  

 

Regards

 

Tony

 

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From: Bex Nash
Queenstown-Lakes District Council


Attachment image001.png
3K Download


Good afternoon Annie,

 

Thank you for your emails sent to Tony Avery, as you may have gathered
from his out of office reply he has been on leave for the duration of
July.

 

I’ve forwarded your below request through to our team that processes
LGOIMA requests and someone will be in touch will you in due course.

 

Kind regards

 

Bex

 

Dear Tony Avery,

 

After I accused Blair Devlin of nepotism in an official complaint to
Council all connections on social media between him, my neighbour and the
planner were hidden or disabled.

 

Why would a Council employee divulge information contained in a
confidential complaint if he wasn’t concerned about public knowledge of
his personal associations.

 

There is 800m3 of fill under the buildings alone on my neighbour’s
section. Council have a fill certification report showing testing on the
engineered fill was done to 1.6m. The CFMA planner who submitted the
resource consent application stipulated earthworks were not applicable.

 

Can you tell me please does Blair Devlin have a personal association with
the planner who submitted the fraudulent application.

 

Yours sincerely,

 

Annie Weston

 

 

Bex Nash-Jones  |  EA to Planning
& Development GM / Planning
Support  |  Planning & Development

Queenstown Lakes District Council
[2]cid:image001.png@01D29651.78F81F90
DD: +64 3 441 0491 | P: +64 3 441
0499 

E:
[1][email address]

 

-----Original Message-----

From: Annie Weston
[[3]mailto:[FOI #6594 email]]

Sent: Monday, 16 July 2018 12:48 PM

To: Tony Avery <[4][email address]>

Subject: RE: FW: Official Information request - Non-enforcement of
disciplinary action [#3BDB4D]

 

Dear Tony Avery,

 

It's been more than 20 working days since I asked whether Blair Devlin has
a personal association with the CFMA Planner who submitted the fraudulent
application in order to gain a resource consent.

 

This is a direct question pertaining to information you received directly
from Blair Devlin in July 2016.

 

When can I expect an answer please.

 

Yours sincerely,

 

Annie Weston

 

-----Original Message-----

 

Dear Annie

 

I have already responded to you a number of times on the question you have
asked about did Mr Devlin associate with your neighbour at University. He
did not.

 

However I have asked Mr Devlin again and he says he does not even know
which University or School your neighbour went to. So clearly he could not
have associated with him at either institution.

 

Yours sincerely

 

 

Tony Avery

 

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

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[5][FOI #6594 email]

 

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[6]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.

 

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

 

 

Bex Nash-Jones  |  EA to Planning
& Development GM / Planning
Support  |  Planning & Development

Queenstown Lakes District Council
[8]cid:image001.png@01D29651.78F81F90
DD: +64 3 441 0491 | P: +64 3 441
0499 

E:
[7][email address]

 

 

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