Incomplete information on earthworks
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 Tony Avery,
On your eDocs site there is a Fill Certification Report for 9 Boyes Crescent confirming the engineered fill was constructed in accordance with NZ Standards down to a level of 1.6m.
I would like to know please the details of the earthworks on that site – the volume, the area, the height of any cuts and fill, and the proximity to boundaries.
This information is required by Council, as you know, before a consent is given.
Yours faithfully,
Annie Weston
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 the next
business day.
Kind Regards,
The QLDC Customer Services Team
From: Seija Anderson
Queenstown-Lakes District Council
Good morning Annie,
Thank you for your email. I have forwarded your request onto our Official
Records department who will respond with this information for you.
Have a lovely day, take care.
Ngā mihi,
Seija
Seija Anderson | Customer Service
Advisor
Queenstown Lakes District Council
[2]cid:image002.png@01CF5256.37A04870
DD: +64 3 450 0361 | P: +64 3 441
0499
E: [1][email address]
P Please consider the environment before printing this e-mail
show quoted sections
From: Jesse Taylor
Queenstown-Lakes District Council
Dear Annie
Thank you for your request for official information. QLDC is currently
considering your request and will communicate a decision to you by 9 July
2018 unless otherwise advised.
QLDC is committed to the principle of availability and is pleased to be
assisting you with your request.
Best wishes
Jesse
Jesse Taylor | Governance
Advisor
Queenstown Lakes District
Council
[2]cid:image001.png@01D12B90.38B31340
DD: +64 3 450 1771 | P:
+64 3 441 0499
E:
[1][email address]
From: QLDC Services [mailto:[email address]]
Sent: Tuesday, 12 June 2018 8:22 AM
To: Seija Anderson <[email address]>
Subject: FW: Official Information request - Incomplete information on
earthworks [#45E12N]
show quoted sections
From: Jesse Taylor
Queenstown-Lakes District Council
image001.png
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2018 06 25 WESTON LGOIMA response 9 Boyes Cres earthworks.pdf
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Dear Annie
Please find our response to your request for information attached.
Kind regards
Jesse
Jesse Taylor | Governance
Advisor
Queenstown Lakes District
Council
[2]cid:image001.png@01D12B90.38B31340
DD: +64 3 450 1771 | P:
+64 3 441 0499
E:
[1][email address]
show quoted sections
From: Annie Weston
25 June 2018
Annie Weston
Sent via email to [email address]
Dear Annie
REQUEST FOR OFFICIAL INFORMATION
Thank you for your request for official information dated 11 May 2018, regarding earthworks
undertaken at 9 Boyes Crescent. In particular you have requested the following information:
• “I would like to know please the details of the earthworks on that site – the volume,
the area, the height of any cuts and fill, and the proximity to boundaries. This
information is required by Council, as you know, before a consent is given.”
As previously advised by QLDC, an earthworks consent was not sought or granted for the
house at 9 Boyes Crescent; accordingly we do not believe we hold the information you
have requested.
QLDC decided it was not expedient to pursue enforcement action for the unconsented
earthworks as the work had been completed and was not creating adverse effects on the
environment. The uncertified fill was removed and replaced with certified fill. A surveyor’s
certificate shows the house was built exactly where it was consented, meaning the ground
levels have not changed.
We trust this response satisfactorily answers your request.
Kind regards
Jesse Taylor
Governance Advisor
---
Dear Jesse Taylor,
The concrete had not even been poured when I first complained about my neighbour's fraud so your information is incorrect - the earthworks were not completed when you allowed them to breach their consent and not require an earthworks consent.
I have a surveyor's report showing 833m3 of fill was placed under the buildings alone. This does not account for the landscaping fill brought in to raise the rest of the section by up to 2m from original ground level. Clearly the ground levels have changed - again your information is incorrect.
But as you don't require a consent there is no official acknowledgement of their fraud. And as you have not made your favouritism public it can't be used as a precedent.
The rule at the time required an earthworks consent for more than 100m3 of cut and fill. The current rule is 300m3.
What is the ACTUAL limit QLDC will allow before requiring or enforcing a consent please?
Yours sincerely,
Annie Weston
From: Information Request
Queenstown-Lakes District Council
Dear Annie
Thank you for your further request for information. QLDC is currently considering your request and will communicate a decision to you by 25 July 2018 unless otherwise advised.
Kind regards
Jesse
Jesse Taylor | Governance Advisor
Queenstown Lakes District Council
DD: +64 3 450 1771 | P: +64 3 441 0499
E: [email address]
show quoted sections
From: Shelley Dawson
Queenstown-Lakes District Council
Dear Annie
Please find attached our response to your request for information.
Kind regards
Shelley Dawson
+---------------------------------------+
|Shelley Dawson | Senior | |
|Advisor, Governance | Chief | |
|Executive’s Office | |
| | |
|Queenstown Lakes District | |
|Council | |
| | |
|DD: +64 3 441 0480 | P: +64 3 |[2][IMG]|
|441 0499 | |
| | |
|E: | |
|[1][email address]| |
| | |
|Please note that I work from | |
|9am – 3pm | |
+---------------------------------------+
References
Visible links
1. mailto:[email address]
2. http://www.qldc.govt.nz/
From: Annie Weston
Dear Shelley Dawson,
I'm unable to open your attachment.
Could you please reply transparently using FYI's public forum.
Yours sincerely,
Annie Weston
From: Shelley Dawson
Queenstown-Lakes District Council
Hello Annie
Please see below a copy of the letter sent to you via email this morning.
24 July 2018
Annie Weston
Sent via email to [FYI request #8022 email]
Dear Annie
REQUEST FOR OFFICIAL INFORMATION – RELEASE OF INFORMATION
Thank you for your request for official information dated 26 June 2018. You requested the following information:
• “The rule at the time required an earthworks consent for more than 100m3 of cut and fill. The current rule is 300m3. What is the ACTUAL limit QLDC will allow before requiring or enforcing a consent please?”
Enforcement is undertaken in accordance with the QLDC Enforcement Strategy and Prosecution Policy 2014 on a case by case basis.
https://www.qldc.govt.nz/assets/Uploads/...
Please be advised that we consider your correspondence to us in regards to this matter, more specifically the conduct of your neighbour and the Council allowing a consent holder to breach their consent, to be potentially defamatory. We neither accept nor condone these statements but caution you to refrain from such references in any future correspondence with Council.
We trust this response satisfactorily answers your request.
Kind regards
Shelley Dawson
Senior Governance Advisor
show quoted sections
From: Annie Weston
Dear Shelley Dawson,
I have read your enforcement policy thank you.
In particular I note that:
- You endeavour to achieve high levels of compliance.
- Your goal is to increase the level of voluntary compliance with the law through an effective and appropriate enforcement activity.
- You would like our community to be confident that Council will enforce laws in a timely, effective and fair manner.
- You have a responsibility to the community to ensure that where non-compliance does occur the appropriate enforcement action is undertaken.
Resource Management (Planning) is a Key Result Area (Priority Activity) where the objective is to provide a high quality natural and built environment across the district by undertaking monitoring of resource consent applications with such regularity that compliance with the conditions is the default behaviour.
Council’s condonation of a fraudulent application and allowing conditions of a resource consent to be breached without consequence is the polar opposite of this objective.
My neighbours and their planner did not want to comply with the RMA or District Plan Rules and submitted a fraudulent resource consent application. This is unacceptable for a company like CFM who is supposedly “conversant with legislation relating to resource management and general property issues”.
The maximum enforcement tool to ensure compliance for resource consents and the district plan is prosecution.
Public confidence in the Council’s administration of its enforcement duties relies on decisions to prosecute (or not to prosecute) being made in a transparent, consistent and fair manner.
The SGPG has a test to assist your enforcement team in exercising their discretion on whether to prosecute. The evidential test is met and I maintain that the public interest test is met as well – I doubt the public will condone developers submitting fraudulent resource consent applications for the purpose of obtaining affected person approvals. This non-compliance is intentional and calculated.
May I please see the "no prosecution" decision pertaining to RM130501 that you are required to record in writing.
Yours sincerely,
Annie Weston
From: Shelley Dawson
Queenstown-Lakes District Council
Dear Annie,
The information you are requesting does not exist. Therefore your request is refused under section 17(e) of the Local Government Official Information and Meetings Act.
Regards,
Shelley
Shelley Dawson | Senior Advisor, Governance | Chief Executive’s Office
Queenstown Lakes District Council
DD: +64 3 441 0480 | P: +64 3 441 0499
E: [email address]
Please note that I work from 9am – 3pm
show quoted sections
From: Annie Weston
Dear Shelley Dawson,
May I please see whatever information Council has pertaining to its decision not to enforce any disciplinary action on the applicants of RM130501.
Yours sincerely,
Annie Weston
From: Shelley Dawson
Queenstown-Lakes District Council
Dear Annie
As previously advised the information you are requesting does not exist. Therefore your request is refused under section 17(e) of the Local Government Official Information and Meetings Act.
If you are unhappy with the monitoring process please lodge a complaint using the form on our website https://www.qldc.govt.nz/council-online/...
Regards
Shelley Dawson
Shelley Dawson | Senior Advisor, Governance | Chief Executive’s Office
Queenstown Lakes District Council
DD: +64 3 441 0480 | P: +64 3 441 0499
E: [email address]
Please note that I work from 9am – 3pm
show quoted sections
From: Shelley Dawson
Queenstown-Lakes District Council
31 July 2018
Annie Weston
Sent via email to [1][FOI #8022 email]
Dear Annie
REQUEST FOR OFFICIAL INFORMATION
Thank you for your request for official information dated 3 July 2018. You
requested the following information:
• “My neighbours at 9 Boyes Crescent are currently pouring concrete over
the verge outside their house to create a second double vehicle crossing.
Please can I see the consent for this additional double driveway. It is
not on eDocs”
There is no consent held on file for a second driveway at 9 Boyes Crescent
therefore we do not currently hold any information to supply you with.
We trust this response satisfactorily answers your request.
Kind regards
Shelley Dawson
Senior Governance Advisor
+---------------------------------------+
|Shelley Dawson | Senior | |
|Advisor, Governance | Chief | |
|Executive’s Office | |
| | |
|Queenstown Lakes District | |
|Council | |
| | |
|DD: +64 3 441 0480 | P: +64 3 |[3][IMG]|
|441 0499 | |
| | |
|E: | |
|[2][email address]| |
| | |
|Please note that I work from | |
|9am – 3pm | |
+---------------------------------------+
show quoted sections
From: Shelley Dawson
Queenstown-Lakes District Council
Dear Annie
Thank you for your request for official information. QLDC is currently
considering your request and will communicate a decision to you by 24
August 2018 unless otherwise advised.
Kind regards
Shelley
+---------------------------------------+
|Shelley Dawson | Senior | |
|Advisor, Governance | Chief | |
|Executive’s Office | |
| | |
|Queenstown Lakes District | |
|Council | |
| | |
|DD: +64 3 441 0480 | P: +64 3 |[2][IMG]|
|441 0499 | |
| | |
|E: | |
|[1][email address]| |
| | |
|Please note that I work from | |
|9am – 3pm | |
+---------------------------------------+
From: Bex Nash
Sent: Friday, 27 July 2018 12:38 PM
To: Information Request <[email address]>
Subject: FW: FW: Official Information request - Non-enforcement of
disciplinary action [#3BDB4D]
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
References
Visible links
1. mailto:[email address]
2. http://www.qldc.govt.nz/
From: Annie Weston
Dear Shelley Dawson,
I asked Tony Avery that direct question on June 15th 2018 pertaining to information he received directly from Blair Devlin in July 2016.
Why does Council need more than two months to 'consider my request' and 'communicate a decision' when a yes or no answer will suffice.
Yours sincerely,
Annie Weston
From: Information Request
Queenstown-Lakes District Council
Dear Annie
REQUEST FOR OFFICIAL INFORMATION
Thank you for your request for official information received 27 July 2018.
You requested the following information:
• “Can you tell me please does Blair Devlin have a personal
association with the planner who submitted the fraudulent application?”
Council does not hold information about Blair Devlin’s personal
relationship to your neighbour’s planner. We are unable to release
information that we do not hold.
Please be advised that we consider your correspondence to us in regards to
this matter, more specifically the conduct of your neighbour and the
Council allowing a consent holder to breach their consent, to be
potentially defamatory. We neither accept nor condone these statements but
caution you to refrain from such references in any future correspondence
with Council.
We trust this response satisfactorily answers your request
Kind regards
Shelley Dawson
Shelley Dawson | Senior
Advisor, Governance | Chief
Executive’s Office
Queenstown Lakes District
Council
DD: +64 3 441 0480 | P: +64 3 [2][IMG]
441 0499
E:
[1][email address]
Please note that I work from
9am – 3pm
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
References
Visible links
1. mailto:[email address]
2. http://www.qldc.govt.nz/
From: Annie Weston
Dear Shelley Dawson,
Tony Avery discussed my accusation of Blair Devlin's conflict of interest with him in July 2016. According to Gabrielle Marsh's reply in August 2016 this constitutes official information.
Regardless of the fact that there is no information recorded or kept by Council pertaining to my neighbours breach of consent, official information includes information which is known to an agency but which has not yet been recorded in writing or otherwise.
If Tony Avery neglected to ask Blair Devlin about his relationship with the planner, who applied for the consent on behalf of my neighbours, then please could he do so. Could you then reply to my question that I asked on June 15th, two months ago --
"Can you tell me please does Blair Devlin have a personal association with the planner who submitted the fraudulent application."
Yours sincerely,
Annie Weston
From: Shelley Dawson
Queenstown-Lakes District Council
I am away on leave, back in the office Monday 20 August
If you have any urgent governance enquiries please contact my colleague
[email address]
If you have a LGOIMA request please send it to
[email address]
Kind regards
Shelley Dawson
From: Annie Weston
Dear Queenstown-Lakes District Council,
I've had an out of office reply from Shelley Dawson - please see below request.
---
August 13, 2018
Dear Shelley Dawson,
Tony Avery discussed my accusation of Blair Devlin's conflict of interest with him in July 2016. According to Gabrielle Marsh's reply in August 2016 this constitutes official information.
Regardless of the fact that there is no information recorded or kept by Council pertaining to my neighbours breach of consent, official information includes information which is known to an agency but which has not yet been recorded in writing or otherwise.
If Tony Avery neglected to ask Blair Devlin about his relationship with the planner, who applied for the consent on behalf of my neighbours, then please could he do so. Could you then reply to my question that I asked on June 15th, two months ago --
"Can you tell me please does Blair Devlin have a personal association with the planner who submitted the fraudulent application."
Yours sincerely,
Annie Weston
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 the next
business day.
Kind Regards,
The QLDC Customer Services Team
From: Jamie Lamb
Queenstown-Lakes District Council
Good Morning Anne,
Your email has been sent to our LGOIMA department who will advise in due
course.
If there is anything else I can help with please don’t hesitate to contact
me,
Kind regards,
Jamie
Jamie Lamb | Customer
Service Advisor
Queenstown Lakes
District Council
[1]cid:image002.png@01CF5256.37A04870
DD: +64 3 441 3653 | P:
+64 3 441 0499
Email
:[email address]
show quoted sections
From: Shelley Dawson
Queenstown-Lakes District Council
Dear Annie
Thank you for your request for official information received on 20 August
2018. QLDC is currently considering your request and will communicate a
decision to you by 17 September 2018 unless otherwise stated.
Kind regards
Shelley Dawson
+---------------------------------------+
|Shelley Dawson | Senior | |
|Advisor, Governance | Chief | |
|Executive’s Office | |
| | |
|Queenstown Lakes District | |
|Council | |
| | |
|DD: +64 3 441 0480 | P: +64 3 |[2][IMG]|
|441 0499 | |
| | |
|E: | |
|[1][email address]| |
| | |
|Please note that I work from | |
|9am – 3pm | |
+---------------------------------------+
Dear Shelley Dawson,
Tony Avery discussed my accusation of Blair Devlin's conflict of interest
with him in July 2016. According to Gabrielle Marsh's reply in August
2016 this constitutes official information.
Regardless of the fact that there is no information recorded or kept by
Council pertaining to my neighbours breach of consent, official
information includes information which is known to an agency but which has
not yet been recorded in writing or otherwise.
If Tony Avery neglected to ask Blair Devlin about his relationship with
the planner, who applied for the consent on behalf of my neighbours, then
please could he do so. Could you then reply to my question that I asked
on June 15th, two months ago --
"Can you tell me please does Blair Devlin have a personal association with
the planner who submitted the fraudulent application."
Yours sincerely,
Annie Weston
References
Visible links
1. mailto:[email address]
2. http://www.qldc.govt.nz/
From: Shelley Dawson
Queenstown-Lakes District Council
Dear Annie
REQUESTS FOR INFORMATION
Thank you for your requests for official information dated 25 July and 5
August 2018.
On 25 July 2018 you requested the following information:
“Council told me it does not exempt developers from the conditions of
their consent - yet by not enforcing compliance of my neighbour's consent
that is precisely what you’ve done.
Section 80 of the LGA states that:
(1) If a decision of a local authority is significantly inconsistent with,
or is anticipated to have consequences that will be significantly
inconsistent with, any policy adopted by the local authority or any plan
required by this Act or any other enactment, the local authority must,
when making the decision, clearly identify—
(a) the inconsistency; and
(b) the reasons for the inconsistency; and
(c) any intention of the local authority to amend the policy or plan to
accommodate the decision.
It is not consistent with the District Plan Rules or the RMA that Council
allows a fraudulent resource consent application and earthworks in excess
of 833m3 on a residential section without consent or affected person
approval. Please may I view the above information on this inconsistency as
it pertains to RM130501.”
In response to the above request we advise that the information that the
Council holds relating to its monitoring of RM130501 can be found on edocs
here [1]https://edocs.qldc.govt.nz/
On 5 August 2018 you requested the following information:
“Could you tell me please who at Council is responsible for the following
decisions:
1) Allowing RM130501 to proceed without the appropriate consent or
affected person approval.
2) Not disciplining the applicants for submitting a fraudulent resource
consent application and plans.
3) Determining there is no conflict of interest between the then Resource
Consenting Manager and the applicants.
4) Not keeping, recording, or uploading to eDocs any information
pertaining to the fraud”.
The names of the decision makers for consent RM130501 are noted on the
consent document which can be found on edocs here
[2]https://edocs.qldc.govt.nz/
Please be advised that the remainder of your requests contain statements
that we do not accept. Please be advised that we consider your
correspondence to us in regards to this matter, more specifically the
conduct of your neighbour and the Council allowing a consent holder to
breach their consent, to be potentially defamatory. We neither accept nor
condone these statements but caution you to refrain from such references
in any future correspondence with Council.
Kind regards
Shelley Dawson
+---------------------------------------+
|Shelley Dawson | Senior | |
|Advisor, Governance | Chief | |
|Executive’s Office | |
| | |
|Queenstown Lakes District | |
|Council | |
| | |
|DD: +64 3 441 0480 | P: +64 3 |[4][IMG]|
|441 0499 | |
| | |
|E: | |
|[3][email address]| |
| | |
|Please note that I work from | |
|9am – 3pm | |
+---------------------------------------+
References
Visible links
1. https://edocs.qldc.govt.nz/
2. https://edocs.qldc.govt.nz/
3. mailto:[email address]
4. http://www.qldc.govt.nz/
From: Shelley Dawson
Queenstown-Lakes District Council
image002.png
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Copy of Request for Information Response 13 Aug 2018.pdf
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Dear Annie
REQUEST FOR INFORMATION
Thank you for your requests for official information.
On 20 August 2018 you requested the following information:
· Could you tell me please does Blair Devlin have a personal
association with the planner who submitted the fraudulent application for
RM130501.
On a request received on 21 August 2018 you requested the following
information:
· If Tony Avery neglected to ask Blair Devlin about his
relationship with the planner who applied for the consent on behalf of my
neighbours, then please could he do so. Can you tell me please does Blair
Devlin have a personal association with the planner who submitted the
fraudulent application.
We responded to the same query on 13 August 2018. Please find our response
attached. We confirm that the Council does not hold personal information
about Blair Devlin’s relationship to your neighbour’s planner. We are
unable to release information that we do not hold. Further we have no
obligation to create information.
Please be advised that your request contains statements that we do not
accept. Please be advised that we consider your correspondence to us in
regards to this matter, more specifically the conduct of your neighbour’s
planer and the Council accepting a fraudulent consent application, to be
potentially defamatory. We neither accept nor condone these statements but
caution you to refrain from such references in any future correspondence
with Council.
Regards
Shelley Dawson
+---------------------------------------+
|Shelley Dawson | Senior | |
|Advisor, Governance | Chief | |
|Executive’s Office | |
| | |
|Queenstown Lakes District | |
|Council | |
| | |
|DD: +64 3 441 0480 | P: +64 3 |[2][IMG]|
|441 0499 | |
| | |
|E: | |
|[1][email address]| |
| | |
|Please note that I work from | |
|9am – 3pm | |
+---------------------------------------+
References
Visible links
1. mailto:[email address]
2. http://www.qldc.govt.nz/
From: Shelley Dawson
Queenstown-Lakes District Council
image003.png
3K
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LGOIMA Response Letter A WESTON Internal rules affecting decisions and Overdue Asnwers.docx
155K
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View as HTML
Dear Annie
Please find attached our response to your two requests.
Kind regards
Shelley Dawson
+---------------------------------------+
|Shelley Dawson | Senior | |
|Advisor, Governance | Chief | |
|Executive’s Office | |
| | |
|Queenstown Lakes District | |
|Council | |
| | |
|DD: +64 3 441 0480 | P: +64 3 |[2][IMG]|
|441 0499 | |
| | |
|E: | |
|[1][email address]| |
| | |
|Please note that I work from | |
|9am – 3pm | |
+---------------------------------------+
References
Visible links
1. mailto:[email address]
2. http://www.qldc.govt.nz/
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