Has FNDC Reserves Bylaw been revoked?
Leo Exel made this Official Information request to Far North District Council
The request was partially successful.
From: Leo Exel
Dear Far North District Council,
My understanding is that under the Local Government Act 2002, a new bylaw must begin to be reviewed within five years. There is then a two year 'window' when a Council can spend time consulting with the community, before a revised bylaw is enacted.
If this does not occur, under the LGA, a bylaw is considered to be 'revoked'. That is, it no longer applies, if the time frame is not met.
The FNDC Reserves Bylaw came into effect on 24.12.2010, replacing a 1990 bylaw. That means it was a new bylaw, and a review should have been completed, at latest, by 24.12.2017.
Has the FNDC Reserves Bylaw been revoked, as per the LGA? If not, please provide Council's rationale as to why you consider this bylaw to be operative, despite the above information.
Yours faithfully,
Leonie Exel
From: Ask Us Team
Far North District Council
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Far North District Council | Te Kaunihera o Tai Tokerau Ki Te Raki
Ph. 09 401 5200 | Fax. 09 401 2137 | Email. [Far North District Council request email]
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From: Ask Us Team
Far North District Council
Tena koe Leonie
Thank you for your request received 14 December 2018.
Pursuant to the Local Government Official Information and Meetings Act
1987, you will receive a reply within twenty working days of Council
receiving your request.
Please quote your customer reference (RFS 3927502) in any future
correspondence concerning this matter.
We thank you for taking the time to contact us. Please do not hesitate to
visit our website for more information [1]www.fndc.govt.nz, call our
friendly customer service staff on 0800 920 029 or 09 4015 200 or email
[2][Far North District Council request email].
Nga mihi
Jane
Ask Us Team
District Services
Far North District Council
09 401 5200 or 24-hour Contact Centre 0800 920 029 |
[3][Far North District Council request email]
-----Original Message-----
From: Leo Exel [[4]mailto:[FOI #9262 email]]
Sent: Friday, 14 December 2018 1:01:00 p.m.
To: Ask Us Team
Subject: Official Information request - Has FNDC Reserves Bylaw been
revoked?
Dear Far North District Council,
My understanding is that under the Local Government Act 2002, a new bylaw
must begin to be reviewed within five years. There is then a two year
'window' when a Council can spend time consulting with the community,
before a revised bylaw is enacted.
If this does not occur, under the LGA, a bylaw is considered to be
'revoked'. That is, it no longer applies, if the time frame is not met.
The FNDC Reserves Bylaw came into effect on 24.12.2010, replacing a 1990
bylaw. That means it was a new bylaw, and a review should have been
completed, at latest, by 24.12.2017.
Has the FNDC Reserves Bylaw been revoked, as per the LGA? If not, please
provide Council's rationale as to why you consider this bylaw to be
operative, despite the above information.
Yours faithfully,
Leonie Exel
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Far North District Council | Te Kaunihera o Tai Tokerau Ki Te Raki
Ph. 09 401 5200 | Fax. 09 401 2137 | Email. [Far North District Council request email]
Address. Memorial Avenue, Private Bag 752, Kaikohe 0440, New Zealand
Please consider the environment before printing this email.
References
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1. http://www.fndc.govt.nz/
2. mailto:[Far North District Council request email]
3. mailto:[Far North District Council request email]
4. mailto:[FOI #9262 email]
5. https://fyi.org.nz/change_request/new?bo...
6. https://fyi.org.nz/help/officers
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From: Carla Ditchfield-Hunia
Far North District Council
To Leonie Exel
By email only to: [1][FOI #9262 email]
Dear Ms Exel
Official Information Requests 3927502
Thank you for your information request received on 14 December 2018, which
has been referred to Legal Services for consideration under the provisions
of the Local Government Official Information and Meetings Act 1987 (“the
LGOIMA”).
Pursuant to s 13(1) of the LGOIMA we must respond to your request “…as
soon as reasonably practicable, and in no case later than 20 working days
after the day on which the request is received…”.
Pursuant to section 2 of the LGOIMA ‘working day’ means any day of the
week other than — … a day in the period commencing with 25 December in
any year and ending with 15 January in the following year.
Therefore a response to your request will be provided to you by 4 February
2018.
Thank you for your enquiry.
Yours faithfully
[2]FNDC Legal Services Officer
logo Corporate Services, Far North District Council
24-hour Contact Centre 0800 920 029
[3]Website | [4]Facebook | [5]LinkedIn |
[6]Careers
[7]FNDC xmas
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Attention: The information contained in this email (including any
attachments) is intended solely for the addressee(s). It is confidential
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you must not use, copy, disclose or distribute it or any information in
it. Please simply notify the sender and delete or destroy all copies of
the email immediately. Unless formally stated, this e-mail and any
attachments do not necessarily reflect the views of the Far North District
Council. The Far North District Council accepts no responsibility for any
interception of, or changes to, our email after it leaves us. We do not
accept responsibility for any viruses or similar carried with our email,
or any effects our email may have on the recipients computer system or
network.
-----------------------------------------------------------
Far North District Council | Te Kaunihera o Tai Tokerau Ki Te Raki
Ph. 09 401 5200 | Fax. 09 401 2137 | Email. [Far North District Council request email]
Address. Memorial Avenue, Private Bag 752, Kaikohe 0440, New Zealand
Please consider the environment before printing this email.
References
Visible links
1. mailto:[FOI #9262 email]
2. http://www.fndc.govt.nz/
3. http://www.fndc.govt.nz/
4. http://www.facebook.com/FarNorthDistrict...
5. http://www.linkedin.com/company/far-nort...
6. http://fndc.govt.applyfirst.net/
hide quoted sections
From: Carla Ditchfield-Hunia
Far North District Council
To Leonie Exel
By email only to: [FOI #9262 email]
[email address]
Dear Ms Exel,
Official information request - RFS 3927502, 3927508
I refer to your information requests as referenced above, the responses
have been drafted and are almost ready to provide to you. However, Council
find it necessary to check the accuracy of the information that will be
provided to you; key Council staff with which consultation is required
remain on annual leave though will return next week.
Therefore we are anticipating a short delay in getting the information to
you. Pursuant to section 14(1)(b) of the Local Government Official
Information and Meetings Act 1987 we will extend the date with which the
information will be provided to Friday 8 February 2019 if not sooner.
Thank you for your patience.
Yours faithfully
[1]FNDC Legal Services
logo Corporate Services, Far North District Council | 24-hour Contact
Centre 0800 920 029
[2]Website | [3]Facebook | [4]LinkedIn | [5]Careers
--------------------------------------------------------------------------
Get it done online at your convenience, visit our website -
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-----------------------------------------------------------
Attention: The information contained in this email (including any
attachments) is intended solely for the addressee(s). It is confidential
and may be legally privileged. If you have received this email in error
you must not use, copy, disclose or distribute it or any information in
it. Please simply notify the sender and delete or destroy all copies of
the email immediately. Unless formally stated, this e-mail and any
attachments do not necessarily reflect the views of the Far North District
Council. The Far North District Council accepts no responsibility for any
interception of, or changes to, our email after it leaves us. We do not
accept responsibility for any viruses or similar carried with our email,
or any effects our email may have on the recipients computer system or
network.
-----------------------------------------------------------
Far North District Council | Te Kaunihera o Tai Tokerau Ki Te Raki
Ph. 09 401 5200 | Fax. 09 401 2137 | Email. [Far North District Council request email]
Address. Memorial Avenue, Private Bag 752, Kaikohe 0440, New Zealand
Please consider the environment before printing this email.
References
Visible links
1. http://www.fndc.govt.nz/
2. http://www.fndc.govt.nz/
3. http://www.facebook.com/FarNorthDistrict...
4. http://www.linkedin.com/company/far-nort...
5. http://fndc.govt.applyfirst.net/
hide quoted sections
From: Carla Ditchfield-Hunia
Far North District Council
To Leonie Exel
By email only to: [1][FOI #9262 email]
Dear Ms Exel,
Official information request - RFS 3927502
I refer to your information request as referenced above, please find
response attached.
Yours faithfully
[2]FNDC Legal Services
logo Corporate Services, Far North District Council | 24-hour Contact
Centre 0800 920 029
[3]Website | [4]Facebook | [5]LinkedIn | [6]Careers
--------------------------------------------------------------------------
Get it done online at your convenience, visit our website -
www.fndc.govt.nz
-----------------------------------------------------------
Attention: The information contained in this email (including any
attachments) is intended solely for the addressee(s). It is confidential
and may be legally privileged. If you have received this email in error
you must not use, copy, disclose or distribute it or any information in
it. Please simply notify the sender and delete or destroy all copies of
the email immediately. Unless formally stated, this e-mail and any
attachments do not necessarily reflect the views of the Far North District
Council. The Far North District Council accepts no responsibility for any
interception of, or changes to, our email after it leaves us. We do not
accept responsibility for any viruses or similar carried with our email,
or any effects our email may have on the recipients computer system or
network.
-----------------------------------------------------------
Far North District Council | Te Kaunihera o Tai Tokerau Ki Te Raki
Ph. 09 401 5200 | Fax. 09 401 2137 | Email. [Far North District Council request email]
Address. Memorial Avenue, Private Bag 752, Kaikohe 0440, New Zealand
Please consider the environment before printing this email.
References
Visible links
1. mailto:[FOI #9262 email]
2. http://www.fndc.govt.nz/
3. http://www.fndc.govt.nz/
4. http://www.facebook.com/FarNorthDistrict...
5. http://www.linkedin.com/company/far-nort...
6. http://fndc.govt.applyfirst.net/
hide quoted sections
Leo Exel left an annotation ()
After first denying (under LGOIMA) that any bylaws had expired, FNDC finally got back to us and said that 7 have expired due to being out of time, of which the Reserves Bylaw is one.
We are STILL waiting on them on 13 others, where they have refused to state that they are expired or otherwise.
It's with the Ombudsman now.
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Leo Exel left an annotation ()
I have sent this issue on to the Ombudsman as the reply did not satisfy me that FNDC has legal, non-revoked bylaws, including the Reserves Bylaw.
Link to this