Received from Bev Butler
Thursday, 6 March 2014 5:27 p.m.
MESSAGE TO MEDIA WATCHING THIS BLOGSITE
Malcolm Farry has been misinforming media about the CST being subject to the Local Government Official Information and Meetings Act (LGOIMA).
Farry is incorrect when he states that the Carisbrook Stadium Charitable Trust (CST) is not subject to LGOIMA.
Attached are two legal opinions which both state that the CST is subject to the provisions of LGOIMA.
These were released to me by Paul Orders, former CEO of the Dunedin City Council (DCC), after I made a complaint to the Ombudsman.
In July 2008 I was making requests under LGOIMA about the stadium and was informed by the then CEO, Jim Harland, that the CST was not subject to LGOIMA. What Harland failed to tell me was that he had sought two legal opinions both of which state that the CST is subject to LGOIMA.
When I produced Harland’s email to the Ombudsman, the Ombudsman recommended that the Council release these opinions to me. Hence the attached legal opinions. It is not often that legal opinions are released because of legal priviledge but I guess in this case I had proved I was misled. It was part of the deceipt of withholding vital information from the public so that they could push the project through against the will of the community.
They lied from start to finish with this project and filled their pockets along the way –that’s why myself and others will continue to expose what happened. The whole process was so bloody cynical.
Returning to Farry, CST and LGOIMA, it is also clear under the Public Records Act 2005 that the Council is required to maintain full records etc as outlined below:
PUBLIC RECORDS ACT 2005
Requirement to create and maintain records
(1) Every public office and local authority must create and maintain full and accurate records of its affairs, in accordance with normal, prudent business practice, including the records of any matter that is contracted out to an independent contractor.
(2) Every public office must maintain in an accessible form, so as to be able to be used for subsequent reference, all public records that are in its control, until their disposal is authorised by or under this Act or required by or under another Act.
(3) Every local authority must maintain in an accessible form, so as to be able to be used for subsequent reference, all protected records that are in its control, until their disposal is authorised by or under this Act.
From: Sandy Graham [DCC]
To: Bev Butler
CC: Letitia Parry @ombudsmen.parliament.nz
Date: Wed, 15 Feb 2012 16:04:50 +1300
Subject: Bev Butler re legal opinions – 14 Feb 2012.pdf – Adobe Acrobat Professional
Please find attached the information regarding the LGOIMA peer reviews.
Full download: Bev Butler re legal opinions – 14 Feb 2012 (PDF, 949 KB)
• Cover letter from Paul Orders 14.2.12 (1 page)
• Letter from Anderson Lloyd 18.9.08 (3 pages)
• Letter from Simpson Grierson 25.9.08 (5 pages)
For more, enter the terms *cst*, *csct*, *carisbrook*, *stadium*, *farry*, or *harland* in the search box at right.
Posted by Elizabeth Kerr