DCC compels extensions on LGOIMA requests #SouthDunedinFlood

Received.
Not shooting the messenger.

From: Elizabeth Kerr
Sent: Wednesday, 2 March 2016 9:50 a.m.
To: Kristy Rusher
Cc: Elizabeth Kerr; Sue Bidrose; Sandy Graham; Editor @odt.co.nz
Subject: Re: LGOIMA request – Mudtanks number: 531420

Dear Kristy

The extensions are clearly becoming an unnecessary problem.

I will be in touch again on this matter within 48 hours.

Regards

Elizabeth Kerr

Sent from my smartphone network

——– Original message ——–
From: Kristy Rusher
Date: 02/03/2016 8:29 am (GMT+12:00)
To: Elizabeth Kerr
Subject: Re: LGOIMA request – Mudtanks number: 531420

Hi Elizabeth,

The DCC is currently extending your information request for a further 15 working days (section 14(1)(a) LGOIMA 87). This is because meeting the timeframes would unreasonably interfere with organisational priorities.

Regards,
Kristy

Sent from my iPhone

On 23/02/2016, at 5:46 PM, “Kristy Rusher” wrote:

Hi Elizabeth,

The DCC is extending your request for information for 5 working days as meeting the time limits for the original request would unreasonably interfere with the operations of the Council (section 14(1)(a) of the Local Government Official Information and Meetings Act 1987).

Regards,

Kristy Rusher
Manager Civic and Legal, Civic
Dunedin City Council

[my emphasis in Kristy’s email messages]
—

DCC forwarded the following request to new group manager transport Ian McCabe, for reply:

January 25, 2016 at 9:36 pm

From: Elizabeth Kerr
Sent: Monday, 25 January 2016 9:24 p.m.
To: Sandy Graham; DCC LGOIMA Information Request
Cc: Kristy Rusher; Elizabeth Kerr
Subject: LGOIMA Request – Ref No. 531420

Further to my use of the online form at DCC website:

Dear Sandy

LGOIMA Request – South Dunedin mudtanks and stormwater drains
Reference No. 531420

I request the following information:

1. Can Dunedin City Council tell me if all mudtanks and stormwater drains in the South Dunedin catchment have been physically cleared in the time elapsed since the 3 June 2015 flood?

2. How many times have these mudtanks and stormwater drains been checked and cleared since the 3 June 2015 flood?

3. Which contractor / subcontractor has been responsible for this monitoring and clearance work since the 3 June 2015 flood?

4. Who (name and staff position) at Dunedin City Council has been directly responsible for checking the contractor / subcontractor work since the 3 June 2015 flood?

5. Are there any items of stormwater infrastructure in the South Dunedin catchment that are known to be blocked or cannot be cleared (if for any reason), since the 3 June 2015 flood?

I look forward to your reply in digital format by email.

Kind regards, Elizabeth

—

New guides to the OIA and LGOIMA for agencies and requesters
were issued by new Chief Ombudsman Judge Peter Boshier on 17 Dec 2015.

EXTENSIONS
An agency may extend the maximum time limit for transferring a request or making a decision and communicating it to you, if:
• your request is for, or requires a search through, a large quantity of information and meeting the original time limit would unreasonably interfere with the agency’s operations; or
• consultations needed to make a decision on your request mean than a proper response cannot be made within the original time limit.
The extension must be for a reasonable period of time in the circumstances.
The agency must notify you of the extension within 20 working days after the day it received your request. The notice must:
• specify the period of the extension;
• give the reasons for the extension; and
● state that you have the right to complain to an Ombudsman about the extension.
While more than one extension may be made within the original 20 working days (if necessary), no further extensions may be made once the original 20 working day maximum time limit has passed.

Source: Making official information requests: A guide for requesters
Download PDF 829 KB | Download DOC 654 KB

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█ PUBLIC MEETING – SOUTH DUNEDIN FLOOD
South Dunedin MP Clare Curran is convening a public meeting on Monday 7 March at 6:00 p.m. in the Nations Church Auditorium, 334 King Edward Street, to look at why South Dunedin “flooded” on 3 June last year. All Welcome.

Otago Daily Times Published on Jun 4, 2015
Raw aerial video of Dunedin Flooding
Video courtesy One News

—

Related Posts and Comments:
26.2.16 Mudtanks and drains + Notice of Public Meeting #SouthDunedinFlood
21.2.16 DCC infrastructure … report (30.11.15) subject to ‘internal review’ only
13.2.16 South Dunedin Flood (3 June 2015): Bruce Hendry via ODT
4.2.16 2GP commissioner appears to tell Council outcome… #hazardzones
4.2.16 Level responses to Dunedin mayor’s hippo soup #Jun2015flood
30.1.16 DCC Rates: LOCAL CONTEXT not Stats —Delta and Hippopotamuses
25.1.16 DCC: South Dunedin Integrated Catchment Management Plan (ICMP)
19.1.16 Listener 23.1.16 (letter): South Dunedin #Jun2015flood
16.1.16 NZ Listener 16.1.16 (letter): South Dunedin #Jun2015flood
14.1.16 ‘Quaking!’ Dark day$ and tide$ to come #Dunedin #Jun2015flood
10.1.16 Infrastructure ‘open to facile misinterpretation’…. or local ignore
5.1.16 Hammered from all sides #fixit [dunedinflood Jun2015]
● 24.12.15 Site notice: posts removed
3.11.15 South Dunedin Flood | Correspondence & Debriefing Notes released by DCC today #LGOIMA

█ For more, enter the terms *flood*, *hazard* or *south dunedin* in the search box at right.

—

Posted by Elizabeth Kerr

Delta #EpicFail Noble Subdivision : A Dog, or a RAVING YAPPER?….

Election Year : The following opinion is offered in the public interest. -Eds

—

Received from Christchurch Driver [CD]
Wed, 2 Mar 2016 at 12:50 p.m.

Your correspondent today was intending to provide his further investigations and suspicions as to what was in fact really happening with the “mortgagee sale” process at Noble, and what they are up to. Pausing here : The term “mortgagee sale” is used in the loosest possible way. Your correspondent has been at work on this, and as the trail to the mortgagee sale has unfolded in recent posts, your correspondent now thinks he has taken What if? readers down a couple of dead ends in an early post or two concerning where Delta may have ranked and what Delta / DCHL are plotting…. He made the mistake of thinking a mortgagee sale was in fact a true arms length mortgagee sale, where security holders went to the market to sell a distressed asset, at whatever price the market saw value at. That is the consequence of seeing through the glass darkly, with a group of men determined to keep secrets, but your correspondent has enlisted some help, and reckons he now has the measure of Delta’s machinations in regard to their ultimate plan.

Readers may be surprised to hear that your correspondent has no personal axe to grind with any of the public figures he has lampooned, merely that on the facts some of them are unfit to occupy the positions they do.

Over a cup of tea, it has been decided to give DCC and Delta a chance to respond to the recent posts by releasing clear information about what has happened and what plan Delta / DCC has to exit the Noble Subdivision. While any Delta / DCC disclosure will be a lot less entertaining than this correspondent (even if I say so myself….) we must sacrifice humour for accuracy at this critical juncture.

It is a critical juncture because this correspondent believes if pressure is not brought to bear on Delta / DCC now, a fait accompli will be soon presented that is going to involve more public funds at risk.

Mr Crombie will assume a sombre tone, and announce that there was no option. He will become TINA Crombie. – There Is No Alternative.

As Justice Brandeis said ‘sunlight is the best disinfectant’ and all of Dunedin deserves precision as to what is going on. Of course, as What if? readers will know, if the Delta / DCC does not respond to the kind and gentle approach (we must give them a chance, readers) there are other avenues presently being explored….

Mayor Cull’s lack of transparency is extremely concerning, and is an indicator to what is happening. If indeed there was a proper mortgagee sale process occurring with negotiations with multiple bidders unrelated to Delta / DCC, there is absolutely no reason why he could not confirm that. This correspondent thinks he cannot because it isn’t true. Blatant falsehoods have a habit of being discovered.

Your correspondent is not a proud or vain man – (well, his wife may not agree) – he and most of Dunedin would be very, very happy if he was proven to be quite wrong, and Delta’s plan did not involve any further public funds. This of course doesn’t make the previous Delta ineptitudes go away. To labour the point : The directors must be held to account.

Today, instead of the headline act, we will tease out some of the implications of the Delta decision to continue work on the Noble Subdivision in December 2009, when the variation to the consented subdivision was revealed to them and they continued on.

This was the critical decision that led to Delta backing up a truckload of dollars off Yaldhurst Rd and tipping it into the freshly excavated ground at the Noble Subdivision. (Your correspondent likes earthmoving metaphors as much as the next man).

Quite apart from the ethical and legal considerations arising from committing a major offence under the Building Code, this correspondent believes this was also a very bad financial and strategic decision.