DCC compels extensions on LGOIMA requests #SouthDunedinFlood

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.


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.


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).


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.

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

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.

Notice of Public Meeting 1

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


Filed under Business, Climate change, Construction, DCC, Democracy, Design, District Plan, Dunedin, Economics, Events, Geography, Heritage, Infrastructure, Media, Name, New Zealand, OAG, Ombudsman, People, Politics, Project management, Property, Proposed 2GP, Resource management, Site, South Dunedin, Tourism, Town planning, Transportation, Travesty, Urban design, What stadium

13 responses to “DCC compels extensions on LGOIMA requests #SouthDunedinFlood

  1. Gurglars

    When the answer is unpalatable Elizabeth and designed to ensure that the loonies at the DCC are gonna be found guilty, they all run, run, run for cover. Nothing worse than accountability to bring out obfuscators.

    And you should know now that anthromorphic climate change, sea level rise at Brighton and the bloody tooth fairy are responsible so why don’t you find another government backed entity to pursue. We’re in tears here and our morale is down, pencil theft is down, car theft is down, we only had 450,000 hits on trademe last week and we have only introduced three sets of traffic lights in the last two years (one of them is planned for Waikouaiti).


  2. Peter

    Elizabeth. I cannot see why your LGOIMA request needed an extension. It is not as if they have to delve into very historic archives.
    This looks like either stalling tactics or is symptomatic of the current chaos within the DCC.
    The DCC is currently in trouble with the Ombudsman’s Office concerning their slack processes for handling complaints.

  3. Peter

    It’s a pity a 5 year old did the videoing and then the editing.

    • Elizabeth

      ‘Peter (No.2)’, 39 Dunedin Television is training ground and not especially well paid I wouldn’t think due to Allied Press ownership – don’t mention the archaic state of the gear they have to use.

  4. JimmyJones

    Elizabeth: The second extension is invalid and unlawful because the time limit for doing that had expired (as of 2/3/16). No extensions can be claimed after the 20 day limit which was 23/2/16. The Ombudsman’s new guide says 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 and this is covered by LGOIMA section 14. It is reasonable to assume that the DCC was fully aware of the expired time window.
    Because there is no valid time extension, the DCC is now in breach of the prescribed time limit (20 days + 5 days) (section 13 and 14). We should expect them to be determined to defend the cover-up, but they should obey the law. You should complain to the Ombudsman. If you are feeling generous, give the DCC one working day to provide the information.

    • Gurglars

      Obfuscation wins, transparency does not exist in the DCC and its companies.

      But whether this gives you a feeling that it’s “not alright here” but better somewhere else.

      Today I heard an advertsiement PR production that lauded the Auckland Casino as a social necessity, a great win for Auckland, a game changer.

      Now I know that bullshit baffles brains.

  5. Elizabeth


    Day editor Dave Canan on Dunedin Television tonight indicated there will be a story on the mudtank situation in Saturday’s ODT.

    Wonder if DCC is going to use Saturday to do PR slant before the Public Meeting to be held on Monday evening ?!
    Or maybe ODT’s canvassing those locals who know how blocked or unmaintained things really are !!

  6. Elizabeth

    I’m surprised Mayor Cull and MsRW didn’t arrange for Black Power to tender !?!?!

    DCC infrastructure and networks general manager Ruth Stokes […] insisted none of the decisions was a criticism of the performance of the council’s existing contractors.

    ### ODT Online Sat, 5 Mar 2016
    New contractor for mud tanks
    By Chris Morris
    The companies responsible for keeping South Dunedin’s mud tanks clean, and stamping new markings on the city’s cycleways, are set to lose $15 million worth of contracts with the Dunedin City Council. The decisions were confirmed yesterday, as it was also announced City Care – a Christchurch City Council-owned company already working in Dunedin – would clean all 1500 mud tanks in South Dunedin over the next month.
    Read more

    I’m aware this loosely answers the thrust of my LGOIMA questions – guessing little or no work done on the system since the flood on 3 June 2015. But hey it’s the turn of the autumn leaves and the best chance to SEND MONEY OUT OF TOWN, again. Because that is what DCC does best.

    █ Fulton Hogan was paid about $13million a year for three-year urban and rural maintenance contracts, including mud tank cleaning and maintenance, which were up for renewal on June 30. –Ruth Stokes (via ODT)

  7. russandbev

    I did hear tonight that City Care (the Chch company contracted to do the work “over and beyond” (sounds of retching)) has been sold to a French company.

    So, what was done in house very efficiently by a team of people from Dunedin is now done by the French. If you wrote this lot as a script it would be rejected as being unbelievable.

  8. Elizabeth

    Update on LGOIMA Request 25.1.16 —Ref No. 531420

    In reply to Gurglars today at another thread:

    The LGOIMA information request (made 25 January 2016) was declined by Dunedin City Council on 14 March – following two extensions incurred, one of which may have been unlawful.

    I brought this to the attention of Mayor and Councillors by email on 17 March and received thanks and acknowledgement from the Mayor via his office on 18 March.

    My complaint with the Ombudsman was lodged on 18 March. The Ombudsmen’s Office assessed the complaint and have confirmed in writing that an investigator will assist the ombudsman.

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