Tag Archives: Legal opinion

DCC: LGOIMA requests for the last month

Received from Lee Vandervis
‎Tue‎, ‎21‎ ‎Jul‎ ‎2015 ‎at 8‎:‎24‎ ‎p.m.

[screenshot — click to enlarge]

DCC LGOIMA requests from the last month as at 21.7.15

Posted by Elizabeth Kerr

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WCC’s free lunch for a car | Vandervis challenges DCC legal advice

Received.
‎Tue‎, ‎26‎ ‎May‎ ‎2015 ‎at 8‎:‎10‎ ‎a.m.

### Stuff.co.nz Last updated 05:00, May 26 2015
Editorial: Councillors don’t deserve a free lunch
OPINION: It is odd that Wellington City Councillors think the ratepayers owe them a free lunch. They don’t. Councillors say they don’t have time to go out and get lunch, so they must carry on working without it. “People have been getting grumpy,” explains Councillor Andy Foster. Therefore, the ratepayers must provide lunch. This argument is truly ridiculous. It means, apparently, that the politicians are incapable of doing what everyone else does, which is to have lunch within the usual times. They will say, of course, that they are busier than the other people. […] The councillors are in the difficult position that two years ago they scrapped free lunches, partly as a cost-cutting measure and partly as a sign that they were willing to share the pain. If those arguments were valid then, they are still valid now. So consider the cost-cutting argument. Officials are now recommending a 5.1 per cent increase in rates in 2015. Part of this will be $20,000 for councillors’ free lunches. This is about half of what the councillors’ free lunches used to cost before they scrapped them in 2013. Some will say this is a reasonable “compromise”. […] Councillors might now argue that $20,000 is a piffling amount in the context of the capital city’s budget, and of course it is. But suppose a burglar stole a car worth $20,000 from the city council’s fleet. This is also a trifling sum in the context of the city’s property assets. Would the councillors wink at that too?
Read more

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Tears, spats and squabbles (note ODT url for the following item)….

### ODT Online Tue, 26 May 2015
Vandervis ‘contesting voting ban’
By Chris Morris
Dunedin city councillor Lee Vandervis says he has begun a legal challenge to reclaim his lost voting rights, although senior council staff remain in the dark about the details. His move came as yesterday’s full council meeting descended into increasingly bitter exchanges, most involving Cr Vandervis, who told one councillor to leave town and was advised by another to “shut up”.
Cr Vandervis, speaking at yesterday’s meeting, maintained the voting ban was “ultra vires”, as a councillor’s right to vote was “sacrosanct”. He also took exception to the accuracy of meeting minutes purporting to record the decision to remove his voting rights, as well as subsequent committee meetings.
Read more at http://www.odt.co.nz/news/dunedin/343501/tears-spats-and-squabbles

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Cr Vandervis said the council’s real success in the Warehouse Precinct had been to “get out of the way” of private developers.

### ODT Online Tue, 26 May 2015
DCC approval for Exchange work
By Chris Morris
The Dunedin City Council is to press ahead with a $1.1 million plan to revamp Exchange Square and create new car-free zones in the Warehouse Precinct. Councillors at yesterday’s full council meeting voted to approve both projects for public consultation over the next few months, which could be followed by construction later this year.
Read more

ODT: Council may bring forward Exchange works
ODT: Jetty St pedestrian area proposed

Report – Council – 25/05/2015 (PDF, 1004.9 KB)
Renewal and Upgrade of Exchange Square

Report – Council – 25/05/2015 (PDF, 2.8 MB)
Proposed Restriction of Vehicles From Sections of Jetty Street

Other information:
Dunedin Central City Plan (all documents)
Exchange Square Upgrade
Urbanismplus: Dunedin Central City Framework (PDF, 9.7 MB)
This full report provides justification for a better city centre, a vision for the city centre, some strategic direction and finally an implementation plan. October 2011.

Posted by Elizabeth Kerr

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Carisbrook Stadium Trust subject to LGOIMA

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.

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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

Dear Bev

Please find attached the information regarding the LGOIMA peer reviews.

Regards
Sandy

DCC Letter to BButler 14.2.12

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)

[ends]

For more, enter the terms *cst*, *csct*, *carisbrook*, *stadium*, *farry*, or *harland* in the search box at right.

Posted by Elizabeth Kerr

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Filed under Business, Construction, CST, DCC, Democracy, Media, Name, New Zealand, ORFU, People, Politics, Project management, Property, Site, Sport, Stadiums