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20180531 OIA request to Auckland

My request ....
15th of May 2018
To Auckland Council.
Dear Sir/Madam,
                          Official Information Act Request : Is Auckland Council Complying with the Public Records Act 2005 ?

Please supply the following information under the [Official Information Act (OIA) / Local Government Official Information and Meetings Act (LGOIMA)

Is Auckland Council complying with the Public Records Act 2005 ?

If Auckland Council are complying in part - but not fully, which sections of the Public Records Act is it not complying ( fully ) with ?

Is there any reasonable explanation given by Auckland Council for its non-compliance with the Public Records Act ?

What measures need to be taken by Auckland Council to ensure that it is fully compliant with the Public Records Act ?

Yours faithfully.
Alan William Preston. Mangawhai 15 May 2018


If you need any more information from me please let me know as soon as possible.
I understand that a decision on a request for information under the [OIA/LGOIMA] should be made within 20 working days of receiving that request.
If you do not normally deal with official information requests, or you need advice on dealing with this request, guidance is available from the Ombudsman at www.ombudsman.parliament.nz
 Their response....

31 May 2018 Official Information Request No. 8140002949

(Please quote this in any correspondence)

Alan Preston By email - ratepayersandresidents@gmail.com

Dear Mr Preston

Local Government Official Information and Meetings Act 1987 Re: Public Records Act 2005

I write further to your email, which we received on 15 May 2018, requesting an explanation about Auckland Council’s compliance with the Public Records Act 2005 (the Act).

We consider that your email does not request information, but rather requires Council to form an opinion, and therefore create new information to answer your request. Accordingly, we are refusing your request for information pursuant to section 17(e) of the Local Government Official Information and Meetings Act 1987 (LGOIMA), as the information requested does not exist.

However, please note that Auckland Council is committed to complying with its obligations under the LGOIMA. Additionally, Council is continually looking at the ways we can adapt our processes and procedures to improve our record keeping and ensure compliance with our obligations under the LGOIMA.

Should you believe Auckland Council has not responded appropriately to your request, you have the right by way of complaint, under section 27(3) of the LGOIMA, to apply to the Ombudsman to seek an investigation and review of the decision.

If you have any further queries please contact me on 09 301 0101 quoting Official Information Request No. 8140002949.

Yours sincerely

Sarah Parry-Crooke Privacy & LGOIMA Business Partner Democracy Services

Private Bag 92300, Auckland 1142 | aucklandcouncil.govt.nz | Ph 09 301 0101