LGOIMA Request Details: LG2044

Date received: 21/12/2021

Requested information: Correspondence regarding risk assessments to ban ratepayers from facilities

Status: Complete

Date responded: 09/02/2022

Response:

​Dear PauL

Thank you for your LGOIMA request dated 21 December 2021. You requested the following:

 • council correspondence and records on the risk assessment decision making process associated with

for facilities with targeted rates (the Library and the Makino pool) that resulted in COVID certificates

being required to enter these facilities, and

• any legal advice they received around contract law and torts of law on charging ratepayers who are

unable to enter these facilities as a result of the above decision.

Attached is the information that you requested labelled Attachment A – C.

Attachment A: Memo dated 29 Nov 2021 compiled by the Manawatū District Council (MDC) Facilities

Manager following a risk assessment by library and pool staff

Attachment B: Emergency Management and Health and Safety Committee discussion points for the MDC

Executive Team to consider a requirement for COVID vaccination certificates

Attachments C & D: Facility risk assessments for the Makino Aquatic Centre and Feilding Library following

the Executive Team's discussion and decision that is available on the MDC website.

Attachment A has been redacted in parts. Information redacted has been withheld due to commercial

sensitivity and/or to protect private persons, under Section 7 (2) (a) and (b) of the LGOIMA 1987.

Attachments B, C and D are included in their entirety.

In terms of the payment of rates, this is a tax levied by the Council for the services and facilities the

council provides. Rates are not based on a user pay methodology. The services we provide are not

always used by all rate payers, some members of the community choose not to use libraries, pool,

parks etc, regardless of whether they can or not. But being part of a community where these services

exist means that for them to be affordable the cost is spread over many rate payers.

Rates will not be discounted if people are unable to access our facilities due to not having a vaccine

certificate and people are strongly advised to pay their rates in full or they will attract penalties and

or could face debt collection processes.

If you disagree with Council's decision you may make a complaint to the Ombudsman under Section 27 (1)

(a) of the LGOIMA 1987.

Please find attached a zip file of Attachments A – D below

LG_2044.zip

The link will expire after 7 days so remember to save any documents you wish to have continued access to.

We recommend that this link is opened on a PC.

If you have any questions, please feel free to contact me.

Kind Regards,

Katie