LGOIMA Requests

I refer to your official information request dated 24 November 2022.  

The information you have requested is below and in the attached spreadsheet. 

As part of a reconciliation project here at KiwiRail we are needing information on our past and present resource consents. If it’s possible, could we request a spreadsheet of any KiwiRail resource consents we hold with you, either present or expired.  

Please see attached excel spreadsheet showing consents in the name of KiwiRail (or former names). 

We are also interested in any potential updates on changes or reviews to your current plan. Any updates on this at all would be extremely helpful to ensuring all of our information is up to date.  

The Manawatū District Council has a Sectional District Plan Review underway.  This is a multi-year project to update the Operative District Plan.  The status of plan changes can be viewed at https://www.mdc.govt.nz/services/planning/district-plan/plan-changes. 

Council is currently consulting on: 

• Heritage & Notable Tree Review (Plan Change H(a)&(b)  
• Rongotea South Private Plan Change (Private Plan Change 1) 
  
  Information on current consultations is available at: https://www.mdc.govt.nz/have-your-say 
  
  Council is preparing plan changes on the following topics.  We have received early feedback from KiwiRail on our Rural & Residential work.  It is anticipated that these will be notified in 2023: 

• Plan Change A: Rural and Flood Hazard Review 
• Plan Change B: Feilding Residential Review 

What is the total value of all artwork (including sculptures) currently owned by your council?   
One small triptych artwork purchased for $850 which is on display in the Executive Wing foyer. 
 
‘Drover & Dog’ Statue, installed on Kimbolton Road, donated, reinstatement value $203,000.00 
 
‘Squabbling Birds’ statue, usually lives in front of the library, but refurbishments are underway and the statue is in storage, donated, value unknown 
 
3 paintings by the original owner of Mt Lees Homestead, installed at Mt Lees Homestead for public viewing,  donated, value unknown 
 
2 paintings by Sarah Platt, installed in Library for public viewing, donated, value unknown 
 
Māori carving, on display at Reception, received as an Environmental Award, value unknown 

How much has you council spent over the last 3 years on artwork?  Nil  

• How much the council has spent on lawyers on matters relating to the Opawe Rd  paper road since 2007.  The Council has spent $119,106.24, see attached spreadsheet 

• How much the council has spent on services from The Property Group on matters relating to the Opawe Rd paper road since 2007. The Council has spent $41,585.16 

• How much has the council spent on reports confirming the Opawe Rd paper road is a legal road since 2007. The Council has spent $2,490.35.  

• Could you tell me when these were done. These were done 2009 and 2014 

• How much the council has spent on having the paper road surveyed or employing any other external contractors on matters relating to Opawe Rd since 2007. The Council has spent $20,044.50.  

• Could you tell me when these were done. These were done 2017, 2011, and 2022 

Hello Michael,

Thank you for your email advising you wish to withdraw your request, I will close off our file accordingly.

Warm regards,

Dear Elin,  

Official information request - ​Documents and details relating to any air discharge consents and land/water discharge consents for piggeries operating within the Manawatu region  

I refer to your official information request 17 November 2022. 

The information you are requesting, namely air discharge consents and land/water discharge consents for piggeries operating within the Manawatu region, is not held by us but is a function of Horizons Regional Council.  In these circumstances, we are required by section 12 of the Local Government Official Information and Meetings Act to transfer your request.  

Therefore, we have transferred your request to Horizons Regional Council.  

You will hear further from Horizons Regional Council concerning your request.   
You may contact them by emailing help@horizons.govt.nz or phoning 06 952 2800. 

Warm regards, 

I refer to your official information request dated 11 November 2022.

Here is a link to the correspondence to the owner between 2008 to 2013. – add link

Also, here is a link to the correspondence about LG 2113 – add link

These links will expire in 7 days, so please remember to save anything you wish to have continued access to.

Since then, there has been no direct correspondence between Council officers and the owner, all communication has been with the owners solicitor via Councils solicitor and is the subject of common interest privilege. Common interest privilege arises where privileged material is disclosed to another party with a common interest in the subject matter at the time of disclosure.

Correspondence on ‘other matters’ would be correspondence between Council and our solicitor, which is withheld under section 7 (2)(g) of the Local Government Official Information and Meetings Act, in order to maintain legal professional privilege. 

The existing legal privilege in place between Council and our solicitor relates to litigation privilege (Council are defendants in a proceeding and being advised in respect of that litigation). There are then 3 prerequisites for the existence of common interest privilege:

• the parties who are alleged to be entitled to the privilege must have a common interest in the subject matter of the communications in respect of which the claim is made;
• the common interest must be identical or, if not identical, then closely related (so similar that it would be unsuitable to treat the parties claiming the privilege separately); and
• the common interest may be either legal or commercial.

In our view, these factors exist in this case. This means that the two parties are in effect treated as one for the purpose of privilege (including waiver, which would require the owners consent).

Hello Kayleigh,

Thanks for your emails. 
I am sending you a link to all the information that we have on file about your property. This includes the report you requested. 

I hope this will help. I am also sending the information to Mayor Helen and Trena.

Here is the link to the file - 2_Wye_Street.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.