Tuesday, August 23, 2005

Honest Matt Dutton's LGOIA Emporium


The Local Government Official Information and Meetings Act 1987 (click on "L" then on the Act in the side menu) provides that:

10. Requests— (1)Any person may request any local authority to make available to that person any specified official information.
and that:
11. Assistance— It is the duty of every local authority to give reasonable assistance to a person who— (a)Wishes to make a request in accordance with section 10 of this Act
And let's not forget that all-important Section 17:
17. Refusal of requests— A request made in accordance with section 10 of this Act may be refused only for one or more of the following reasons, namely:
(a) That, by virtue of section 6 or section 7 of this Act, there is good reason for withholding the information;
(b) That, by virtue of section 8 of this Act, the local authority does not confirm or deny the existence or non-existence of the information requested,
(c) That the making available of the information requested would—
(i) Be contrary to the provisions of a specified enactment; or
(ii) Constitute contempt of Court or of the House of Representatives;
(d) That the information requested is or will soon be publicly available.
(e) That the document alleged to contain the information requested does not exist or cannot be found.
(f) That the information requested cannot be made available without substantial collation or research.
(g) That the information requested is not held by the local authority and the person dealing with the request has no grounds for believing that the information is either—
(i) Held by another local authority or a Department or Minister of the Crown or organisation; or
(ii) Connected more closely with the functions of another local authority, or a Department or Minister of the Crown or organisation.
(h) That the request is frivolous or vexatious or that the information requested is trivial.
In comments on a post a few days back, Matt Dutton made the somewhat rash offer to become the medium for all Laws Watchers to make requests of Council under the Act, thus preserving the anonymity of the questioner.

"Are you serious?!", we asked. "Absolutely," he replied. We politely left unasked the next question - the one about sanity - and gladly accepted his offer.

So, you can now email us asking for information under the Local Government Official Information and Meetings Act; we'll pass these on to Matt; he will put in the request to Council; they will answer; he will pass the answer to us, and we'll post it here. Clear? Good.

Bear in mind that the questions must be about the activities of Council or of the Mayor or any councillor in their elected capacity. We reserve the right to edit requests for clarity and to reject those we are certain would not be eligible for answer. If we're in doubt, we'll put it in and see what happens.


We've established a new email address just for LGOIA queries: LetsAskMichael@bigfoot.com

So if you've ever wondered just how many cartons of 3-ply bog roll they spend your rates on each month, and whether any of it finds its way to the toilets in Majestic Square or if it's all used at Guyton Street, here's your chance...

Update: Someone with Official Information Act experience at both national and local level offers this advice:
Information requested must specifically be available in document format, ie not just in someone's head, and the document must be clearly identified. So, fishing expeditions, while they might seem fun at the time, don't really get anywhere. And it takes up to 20 working days to find out that you could have done a better job of framing the request to point to a specific document, report, invoice etc., so you then have to start all over again...
Comments on this post are now closed.

17 comments:

Matt Dutton said...

I'm going to send the first lot in on Monday. Don't all rush at once ;)

Matt Dutton said...

In any event, I was kind of enjoying the by-election debate. I have my doubts, do some of the anonymii, of the usefulness of putting up "unknown" candidates, worthy as they might be. However, as Rob Vinsen pointed out, how are you supposed to get known if you don't stand?

Another issue here: how many candidates will Vision put forward? Will previous Vision candidates stand again?

Anonymous said...

Yeah Matt why not? Waste more ratepayers money setting yourself up as a prize pillock. Why don't you just ask Uncle Ray to ask for you.

Anonymous said...

Rob Vinsen. Now THERE'S a guy to take political advice from. Next it'll be Ross M-A.

Anonymous said...

Think the Diva is home alone.

Matt Dutton said...

Good point. I'm not just going to shove a load of frivolous questions at Council. As you say, why waste ratepayers (my) money? However, there are some issues that could do with a bit more scrutiny, I reckon. And people have expressed a reluctance to put certain enquiries themselves.

Anonymous said...

Didn't you read his SST column?
He goes to Auckland every Tuesday night for his rugby show.

Anonymous said...

What issues, Matt? Not trying to take the piss but I can't say that I can think of anything we don't know. We get too MUCH information from council these days (check out the rates newsletter).

Matt Dutton said...

Let's just wait and see what goes in on Monday, shall we?

Matt Dutton said...
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Matt Dutton said...
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Matt Dutton said...

Here's section 8 in all its steaming glory:

8.Information concerning existence of certain information—

Where a request under this Act relates to information to which section 6 or section 7(2)(b) of this Act applies, or would, if it existed, apply, the local authority dealing with the request may, if it is satisfied that the interest protected by section 6 or section 7(2)(b) of this Act would be likely to be prejudiced by the disclosure of the existence or non-existence of such information, give notice in writing to the applicant that it neither confirms nor denies the existence or non-existence of that information.

Laws Watch said...

To quote Manuel: "Que?"

Matt Dutton said...

I'm trying to make sense of it myself. Wait up. Let's see section 6 or 7 first.

Matt Dutton said...

6.Conclusive reasons for withholding official information—

Good reason for withholding official information exists, for the purpose of section 5 of this Act, if the making available of that information would be likely—
(a)To prejudice the maintenance of the law, including the prevention, investigation, and detection of offences, and the right to a fair trial; or
(b)To endanger the safety of any person.

Matt Dutton said...

section 7 too long to post here.

Worth reading though ;) - Sir Humphrey is alive & well.

Matt Dutton said...

"Information requested must specifically be available in document format, ...a better job of framing the request to point to a specific document, report, invoice etc., so you then have to start all over again..."

The last thing I want is a load of paperwork