2 May 2024
File Ref: IRC-6109
Naomi Steenkamp
[FYI request #25987 email]
Tēnā koe Ms Steenkamp
Thank you for your email of 4 March 2024 to Wellington City Council | Te Kaunihera o Pōneke (the
Council) requesting information regarding construction plans and documents for Hawkins Hil Road
Right of Way works. Your request has been considered under the Local Government Of icial
Information and Meetings Act 1987 (LGOIMA). Please find my response below.
1. Please provide a copy of the Construction Plans (document or documents) that were to have
been supplied to the Council's Vehicle Access Engineer for approval prior to the
commencement of works on the site as per Condition B of SR254721 (and its subsequent
certification under SR286407).
This condition was suggested by Patricia Wood in file reference 1795294 Vehicle Access
Assessment inside dated 9/05/2016 inside of SR254721.
The Council has conducted a thorough search of our records, including our archives, and are unable
to locate the construction plans requested. Therefore, I must refuse this portion of your request
pursuant to section 17(e) of the LGOIMA, as the document alleged to contain the information
requested does not exist or, despite reasonable efforts to locate it, cannot be found.
2. The 223/224 certification (SR286407) was peer reviewed by Jonathan Anderson who
"cleared" condition (b) Vehicle Access dated 9/07/2013 Clearance Memo (document
2339622) - please provide the documentation / information / photo that was supplied to deem
the condition (b) satisfied please (including the actual Construction Plans approved, prior to
any construction of those rights of way).
The Council has conducted a thorough search of our records, including our archives, and are unable
to locate the construction plans requested. Therefore, I must refuse this portion of your request
pursuant to section 17(e) of the LGOIMA, as the document alleged to contain the information
requested does not exist or, despite reasonable efforts to locate it, cannot be found. The only
document that is held is a timesheet, that records the work carried out by the Vehicle Access
Engineer. This document has been attached, as
Appendix 01 to my response. Some of the
information has been withheld pursuant to section 7(2)(a) of the LGOIMA, to protect the privacy of
natural persons.
As per section 7(1) of the LGOIMA, I do not consider that in the circumstances of this response, the
withholding of this information is outweighed by the other considerations which render it desirable to
in the public interest to make the information available.
3. Please also supply the document "2050638" referenced in the Clearance Memo (2339622)
inside of SR286407.
Please find attached, as
Appendix 02 to my response, a copy of document 2050638. The document
is a copy of the Subdivision Of icer Delegations as they applied at the time of certification of the
relevant subdivision, in August 2013. It has been expanded with an additional section that details the
relevant sections of the legal statutes administered by the Subdivision Compliance Of icers. The first
part of the document parallels a formally signed delegation document signed by the Chief Executive
Of icer. Some of the information has been withheld pursuant to section 7(2)(a) of the LGOIMA, to
protect the privacy of natural persons.
4. Please supply the Council Compliance Officer's notes or photos taken during their on-site visit
(visits) to check compliance specifically with Condition (b) of SR254721 in 2013. If no
documentation exists please provide an explanation as to why this Condition was considered
to be complied with, without the necessary evidence?
The Council has conducted a thorough search of our records, including our archives, and are unable
to locate any notes or photos taken by the Council Compliance Of icer. Therefore, I must refuse this
portion of your request pursuant to section 17(e) of the LGOIMA, as the document alleged to contain
the information requested does not exist or, despite reasonable efforts to locate it, cannot be found.
The Council is confident that the condition was complied with as the timesheet (Appendix 01) records
that the Vehicle Access Engineer prepared for a site visit, inspected the site with the Land Use
Monitoring Of icer and prepared a report for the section 224c certification of condition (b).
5. Please also provide an explanation why Document "2050638" shows vehicle access was
cleared under SR411987 consent and its certification under SR424915 in early 2019 -
meaning Council were happy with access provisions for the alotments created under that
subdivision consent, and yet by April of 2021 suddenly that very same Vehicle Access
Engineer (who completed all assessments for the 2013, 2018 and 2021 consents) suddenly
decided under s92 Further Information to "fix" access for a neighbour inside of a separate
resource consent whereby a) none of the proposed new alotments required that easement for
access, b) no earthworks were proposed, c) no new easements were required or being
created, and d) nothing was changing in relation to the existing access arrangements for
others certified under previous consents.
The Council has interpreted your statement
“…Document “2050638” shows vehicle access was
cleared under SR411987 …” to be that you have concluded that the road was constructed and
certified under the original subdivision (SR 254721) cleared the way for the subsequent advice from
the Vehicle Access Engineer to the planner assessing the application for the subdivision of the
neighbouring property (SR 419987). Please be advised, that the aforementioned document is a
delegation document.
The Council believes that this question has already been answered in correspondence to you on 31
March 2021 from Subdivision Compliance Of icer – Jonathan Anderson, in which it was explained that
Council was unaware at the time it certified the original subdivision that the boundaries of the Right of
Way (RoW) over your property didn’t fully align with the formed vehicle track. Likewise, in an email of
20 July 2021, to yourself from Manager Compliance and Advice – Matthew Borich, provided a detailed
response on the reasons for the request for further information on the RoW.
You have the right, by way of complaint under section 28(1) of the LGOIMA, to request an
investigation and review of the Council’s decision to withhold information by the Ombudsman.
Information about how to make a complaint is available at
www.ombudsman.parliament.nz or
freephone 0800 802 602.
If you require further information, please contact
[email address].
Nāku noa, nā
Danika Morris-Brown
Senior Advisor Of icial information
Complaints & Information Assurance
Wellington City Council