‘Open Letter /LGOIMA request’ to Auckland Council CEO Doug Mckay – re: Statutory duties arising from s.17 (1) of the Public Records Act 2005:

10 March 2011

Auckland Council CEO
Doug McKay

‘Open Letter /LGOIMA request’
re: Statutory duties arising from s.17 (1) of the Public Records Act 2005:

“Every public office and local authority must create and maintain full and accurate records of its offices in accordance with normal prudent business practice, including the records of any matter which is contracted out to an independent contractor”.

Dear Doug,

Please provide the following information:

1) The information which confirms that prior to amalgamation under the Auckland Council, each of the following local authorities had created and maintained a (central) ‘Register of Contracts’ for any matter which was contracted out to an independent contractor:

(Independent contractor to include ‘consultant’ contractors.)

a) Auckland Regional Council (ARC)
b) Auckland City Council
c) Manukau City Council
d) Waitakere City Council
e) North Shore City Council
f) Rodney District Council
g) Papakura District Council
h) Franklin District Council

2) Please provide the information which confirms that prior to amalgamation under the Auckland Council, how many Council Controlled Organisations (CCOs) operated under each of the following local authorities:

a) Auckland Regional Council (ARC)
b) Auckland City Council
c) Manukau City Council
d) Waitakere City Council
e) North Shore City Council
f) Rodney District Council
g) Papakura District Council
h) Franklin District Council

3) Please provide the information which confirms that prior to amalgamation under the Auckland Council, that each ‘Council Controlled Organisation’ (CCO) operating under each of the above-mentioned local authorities had created and maintained a (central) ‘Register of Contracts’ for any matter which was contracted out to an independent contractor.

4) Please provide the information which confirms that for the time that the Auckland Transition Agency (A.T.A.) was operating, that they had created and maintained a (central) ‘Register of Contracts’ for any matter which was contracted out to an independent contractor.

5) Please provide the information which confirms that for the time the Auckland Council has been operating, there has been created and maintained a (central)  ‘Register of Contracts’ established for for any matter which has been contracted out to an independent contractor.

6) Please provide the information which confirms that for the time the each of the following Auckland Council ‘Council Controlled Organistions’ (CCOs); Council organisations and ‘statutory entities’ has been operating, there has been created and maintained a (central)  ‘Register of Contracts’ established for for any matter which was contracted out to an independent contractor.

a) Auckland Council Investments (ACIC)
b) Auckland Tourism, Events and Economic Development (TEED)
c) Regional Facilities Auckland (RFA)
d) Auckland Council Property Ltd (ACPL)
e) Auckland Waterfront Development Agency (AWDA)
f) Watercare Services Ltd
g) Auckland Transport

7) Please provide the information which confirms that in each of the above-mentioned categories, auditors responsible to the Office of the Auditor-General, have double-checked that a (central) ‘Register of Contracts’ has been created and maintained.

8) Please provide the information which confirms that in accordance with normal prudent business practice, Auckland Council has now ‘amalgamated’, created and maintains full and accurate  records of any matter which has been contracted out to an independent contractor, including the above-mentioned Auckland Council ‘Council Controlled Organistions’ (CCOs); Council organisations and ‘statutory entities’.

9) Please provide the name and position of the Auckland Council employee who is ultimately responsible for the creation and maintenance of records of any matter which is contracted out to an independent contractor, as defined in s17 of the Public Records Act 2001, and would bear ultimate responsibility for any of the following offences:

www.legislation.govt.nz/act/public/2005/0040/latest/DLM345796.html?search=ts_act_Public+Records+Act+2005_resel&p=1#DLM345796

61 Offences

Every person commits an offence who wilfully or negligently—

(a) damages a public record; or

(b) disposes of or destroys a public record otherwise than in accordance with the provisions of this Act; or

(c) contravenes or fails to comply with any provision of this Act or any regulations made under it.

Yours sincerely,

Penny Bright

Media Spokesperson
Water Pressure Group
Judicially recognised Public Watchdog on Metrowater, water and Auckland regional governance matters.

“Anti-corruption campaigner”.

Attendee: Australian Public Sector Anti-Corruption Conference 2009
Attendee: Transparency International’s 14th Anti-Corruption Conference 2010
Auckland Mayoral Candidate 2010.

Independent Candidate Botany by-election 2011.

https://waterpressure.wordpress.com

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