Anticorruptionnz's Blog

05/08/2011

council gets press release wrong !

Filed under: AWINZ,corruption,Neil Wells — anticorruptionnz @ 5:45 pm

Over the years I have been questioning the legal existence of AWINZ ,  I found it incredible that the so called CEO of  this non existent law enforcement authority  was one and the same person as the   manager of  dog and stock control Waitakere  city council.

Recently I have collated  news items  and found this one  which states “Waitakere Animal Welfare is the only local authority animal welfare unit in Auckland to have special delegated authority to investigate and prosecute animal welfare cases. “

I sent off a LGOIMA  request   and today received the reply   both documentsare here  and I have collated  the  questions  below .

It should be noted that  the  document is called a media release from Waitakere  city

From: Grace Haden [mailto:grace@verisure.co.nz]

Sent: Friday, 22 July 2011 11:27 a.m.

To: ‘Doug.McKay@aucklandcouncil.govt.nz’ (Doug.McKay@aucklandcouncil.govt.nz)

Subject: Official Information act request.

Good morning

I have  this week established that the Waitakere city   dog and stock control unit run a programme for the adoption of  cats.

Under the official information act please advise

1.            Under which act and section   this “service “ is facilitated.reply

From previous correspondence with Waitakere City Council you will be aware that prior to 30 June 2003 the council’s animal activities were undertaken in accordance with specific legal advice from Matthew Casey, which have previously been provided to you and that since 1 July 2003 the council has had powers of general competence under section 12(2) of the Local Government Act 2002 (2).

12 Status and powers

  • (1) A local authority is a body corporate with perpetual succession.

(2) For the purposes of performing its role, a local authority has—

  • (a) full capacity to carry on or undertake any activity or business, do any act, or enter into any transaction; and
  • (b) for the purposes of paragraph (a), full rights, powers, and privileges.

2.            What consideration has been given to this function being Ultra Vires  for council reply See above

3.            How is the cattery funded  reply The cattery is funded by both rates and by revenue from adoption fees.

Approximately 60% from rates and 40% from revenue. Some of the labour contribution is on a voluntary basis

4.            Who pays the staff  looking after the  cats. reply  The council

I have also Linked  a newspaper item  and  raise questions with regards to   the prosecutions undertaken by the council under the animal welfare act

“Waitakere Animal Welfare is the only local authority animal welfare unit in Auckland to have special delegated authority to investigate and prosecute animal welfare cases “. http://www.scoop.co.nz/stories/AK0912/S00311.htm

Under the official information act  please advise

  1. What funds  did the council  ( Waitakere ) receive for prosecutions under the animal welfare act   reply None
  2. How many prosecutions  were there   reply None
  3. Under which act and section was the  council able to prosecute. – reply Not applicable  
  4. How did the  animal welfare unit obtain  the delegated authority – reply Not applicable
  5. When  did the  animal welfare unit  apply to council to  act outside the scope of their local government  duty   and when was it passed though council. – reply Not applicable 

 additional comment from council  From your correspondence with Waitakere City Council, and Ministry of Agriculture and Fisheries, over the years you will be aware that Waitakere City Council was never authorised by MAF to undertake prosecutions under the Animal Welfare Act The statement to the contrary in the press release referred to in your email was wrong.

The  question  just has to be  how  can a press release from the council be so wrong???

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