27 November 2020
Media: Local Democracy Reporter
Topic: People trespassed from Council facilities
Enquiry
NOTE: This enquiry follows a request for information lodged under the Local Government Official Information and Meetings Act (LGOIMA) - see HERE
Could I please have an attributable comment from someone from the council on this data, particularly:
- Why are all bans two years in length? Are shorter bans ever considered for lesser offences, or is it a matter of quite a high bar before a ban?
- Who decides that the behaviour is offensive enough to warrant a ban and can a banned person query or appeal it?
- How much of a problem is offensive behaviour (such as those reasons listed in the LGOIMA response) considered for council staff at these locations? Are council staff safe, and do they feel safe at work?
- It appears bans have dropped slightly over these two years. Is that reflective of a longer trend? If so, what is thought to be influencing this?
- Any other relevant point the council might wish to make about this issue.
Response
From Operations Group Manager Jocelyn Mikaere:
- Why are all bans two years in length? Are shorter bans ever considered for lesser offences, or is it a matter of quite a high bar before a ban?
A trespass notice stands for two years as per the Trespass Act 1980.
- Who decides that the behaviour is offensive enough to warrant a ban and can a banned person query or appeal it?Managers in the area concerned (usually in conjunction with the Police or WatchDog Security) make the decision to trespass, in line with Council's Issuing of Trespass Notices Policy, the focus of which is to prevent harm to any person or council-controlled property or space.Although a person has no right of appeal under the Trespass Act, a trespass notice issued by Council can be challenged by seeking a judicial review, making a complaint to the Ombudsman or by challenging the legality of the notice.
- How much of a problem is offensive behaviour (such as those reasons listed in the LGOIMA response) considered for council staff at these locations? Are council staff safe, and do they feel safe at work?
Offensive behaviour occurs from time to time.
To protect the health and safety of staff, council has safety procedures and processes in place. Staff receive specialist training, we use technology such as CCTV, communication devices and phone apps to report health and safety events, and have security guards available.
The safety of our staff and the public is our primary concern and consideration. Along with the measures mentioned above, staff are encouraged to report any concerns to their managers and/or their Health and Safety Representative.
- It appears bans have dropped slightly over these two years. Is that reflective of a longer trend? If so, what is thought to be influencing this?
We are not in a position to speculate about fluctuations, however in some locations additional measures, such as those outlined above, have been implemented to help us identify and deter issues.