Official Information Request - 12 March 2019 (Weather)

Sent: Tuesday, 9 April 2019 4:43 p.m.

Subject: LGOIMA request - weather tightness building claims

I refer to your email of 12 March 2019 requesting information regarding weather tightness building claims in Rotorua under the Local Government Official Information and Meetings Act (LGOIMA).

The answers to your questions are as follows.

The number of ongoing cases involving Rotorua Lakes Council in relation to weather tightness issues in buildings:

1. Rotorua Lakes Council has two ongoing weather tightness proceedings. The subject matter of the two proceedings is the same.

The full names of parties involved and case numbers:

2. We take your request to mean the parties involved in the claims against Rotorua Lakes Council.

CIV 2013-404-1899

3. The plaintiffs are:

• 1. Minister of Education;
  2. Secretary of Education;
  3. Ministry of Education;
  4. Board of Trustees of Orewa Primary School.

4. The third defendant is Carter Holt Harvey.

5. Rotorua Lakes Council is the twelfth third party.

6. Rotorua Lakes Council has not joined any fourth parties.

CIV 2016-404-2991

7. The plaintiff is Carter Holt Harvey.

8. Rotorua Lakes Council is the twelfth defendant.

9. Rotorua Lakes Council has not joined any third parties.

The number of court cases completed in the past two years involving Rotorua Lakes Council in relation to weather tightness issues:

10. The Rotorua Lakes Council has been involved in two court cases that have been completed in the past two years (13 March 2017 to 13 March 2019) in relation to weather tightness issues.

The full names of parties involved in those cases and case numbers:

11. The case numbers were CIV 2014-463-018 and CIV 2016-404-001156.

12. In CIV 2014-463-018, the council was the first defendant. In CIV 2016-404-001156, the council was a third party.

13. The council withholds the remaining information requested under section 6(a) of LGOIMA because disclosing the information could prejudice the maintenance of the law. In respect of some of the remaining information requested, the council withholds disclosing the same because it is necessary to protect the privacy of natural persons (section 7(2) of LGOIMA).

The total cost of legal fees to Rotorua Lakes Council over the past two years in dealing with court cases relating to weather tightness issues in buildings

14.$60,121.05.

The total amount of money paid out by the Rotorua Lakes Council over the past two years as a result of settlements relating to weather tightness issues in buildings

15. The council withholds the information requested under section 6(a) of LGOIMA because disclosing the information would prejudice the maintenance of the law.

As per the Act, we are obliged to advise that you may contact the Ombudsman at the address below if you have any concerns with the response provided by Council, by writing to:

The Office of the Ombudsman

PO Box 10 152

WELLINGTON 6143

Alternatively, you may email info@ombudsman.parliament.nz or use the online complaints form available at www.ombudsman.parliament.nz/make-a-complaint.

Regards