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Note:  Access to this module password restricted.  Access is available only to staff of local authorities that contribute to the SOLGM Risk Management and Legal Compliance Programme.  If you do not know your password contact dmackay@solgm.org.nz


LAND INFORMATION MEMORANDA

UPDATE (AUGUST 2009) - Omdudsman decision on HAIL

The findings of the Ombudsman on the complaint by marty Sharpe (DominionPost) against Hawke's Bay Regional Council have recently been published.  The facts of the complaint related to the release of information about unverified HAIL (Hazardous Activity and Industry) sites.  While the complaint related to a request under for the release of information LGOIMA there is some interesting comment on the relationship between information available on request and information that may be included in LIMS.  You can access the Ombudsman's decision here.

 

UPDATE (5 November 2008):  A revised version of this module was published on 5 November 2008.  Changes have been made to both the content and structure of the module.  Changes to content relate primarily to the incorporation into the module of the effect of the Health (Drinking Water) Amendment Act 2007 which came into effect on 1 July 2008.  The major change to the structure has been that the Topics and Discussion section of the module which was previously linked from Box 8 of Flow diagram 3 has now been separated out as a separate Flow Diagram (the new FD4).  In addition the content of this section has been reviewed and extensively revised.  Finally some changes have been made to the format of the module with a view to making it more user-friendly.  Links have been added to the online version of all legislative provisions that are referred to, and hot tips are now numbered for ease of reference.

NOTE: Given that a significant number of changes have been made we strongly advise people who may have printed “hard copy” of earlier versions to destroy these and replace them with copies of the current version.  If you have designed or reviewed your LIMs processes using a previous version of the module we would suggest that it would be timely recheck these against the contents of the revised module.

OTHER MATERIAL OF INTEREST:

LISTSERVS: If you are interested in sharing information with other local authority staff about LIMS issues, there is now a listserv on LIMS issues available through LGOL.  You may subscribe to a mailing list by sending an email to listserv@listserv.localgovt.co.nz with the words “subscribe LIMS” in the message body.

If you are interested in sharing information with other local authority staff about risk management issue more generally, there is now also a listserv on risk management .  You may subscribe to a mailing list by sending an email to listserv@listserv.localgovt.co.nz with the words “subscribe riskmanagement” in the message body.

RECENT COURT DECISIONS

Staff dealing with LIMS should be aware of the following recent cases:

  • BODY CORPORATE 188529 AND ORS V NORTH SHORE CITY COUNCIL AND ORS HC AK CIV 2004-404-3230 30 April 2008; (download here) and
  • ALTIMARLOCH JOINT VENTURE LIMITED V MOORHOUSE AND ANOR HC BLE CIV-2005-406-000091 3 July 2008 (download here).
“HOT TOPICS” IN RISK MANAGEMENT FOR LOCAL GOVERNMENT SEMINAR

The presentation (download here) and background paper (download here) prepared by Denis Sheard of Waitakere City for the August 2008 conference both deal with issues relating to LIMs.

CONTENT OF MODULE

The sections of the module are:

  1. Providing Information with regard to making a L.I.M. Application & Lodgment
  2. Acceptance of L.I.M. Application
  3. Processing of L.I.M. Application
  4. Current Topics & Discussion Related to Investigation of Property Information
  5. Issuing L.I.M.
  6. Dealing with Complaints Directly Related to L.I.M. Application and Process

Download in PDF Format

The complete module can be downloaded in PDF format from the

foot of the Links and pathways page of the module. 

ABOUT THE MODULE

The module was developed by a team of specialist practitioners representing Local Authorities of differing sizes and geographical locations across New Zealand. The content is endorsed by RiskPool (indemnifier of the majority of Local Authorities in New Zealand) and has been reviewed by Audit New Zealand and independent legal experts.

The information contained within the module represents nationally agreed good practice processes, expert advice and identification of legislative obligations across the range of activities which collectively make up the LIMs process.  Modules are revised as changes in the relevant legislation happen and are reviewed at intervals of approximately 2 years to ensure that they remain up to date.

The module is not a substitute for professional legal advice and judgment needs to be exercised about seeking such advice where this may be necessary.

ACCESS TO MODULE

If you are interested in obtaining access to the content of this module but do not have access to it please contact dmackay@solgm.org.nz.  Note that access id normally limited to staff of local authorities that subscribe to the SOLGM Risk Management and Legal Compliance Programme.

 

 

 



The guidance modules published by the programme are designed to assist local authority managers gain assurance that their processes comply with legal obligations.  They are not a substitute for the seeking of professional legal advice and the exercise of sound judgement about when it is necessary to do so.