Know your rights when dealing with Council

July 20, 2018

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This page is supporting information to the article “Get to know your rights” published in Bay Waka, Spring issue 12, page 14, found here.

Standing up for yourself – 101

Our local government, Tauranga City Council, has a great deal of power – their decisions affect many aspects of our lives – homes, roads, what we can do, how and where we can do it and who can do it. Like each of us, Council doesn’t always get it right. They are working in difficult circumstances – growth in Tauranga is unprecedented. But also like us, they are accountable for their decisions. If you think a decision made by Council does not follow Council Regulations, what can you do? Hire a lawyer yes. You can’t afford a lawyer?

These are things I have learned over the past year or so. I am not an expert – and am still learning – and making my share of mistakes! – but if there is something you want to challenge, the following could be useful – kia kaha!

Complaints

Think about what you want – you are complaining about something – what would make it right for you?
Council has a complaints policy, use it: www.tauranga.govt.nz/council/contact-us/feedback-and-complaints.
Follow the procedure, if your issue is not resolved this way, don’t give up.

Council Policies

Read up on TCC’s policies that relate to your issue – it’s not always easy to understand, phone or e-mail and ask them to explain it to you.

Two working days reply

TCCs website states that if you contact them you will get a reply within two working days. If you don’t, phone or e-mail again.

Pro-Bono lawyer

If you want to talk to a pro-bono lawyer try: www2.justice.govt.nz/find-a-legal-aid-lawyer/

Ombudsman

The Ombudsman helps the community in its dealings with government agencies. Anyone can complain to the Ombudsman. It is free, do it on-line, by e-mail, fax or letter. The staff in the Office of the Ombudsman are helpful and friendly, they will help you if you have any questions about how to do your complaint.
If the Ombudsman thinks your complaint is valid, they will investigate and if they decide Council has been unreasonable, there will be a public record of their findings: www.ombudsman.parliament.nz/

Disputes Tribunal

If you believe you have suffered damages, you can lodge a claim up to $15 000.00 with the Disputes Tribunal. You represent yourself, there is lots of helpful information on the website, lodge your claim on-line. The maximum you will pay, depending on how much you are looking for in damages, is $180.00: www.disputestribunal.govt.nz/

Hard copy backups

Keep HARD PRINTED copies in a file, of all your correspondence with TCC.

Official Information Act request

If you need information relating to your issue, you can issue a LGOIMA (Local Government Official Information Act).
Do it online, there is advice there on how to do it. It’s free, TCC is then obliged to give you all the information you are requesting: www.ombudsman.parliament.nz/system/paperclip/document_files/document_files/2465/original/making_oi_requests_-_guide_for_requesters.pdf?1516146924