I was recently motivated to ponder just what constitutes a “working day” for Auckland Council.
1.
On 7/12/15 I raised some questions with Auckland Council regarding drownings of toddlers in private swimming pools in Auckland since 1/11/10 (the date of inception of Auckland Council).
On 9/12/15 I was told my request would be treated as a “LOIMA request”. (I believe they meant LGOIMA request (Local Government Official Information and Meetings Act, 1987)). I was told “I understand the requirement is for me to get back to you within 20 working days.”
Upon checking I found Section 2 of LGOIMA defines “working day” as “any day of the week other than-
(a) Saturday, Sunday, Good Friday, Easter Monday, Anzac Day, Labour Day, the Sovereign’s birthday, and Waitangi Day; and
(ab) if Waitangi Day or Anzac Day falls on a Saturday or Sunday, the following Monday; and
(b) a day in the period commencing with 25 December in any year and ending with 15 January in the following year.”
2.
Then on 10/12/15 I received a letter from Council dated 7/12/15 on another matter – a supplementary valuation on my property. It gave me until 12 January 2016 to object. But a large part of that period is covered by non-working days I thought. – Silly me! The definition of a “working day” for the Rating Valuations Act 1988 is governed by Section 29 of the Interpretation Act 1999 and is defined as
“a day of the week other than-
(a) a Saturday, a Sunday, Waitangi Day, Good Friday, Easter Monday, Anzac Day, the Sovereign’s birthday, and Labour Day; and
(b) a day in the period commencing with 25 December in a year and ending with 2 January in the following year; and
(c) if 1 January falls on a Friday, the following Monday; and
(d) if 1 January falls on a Saturday or a Sunday, the following Monday and Tuesday; and
(e) if Waitangi Day or Anzac Day falls on a Saturday or Sunday, the following Monday”
With these inconsistencies I wondered what was the point of the Interpretation Act –largely regarded as the Bible for statutory Legislation and definitions?
Under Section 2 it states
“the purposes of this Act are –
(a) to state principles and rules for the interpretation of legislation; and
(b) to shorten legislation; and
(c) to promote consistency in the language and form of legislation”
YEAH RIGHT!
3.
However my concerns didn’t end there.
On 24 December I rang 3010101 and asked to speak to a Council Officer.
“Oh, no” I was told “this is Christmas Eve, all Departments closed yesterday.”
I pointed out this was a working day and asked if Council staff were being paid for not working on a “working day.” I was told that was none of my business but I pointed out that, as a ratepayer, I regarded it very much as my business. Eventually I contacted the Deputy Mayor who contacted the Deputy CEO who has informed me “I will follow through and someone will be in touch in the new year.”
Accountability in Auckland Council 