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Official information Request Under the Official Information Act 1982, concerning Trevor Gunn in his public dog-control and enforcement role

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LGOIMA REQUEST — TREVOR GUNN

Dog-control conduct, complaints, enforcement powers, seizure and destruction records, and attendance at Court

To: Rangitikei District Council

Subject: Request under the Official Information Act 1982, concerning Trevor Gunn in his public dog-control and enforcement role

Purpose and scope

I request official information concerning Trevor Gunn in his role as a dog ranger, dog-control officer, contractor, employee, agent, or other person exercising dog-control or enforcement functions for or on behalf of the Council.

This request concerns conduct in the performance of public duties, the exercise of statutory or delegated enforcement powers, and attendance at or around Court in connection with matters involving the Police and Council, its enforcement activities, or persons affected by those activities.

It does not seek information concerning Trevor Gunn’s private life.

Information requested

A. Complaints and conduct

1. Please state the number of complaints received concerning Trevor Gunn’s conduct toward members of the public while carrying out dog-control or enforcement duties.
2. Of those complaints, please state how many involved allegations concerning:
    a. threatening or intimidating behaviour;
    b. swearing, abusive, aggressive, or inappropriate language;
    c. inappropriate physical behaviour;
    d. inappropriate or dangerous use of a motor vehicle;
    e. recording members of the public;
    f. misuse or threatened misuse of dog-control or enforcement powers;
    g. threatened or actual seizure of a dog; or
    h. inappropriate treatment, euthanasia, or destruction of a dog.
3. For each category above, please state how many complaints were:
    a. upheld;
    b. partly upheld;
    c. not upheld;
    d. unresolved; or
    e. otherwise concluded.
4. Please provide copies of any final findings, complaint outcomes, formal warnings, disciplinary findings, directions, remedial action, performance-management outcomes, or other recorded conclusions arising from complaints about Trevor Gunn’s official conduct.

Personal information unrelated to his official functions may be redacted where lawfully required.

B. Dog seizure, impoundment, euthanasia, and destruction

5. For each of the last five financial years, please provide the number of dogs that Trevor Gunn:
    a. seized or removed;
    b. caused or authorised to be impounded;
    c. recommended for destruction;
    d. authorised for destruction, if he held such authority; or
    e. personally participated in having euthanised or destroyed.
6. For the dogs identified in question 5, please provide the recorded reason for the action, preferably by aggregate category, including:
    a. attack or injury;
    b. dangerous or menacing status;
    c. roaming;
    d. failure to register;
    e. unpaid registration fees or other charges;
    f. animal-welfare or veterinary grounds;
    g. owner surrender;
    h. Court order; and
    i. any other recorded reason.

C. Authority, policies, delegations, and procedures

7. Please provide all current policies, codes of conduct, operational procedures, training requirements, delegations, warrants, appointments, authorities, and instructions governing Trevor Gunn’s conduct and powers as a dog ranger, dog-control officer, contractor, employee, agent, or enforcement officer.

This includes policies or instructions concerning:

a. interaction with members of the public;
b. use of force;
c. entry onto private property;
d. seizure and impoundment of dogs;
e. euthanasia or destruction of dogs;
f. audio, video, photographic, or other recording of members of the public;
g. requests for Police assistance; and
h. attendance at Court or other judicial proceedings in connection with Council enforcement matters.

D. Trevor Gunn’s attendance at Court

Regarding the most recent Court appearance involving this matter, please provide the following information concerning Trevor Gunn’s attendance at Court:

8. In what official, employment, contractual, enforcement, representative, personal, or other capacity was Trevor Gunn present at the Court?
9. What was the purpose of his attendance?
10. Who requested, directed, authorised, instructed, invited, or otherwise arranged for Trevor Gunn to attend?
11. Was Trevor Gunn attending:

a. on behalf of the Council;
b. on behalf of Police;
c. on behalf of the prosecution;
d. on behalf of another public body or agency;
e. as a witness or potential witness;
f. in connection with his dog-control or enforcement role; or
g. in a personal capacity?

If another capacity applied, please identify it.

12. Please provide any record showing the reason for or authority under which Trevor Gunn attended, including any:

a. instruction;
b. request;
c. roster;
d. authorisation;
e. email;
f. text or other message;
g. file note;
h. meeting note;
i. internal communication; or
j. correspondence with Police, prosecutors, Court staff, or another agency.

Recording at or around Court

13. Was Trevor Gunn authorised to make any audio, video, photographic, electronic, or other recording in or around the Court?
14. If so:

a. who authorised or approved the recording;
b. when was that authority given;
c. what was the purpose of the recording;
d. what area or persons was he authorised to record;
e. under what policy, delegation, statutory authority, Court permission, or other authority was the recording undertaken; and
f. was Court staff, Court security, Police, the prosecution, or any other relevant person or agency informed of or asked to approve the recording?

15. Please provide copies of any permission, authority, request, instruction, communication, policy, or other record relating to such recording activity.

Records resulting from attendance

16. Were any records created, received, retained, or subsequently communicated as a result of Trevor Gunn’s attendance at Court or events occurring immediately before or after that attendance?

If so, please provide those records, including any:

a. audio or video recordings;
b. photographs;
c. written notes;
d. incident reports;
e. file notes;
f. memoranda;
g. emails;
h. text or electronic messages;
i. internal reports;
j. communications with Police;
k. communications with prosecutors or legal representatives;
l. communications with Court staff or security; or
m. communications with another Council officer, contractor, or public agency.

17. Please state whether the Council holds any complaint, incident report, correspondence, CCTV-related communication, notification, or other record concerning Trevor Gunn’s conduct at or immediately outside the courthouse, including any reported:

a. threatening or intimidating conduct;
b. abusive or inappropriate language;
c. recording activity;
d. interaction with a party to the Court proceedings; or
e. incident involving a motor vehicle.

Consideration of the effect upon Court attendees

18. Before or after Trevor Gunn’s attendance, was any consideration given by the Council or any person acting on its behalf to the effect that his presence, conduct, or recording activity might have upon parties attending Court?
19. In particular, was any consideration given to whether that conduct could reasonably be perceived by a person attending Court as:

a. surveillance;
b. monitoring;
c. pressure;
d. intimidation;
e. interference with access to justice; or
f. conduct capable of discouraging or affecting participation in Court proceedings?

20. If any such consideration, assessment, discussion, complaint, review, or decision occurred, please provide the relevant records.

If the Council does not hold any of the information requested above, please identify, to the extent known, the agency, public body, office, contractor, or person believed to hold it.

Where the requirements for transfer under the Local Government Official Information and Meetings Act 1987 are met, please transfer the relevant part of this request to the appropriate agency and advise me of that transfer.

Where information is held by the Ministry of Justice, Police, Crown/prosecution services, or another public authority rather than the Council, please identify that fact rather than treating the question as unanswered.

If any information is withheld, please:

1. identify the specific statutory provision relied upon;
2. identify which particular information that provision has been applied to; and
3. consider whether the information can instead be released in redacted, anonymised, statistical, summary, or other alternative form.

Where no responsive record exists, please expressly state that no record is held, rather than leaving the question unanswered.

This request seeks objective records concerning public functions, official attendance, authority, decision-making, and recorded conduct. It does not ask the Council to speculate about Trevor Gunn’s or any other person’s motives.

 
In good faith
David Mills and Brigitta Maas