I decided to write to the Ombudsman after receiving this LGOIMA response:
LGOIMA [1120382] Response Date: 14th June 2024
Re: Feasibility Study for ‘Relocating the Shirley Library’
“There has been no feasibility study on moving the Shirley Library.”
“You have the right to request the Ombudsman to review this decision.”
25th February 2025
Shirley Community Reserve, Replacement Community Facility, Richmond, Christchurch
Hi
On the 13th June 2024, the Waipapa Papanui-Innes-Central Community Board Resolved PCBCC/2024/00040:
“Part C, 3. Request that staff initiate the process to design an ‘on budget community building’ on Shirley Community Reserve that will enable a mixed use of the Reserve and support recreation, play and social connections.”
https://christchurch.infocouncil.biz/Open/2024/06/PCBCC_20240613_MIN_9127_AT.PDF Page 3
In my opinion, this was a predetermined decision, based on an unsolicited proposal.
https://www.10shirleyroad.org.nz/ccc-draft-ltp-2024-34-workshops/
I would like the Ombudsman to review the attached documents & give feedback on the decision making process for the ‘Shirley Community Reserve, Replacement Community Facility’, as I do not believe this aligns with the Shirley Community Reserve’s purpose & isn’t in the best interests of the communities around Shirley Road.
ShirleyCommunityReserveOmbudsmanInfoFeb2025JoannaGould.pdf
ShirleyCommunityReserveConsultation2023JoannaGould.pdf
(This .pdf was uploaded as ‘Supporting Information’ as part of my online submission to the Board’s 2023 Consultation.
Elected members didn’t receive this document until the 10th June 2024, after I read the Board meeting agenda & realised it was missing from the Report.)
Please contact me if you have any questions.
Thanks,
Joanna Gould
30th April 2025
Office of the Ombudsman – Ref 0026065
Please find attached letter of response.
This letter explains why the Ombudsman is currently not investigating your complaint and provides advice on the next steps you should take.
– Role of the Ombudsman
Under the Ombudsmen Act 1975, an Ombudsman may investigate the actions and decisions of the central and local government agencies listed in the Act, including the Board, if related to a matter of administration and that affect an individual in a personal capacity.
However, there are also some limits on an Ombudsman’s authority to investigate complaints involving community boards.
Where the decision has been made by the full body of elected members of a board (a ‘committee of the whole’), an Ombudsman is not able to investigate that decision, as the powers of an Ombudsman do not include the right to review the exercise of the collective judgement of board members.
In other words, an Ombudsman cannot review the political decisions of a community board. This is set out in section 13(1) of the Ombudsmen Act.
– Your complaint is about a decision of a committee of the whole
You have raised concerns that the decision made by the Board does not align with the Community Reserves purpose and it isn’t in the best interest of the community. While this is your view on the matter, the decision not to adopt the replacement community facility was ultimately made by the committee of the whole as set out the Boards minutes. As such, the Ombudsman cannot investigate the decision.
If you believe that the Board has made its decision based on incorrect advice, for example the supporting documents missing from your online submission, then it is open to you to raise these concerns with the Christchurch City Council for consideration.
This includes formally complaining to the Chief Executive of the agency, who is often in a position to resolve the matter or at least provide an explanation.
You can do this on its website: Make a formal complaint : Christchurch City Council.
If you remain dissatisfied with the response from the Council you can return to the Ombudsman.
The extent to which the Ombudsman can assist will be considered.
It is important to note that any such complaint would need to be specifically about the advice and not about the ultimate decision which the Board made based on that advice.
You would also need to explain why the advice was incorrect or unreasonable.
This is different to disagreeing with the advice or preferring a different option.
While the Ombudsman recognises that being able to participate in decision-making processes is in the public interest, Boards are elected to make decisions on behalf of the community they represent, and it is through the election of local authorities once every three years that the public can show its approval or disapproval of political decisions.