50 Victoria Street
Private Bag 6995
Wel ington 6141
New Zealand
T 64 4 894 5400
F 64 4 894 6100
25 September 2019
Colleen Bain
[FYI request #10995 email]
REF: OIA-5638
Dear Colleen
Request made under the Official Information Act 1982
Thank you for your email of 16 August 2019 to the Minister of Transport, Hon Phil Twyford, requesting
the following information under the Official Information Act 1982 (the Act):
1.Please provide the following:
(a)All information provided to you in relation to the recent decision to remove the Bayfair
underpass from the scope of the Baylink project including but not limited to any change
requests, memos, reports, and background documents (or equivalent) on which the decision
was based; (b)All information on which the information requested in 1(a) was based including
but not limited to any risk and/or impact assessments in relation to the risk and impact on the
surrounding community and the impact on traffic flows from pedestrians and cyclists crossing
Maunganui Road at ground level, the impact of the decision on NZTA’s focus on creating
accessible ‘liveable communities’, alternatives that were considered other than removing the
underpass from the project, reports, background documents, correspondence and other
communications which informed the information in 1(a); and (c)All information provided to
decision-makers in relation to the 2018 decision to retain the Bayfair underpass from the Baylink
project including but not limited to any change requests, memos, reports, and background
documents (or equivalent) on which the decision was based.
Point (b) and (c) of your request were transferred to the NZ Transport Agency on 21 August 2019
under section 14(b) of the Act.
Your questions and my responses are below.
(b)All information on which the information requested in 1(a) was based including but not limited
to any risk and/or impact assessments in relation to the risk and impact on the surrounding
community and the impact on traffic flows from pedestrians and cyclists crossing Maunganui
Road at ground level, the impact of the decision on NZTA’s focus on creating accessible
‘liveable communities’, alternatives that were considered other than removing the underpass
from the project, reports, background documents, correspondence and other communications
which informed the information in 1(a);
Please find enclosed a copy of the documents falling within scope of your request. For your
convenience, a Document Schedule has been provided, outlining the document title, date and
description.
• Attachment 1: Scheme Assessment Report and Appendices 17 December 2014.
• Attachment 2: Road Safety Audit of the Conceptual Design September 2016.
• Attachment 3: SH2 Baypark to Bayfair 50-85% detailed design RSA Issue B.
• Attachment 4: Pedestrian and Cyclist Underpass Grade Separation Options 20
November 2017.
• Attachment 5: Emails RE BayLink Road Safety Audit.
• Attachment 8: Baylink Underpass Memo Final 21 June 2019.
• Attachment 9: Emails Baylink Underpass Memo.
• Attachment 10: BRI-1766 Baylink 9 August 2019.
• Attachment 11: excerpt of Weekly Report to the Minister #154 5 July 2019.
Certain information has been withheld from the documents under section 9(2)(a) of the Act. This
section allows for the withholding of information to protect the privacy of natural persons. Certain
information is also withheld under section 9(2)(b)(ii) to protect information where the making available
of the information would be likely unreasonably to prejudice the commercial position of the person who
supplied.
In order for the Transport Agency to maintain the effective conduct of public affairs through the free
and frank expression of opinion by or between or to Ministers of the Crown or members of an
organisation in the course of their duty, information has also been withheld from attachment 8 and 9
under section 9(2)(g)(i) of the Act.
To maintain the constitutional conventions for the time being, information has been withheld from
attachment 10 to protect the confidentiality of advice tendered by Ministers of the Crown and officials
under section 9(2)(f)(iv) of the Act.
Traffic modelling of the new signalised roundabout with cycle/ bus prioritisation is still under
development and traffic impact is still being tested. Furthermore, the Transport Agency has not
completed any reports on the impact of the underpass removal on liveable communities. These parts
of your request have therefore been refused under section 18(e) of the Act as the information
requested does not exist.
In order to provide further context to your comments about the possible impact of traffic flows from
pedestrians and cyclists crossing Maunganui Road at ground level, it is expected that approximately
50% of traffic flow currently moving through the Bayfair roundabout will be diverted to the new flyover
bridge at the completion of the Bay Link project.
(c)All information provided to decision-makers in relation to the 2018 decision to retain the
Bayfair underpass from the Baylink project including but not limited to any change requests,
memos, reports, and background documents (or equivalent) on which the decision was based.
I have enclosed the following documents that are within scope of your request:
•
Attachment 6 (Underpass Concept Design Report Including Costs - 18 September
2018).
•
Attachment 7 (Scope Variation for BayLink Underpass MGI active modes
recommendation – 19 September 2018).
Personal information has again been withheld from Attachment 6 under section 9(2)(a) of the Act,
some information is withheld under section 9(2)(b)(ii) to protect information where the making available
of the information would be likely unreasonably to prejudice the commercial position of the person who
supplied. Meanwhile, Attachment 7 has been released to you in full.
In respect to the information that has been withheld, I do not consider that it is in the public interest to
make this information available.
Under section 28 of the Act, you have the right to ask the Ombudsman to review my decision to
withhold some information and refuse parts your request. You can find the contact details for the
Ombudsman a
t www.ombudsman.parliament.nz.
If you would like to discuss this reply with the NZ Transport Agency, please contact Sarah Lee-Crellin,
Media Manager, by email to [email address].
Yours sincerely
Kevin Reid
Acting Senior Manager, Project Delivery
OIA-5638 document schedule
Ref.
Document name
Document date
Document description
1.
Attachment 1: Scheme Assessment
17 December 2014
Some information is withheld:
Report and Appendices 17
December 2014
- section 9(2)(a) to protect the
privacy of natural persons
- section 9(2)(b)(ii) to protect
information where the
making available of the
information would be likely
unreasonably to prejudice
the commercial position of
the person who supplied.
2.
Attachment 2: Road Safety Audit of
September 2016
Personal information, such as
the Conceptual Design September
name and DDI, are withheld
2016
under section 9(2)(a) to protect
the privacy of natural persons.
3.
Attachment 3: SH2 Baypark to
October 2017
Personal information, such as
Bayfair 50-85% detailed design RSA
name and DDI, are withheld
Issue B October 2017
under section 9(2)(a) to protect
the privacy of natural persons.
4.
Attachment 4: SH2 Pedestrian and
20 November 2017
Personal information, such as
Cyclist Grade Separation Options at
name and DDI, are withheld
B2B project (working draft) 20
under section 9(2)(a) to protect
November 2017
the privacy of natural persons.
5.
Attachment 5: Email Re: Bay Link:
18 May 2018
Personal information, such as
Road Safety Audit 18 May 2018 with
name and DDI, are withheld
email attachment
under section 9(2)(a) to protect
the privacy of natural persons.
6.
Attachment 6: Underpass – Concept
18 September 2018
Some information is withheld:
Design Report Including Costs 18
September 2018
- under section 9(2)(a) to
protect the privacy of natural
persons
- under section 9(2)(b)(ii) to
protect information where
the making available of the
information would be likely
unreasonably to prejudice
the commercial position of
the person who supplied.
7.
Attachment 7: Scope Variation for
19 September 2018
Released in full
BayLink Underpass MGI active
modes recommendation – 19
September 2018
8.
Attachment 8: Baylink Underpass
21 June 2019
Some information is withheld
Memo Final 21 June 2019
under:
- section 9(2)(g)(i) to maintain
the effective conduct of
public affairs through the
Ref.
Document name
Document date
Document description
free and frank expression of
opinion by or between or to
Ministers of the Crown or
members of an organisation
in the course of their duty
- section 9(2)(a) to protect the
privacy of natural persons
- section 9(2)(b)(ii) to protect
information where the
making available of the
information would be likely
unreasonably to prejudice
the commercial position of
the person who supplied.
9.
Attachment 9: emails Baylink
26 June 2019
Some information withheld:
Underpass Memo.docx 26 June 2019
- under section 9(2)(a) to
protect the privacy of natural
persons
- under section 9(2)(g)(i) to
maintain the effective conduct
of public affairs through the
free and frank expression of
opinions by members of an
organisation in the course of
their duty.
10. Attachment 10: BRI-1766 Bayfair 9
9 August 2019
Some information withheld:
August 2019
- under section 9(2)(a) to
protect the privacy of natural
persons
- under section 9(2)(f)(iv) to
maintain the constitutional
convention for the time being
which protect the
confidentiality of advice
tendered by Ministers of the
crown.
11. Attachment 11: excerpt 154 Weekly
5 July 2019
Some information withheld
Report WE 05 July 2019.pdf
under section 9(2)(a) to protect
the privacy of natural persons
