26 February 2021
OIA Reference #: OIA2020122801
John Jenkinson
Email:
[FYI request #14373 email]
Tēnā koe John
Official Information Act 1982 (OIA) – Response – OIA2020122801
Thank you for your official information request regarding specific documents and emails related to 29
Everton Terrace, which was received by Capital & Coast District Health Board (CCDHB) on 28 December
2020. You requested the following information:
1. Email from Mr Phillip Butter to me in early March 2019, and any
responses that I have sent regarding the offer to sell 29 Everton Terrace.
2. Instructions given to CBRE valuers from Mr Phillip Butter/Thomas
Davis/Fiona MacGregor in August 2019.
3. Emails and/or correspondence regarding the sale price and identity from
Phillip Butter/Thomas Davis in August 2020.
4. Emails/documents/Board meeting minutes regarding the change in sale
process to an Auction format in July-October 2020.
5. A copy of the geotechnical report referenced by Nicola Duffy in her email
from April 2010.
On 15 February 2021, we notified you that you could expect a response from us on or by 26 February
2021.
Our response to your request is outlined below.
Response
1. Email from Mr Phillip Butter to me in early March 2019, and any responses that I have sent
regarding the offer to sell 29 Everton Terrace.
We attach the email Mr Butter sent to you dated 26 March 2019. As for any responses that you have
sent, we believe you should have these already.
2. Instructions given to CBRE valuers from Mr Phillip Butter/Thomas Davis/Fiona MacGregor in
August 2019.
Capital & Coast DHB | Private Bag 7902, Newtown, Wellington 6242
Wellington Regional Hospital, Riddiford Street, Newtown, Wellington 6021
www.ccdhb.org.nz | Phone: 04 385 5999
| Fax: 04 385 5856
Our instructions to our valuer’s have already been withheld under section 9(2)(j) in our OIA response
dated 21 December 2020 to enable CCDHB to carry on, without prejudice or disadvantage, negotiations
(including commercial and industrial negotiations).
In accordance with section 9(1) of the OIA, we do not consider these commercial interests to be
outweighed by any other public interest considerations in favour of disclosure.
3. Emails and/or correspondence regarding the sale price and identity from Phillip Butter/Thomas
Davis in August 2020.
Any emails and correspondence regarding the sale price and identity of the third party are withheld
under sections 9(2)(a) and 9(2)(b) of the OIA, to protect the privacy of those individuals and protect
information that would be likely unreasonably to prejudice the commercial position of the person who
supplied or is subject of the information respectively. This is the same decision we gave in our OIA
response dated 21 December 2020.
In accordance with section 9(1) of the OIA, we do not consider these privacy and commercial interests
to be outweighed by any other public interest considerations in favour of disclosure.
4. Emails/documents/Board meeting minutes regarding the change in sale process to an Auction
format in July-October 2020.
As there was never an auction process introduced during the possible sale of this parcel of land
therefore there are no emails, documents or Board minutes to this affect. We must therefore decline
this aspect of your request under section 18(e) of the OIA, as the information sought does not exist.
5. A copy of the geotechnical report referenced by Nicola Duffy in her email from April 2010.
We have searched all of the records we have and can find no electronic or hard copy of the
geotechnical report referenced by Nicola Duffy. We must therefore decline this aspect of your request
under section 18(e) of the OIA as, despite reasonable attempts to locate the information, it cannot be
found.
I trust this information fulfils your request. You have the right, under section 28 of the OIA, to seek an
investigation and review by the Ombudsman of this decision. Information about how to make a
complaint is available at
www.ombudsman.parliament.nz or you can free phone 0800 802 602.
Ngā mihi
Fionnagh Dougan
Āpiha Whakahaere Mātāmua | Chief Executive
Encl.
1. OIA2020122801 – Appendix 1 of 1 – Email PButter-JJenkinson March 2019
Capital & Coast DHB | Private Bag 7902, Newtown, Wellington 6242
Wellington Regional Hospital, Riddiford Street, Newtown, Wellington 6021
www.ccdhb.org.nz | Phone: 04 385 5999
| Fax: 04 385 5856