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Disposal of School Land - Freeville School, Christchurch

Pat O'Connell made this Official Information request to Ministry of Education

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From: Pat O'Connell

Dear Ministry of Education,

I wish to enquire as to the process used to dispose of the surplus land used for the now-closed Freeville school in Christchurch (Title Reference CB694/40, Lot 202, DP 18657).

This land was previously owned by my grandfather, William Nicholas Ryan, but was acquired under the Public Works Act, 1928, for use as a school. The notification of the acquisition was, I believe, in the late 1940s. The actual sale to the Crown took place in 1956 after my grandfather had died, and was purchased from my grandmother, Mary Catherine Ryan, his widow.

My understanding is that when the Ministry disposes of surplus land, it must in the first instance be offered to the previous owner or his/her successors. This land, however, was sold directly to Ngai Tahu on 9th August, 2018 without our family, the previous owner's descendants, being advised.

As such, I wish to request information describing the process by which this land was sold, and why there was no notification of its disposal to our family.

Yours faithfully,

Patrick O'Connell
+64 27 5534766

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From: Enquiries National
Ministry of Education



Thank you for your email to the Ministry of Education. 

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From: Enquiries National
Ministry of Education

Kia ora Patrick

Thank you for your request for information below. The Ministry will consider and respond to your request in accordance with the Official Information Act 1982 (the Act).

The Act allows up to 20 working days for a response, making the 25th of May 2021 the latest date for our response to you. If more than 20 working days are needed due to the potential workload involved in answering your request, we will notify you accordingly.

Please note, the Ministry may publicly release on our website the response to your request five days after you have received it. Any personal information will be removed.

In the interim, if you have any questions about your request, please email [email address].

Kind regards

Enquiries National Team | Ministry of Education | AG
education.govt.nz

We shape an education system that delivers equitable and excellent outcomes
He mea tārai e mātou te mātauranga kia rangatira ai, kia mana taurite ai ōna huanga

-----Original Message-----
From: Pat O'Connell <[FYI request #15284 email]>
Sent: Tuesday, 27 April 2021 11:39 AM
To: Enquiries National <[email address]>
Subject: [BULK] Official Information request - Disposal of School Land - Freeville School, Christchurch

Dear Ministry of Education,

I wish to enquire as to the process used to dispose of the surplus land used for the now-closed Freeville school in Christchurch (Title Reference CB694/40, Lot 202, DP 18657).

This land was previously owned by my grandfather, William Nicholas Ryan, but was acquired under the Public Works Act, 1928, for use as a school. The notification of the acquisition was, I believe, in the late 1940s. The actual sale to the Crown took place in 1956 after my grandfather had died, and was purchased from my grandmother, Mary Catherine Ryan, his widow.

My understanding is that when the Ministry disposes of surplus land, it must in the first instance be offered to the previous owner or his/her successors. This land, however, was sold directly to Ngai Tahu on 9th August, 2018 without our family, the previous owner's descendants, being advised.

As such, I wish to request information describing the process by which this land was sold, and why there was no notification of its disposal to our family.

Yours faithfully,

Patrick O'Connell
+64 27 5534766

-------------------------------------------------------------------

This is an Official Information request made via the FYI website.

Please use this email address for all replies to this request:
[FYI request #15284 email]

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From: Enquiries National
Ministry of Education

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Kia ora Patrick

 

Please note the attached letter notifying you of the transfer of your OIA
request.

 

Thanks

 

Enquiries National Team | Ministry of Education ^MC
33 Bowen Street, Wellington
[1]education.govt.nz  |  [2]Follow us on Twitter: @educationgovtnz

 

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From: Ministerial Support

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Dear Patrick,

 

Your recent Official Information request to the Ministry of Education was
transferred to Land Information New Zealand (LINZ) to respond. Your
request was received on Friday, 30 April 2021.

 

You can expect a response to your request as soon as possible, and no
later than Friday, 28 May 2021, which is 20 working days after LINZ
received your request.

 

Kind regards,

 

Polonga Tau’alupe
Advisor | Ministerial Support & Official Correspondence

Policy and Overseas Investment

 

[1][email address] | DDI 04 460 2742

 

 

[2]linz_logo_signature_2020 Wellington Office, Level 7, Radio New Zealand
House, 155 The Terrace
PO Box 5501, Wellington 6145, New Zealand

[3]www.linz.govt.nz | [4]data.linz.govt.nz

 

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-----Original Message-----

From: Pat O'Connell <[9][FOI #15284 email]>

Sent: Tuesday, 27 April 2021 11:39 AM

To: Enquiries National <[10][email address]>

Subject: [BULK] Official Information request - Disposal of School Land -
Freeville School, Christchurch

 

Dear Ministry of Education,

 

I wish to enquire as to the process used to dispose of the surplus land
used for the now-closed Freeville school in Christchurch (Title Reference
CB694/40, Lot 202, DP 18657).

 

This land was previously owned by my grandfather, William Nicholas Ryan,
but was acquired under the Public Works Act, 1928, for use as a school.
The notification of the acquisition was, I believe,  in the late 1940s.
The actual sale to the Crown took place in 1956 after my grandfather had
died, and was purchased from my grandmother, Mary Catherine Ryan, his
widow.

 

My understanding is that when the Ministry disposes of surplus land, it
must in the first instance be offered to the previous owner or his/her
successors. This land, however, was sold directly to Ngai Tahu on 9th
August, 2018 without our family, the previous owner's descendants, being
advised.

 

As such, I wish to request information describing the process by which
this land was sold, and why there was no notification of its disposal to
our family.

 

Yours faithfully,

 

Patrick O'Connell

+64 27 5534766

 

-------------------------------------------------------------------

 

This is an Official Information request made via the FYI website.

 

Please use this email address for all replies to this request:

[11][FOI #15284 email]

 

Is [12][Ministry of Education request email] the wrong address for Official
Information requests to Ministry of Education? If so, please contact us
using this form:

[13]https://fyi.org.nz/change_request/new?bo...

 

Disclaimer: This message and any reply that you make will be published on
the internet. Our privacy and copyright policies:

[14]https://fyi.org.nz/help/officers

 

If you find this service useful as an Official Information officer, please
ask your web manager to link to us from your organisation's OIA or LGOIMA
page.

 

 

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This message contains information, which may be in confidence and may be
subject to legal privilege. If you are not the intended recipient, you
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have received this message in error, please notify us immediately (Phone
0800 665 463 or [email address]) and destroy the original message. LINZ
accepts no responsibility for changes to this email, or for any
attachments, after its transmission from LINZ. Thank You.

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From: Pat O'Connell

Dear Ministerial Support,
Thank you for advising that my request has been passed to LINZ. I do however query whether the Ministry of Education might still have some information about this matter. On the Ministry website it is clear what the process is for land disposal. I quote here:

1, The property will be transferred to another government department or territorial local authority if it's needed for another public work.
2. If it's not transferred under step 1, the property will be offered back to the previous owner (or their beneficial successors) if required.
If the land was gifted, then it must be offered to the previous owner(s) at no cost. However, if they choose to take it, they must pay for any Ministry-funded improvements (that is, buildings).
3.If the property isn't returned under step 2 but is subject to a settled Treaty of Waitangi claim, the land is offered to the relevant iwi. For more information, go to Iwi leased school sites.
4.If the property is neither returned under step 2 nor subject to a settled claim, it's assessed under the Māori Protection Mechanism process and the Sites of Significance process.
If a claim is successful under the Māori Protection Mechanism, the property is usually land banked. That is, the Office of Treaty Settlements purchases and holds it until the Government settles the claim.
5. If the property is neither purchased by iwi nor land banked, it's put on the open market for sale.

See also this web page: https://www.education.govt.nz/school/pro...

This process indicates quite clearly the Ministry should have been in contact with our family at the point the land was earmarked for sale. There is no mention of any LINZ involvement.

I'd appreciate your clarification of the steps the Ministry of Education took to contact us, as described above.

Yours sincerely,

Pat O'Connell

Link to this

From: Peter R Hill

Hi Pat

Thank you for your follow up email.

We note the issues that you have raised.

Our response to these issues will be incorporated into our response to your original Official Information Act request which was transferred to LINZ on 30 April 2021.

Regards

Pete Hill
Principal Advisor
Ministerial Support and Official Correspondence

[email address] | DDI 04 460 2784 | MOB 027 235 8389

Wellington Office, Level 7, Radio New Zealand House, 155 The Terrace
PO Box 5501, Wellington 6145, New Zealand
www.linz.govt.nz | data.linz.govt.nz

-----Original Message-----
From: Pat O'Connell <[FYI request #15284 email]>
Sent: Monday, 3 May 2021 8:25 a.m.
To: Ministerial Support <[email address]>
Subject: RE: [BULK] Official Information request - Disposal of School Land - Freeville School, Christchurch

Dear Ministerial Support,
Thank you for advising that my request has been passed to LINZ. I do however query whether the Ministry of Education might still have some information about this matter. On the Ministry website it is clear what the process is for land disposal. I quote here:

1, The property will be transferred to another government department or territorial local authority if it's needed for another public work.
2. If it's not transferred under step 1, the property will be offered back to the previous owner (or their beneficial successors) if required.
If the land was gifted, then it must be offered to the previous owner(s) at no cost. However, if they choose to take it, they must pay for any Ministry-funded improvements (that is, buildings).
3.If the property isn't returned under step 2 but is subject to a settled Treaty of Waitangi claim, the land is offered to the relevant iwi. For more information, go to Iwi leased school sites.
4.If the property is neither returned under step 2 nor subject to a settled claim, it's assessed under the Māori Protection Mechanism process and the Sites of Significance process.
If a claim is successful under the Māori Protection Mechanism, the property is usually land banked. That is, the Office of Treaty Settlements purchases and holds it until the Government settles the claim.
5. If the property is neither purchased by iwi nor land banked, it's put on the open market for sale.

See also this web page: https://www.education.govt.nz/school/pro...

This process indicates quite clearly the Ministry should have been in contact with our family at the point the land was earmarked for sale. There is no mention of any LINZ involvement.

I'd appreciate your clarification of the steps the Ministry of Education took to contact us, as described above.

Yours sincerely,

Pat O'Connell

-----Original Message-----

Dear Patrick,

Your recent Official Information request to the Ministry of Education was transferred to Land Information New Zealand (LINZ) to respond. Your request was received on Friday, 30 April 2021.

You can expect a response to your request as soon as possible, and no later than Friday, 28 May 2021, which is 20 working days after LINZ received your request.

Kind regards,

Polonga Tau’alupe
Advisor | Ministerial Support & Official Correspondence

Policy and Overseas Investment

[1][email address] | DDI 04 460 2742

[2]linz_logo_signature_2020 Wellington Office, Level 7, Radio New Zealand House, 155 The Terrace PO Box 5501, Wellington 6145, New Zealand

[3]www.linz.govt.nz | [4]data.linz.govt.nz

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-------------------------------------------------------------------
Please use this email address for all replies to this request:
[FYI request #15284 email]

Disclaimer: This message and any reply that you make will be published on the internet. Our privacy and copyright policies:
https://fyi.org.nz/help/officers

If you find this service useful as an Official Information officer, please ask your web manager to link to us from your organisation's OIA or LGOIMA page.

-------------------------------------------------------------------

________________________________

This message contains information, which may be in confidence and may be subject to legal privilege. If you are not the intended recipient, you must not peruse, use, disseminate, distribute or copy this message. If you have received this message in error, please notify us immediately (Phone 0800 665 463 or [email address]) and destroy the original message. LINZ accepts no responsibility for changes to this email, or for any attachments, after its transmission from LINZ. Thank You.

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From: Peter R Hill

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Attachment DOIA 21 226 2021 05 24 reply to Patrick O Connell Signed.pdf
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Hi Patrick

 

Attached is a response to your Official Information Act request.

 

Regards

 

Pete Hill
Principal Advisor

Ministerial Support and Official Correspondence

 

[1][email address] | DDI 04 460 2784 | MOB 027 235 8389

 

 

[2][IMG] Wellington Office, Level 7, Radio New Zealand House, 155 The
Terrace
PO Box 5501, Wellington 6145, New Zealand

[3]www.linz.govt.nz | [4]data.linz.govt.nz

 

[5][IMG]        [6][IMG]         [7][IMG]         [8][IMG]

 

 

 

 

 

From: Ministerial Support
Sent: Friday, 30 April 2021 3:21 p.m.
To: '[FOI #15284 email]'
<[FOI #15284 email]>
Subject: RE: [BULK] Official Information request - Disposal of School Land
- Freeville School, Christchurch

 

Dear Patrick,

 

Your recent Official Information request to the Ministry of Education was
transferred to Land Information New Zealand (LINZ) to respond. Your
request was received on Friday, 30 April 2021.

 

You can expect a response to your request as soon as possible, and no
later than Friday, 28 May 2021, which is 20 working days after LINZ
received your request.

 

Kind regards,

 

Polonga Tau’alupe
Advisor | Ministerial Support & Official Correspondence

Policy and Overseas Investment

 

[9][email address] | DDI 04 460 2742

 

 

[10]linz_logo_signature_2020 Wellington Office, Level 7, Radio New Zealand
House, 155 The Terrace
PO Box 5501, Wellington 6145, New Zealand

[11]www.linz.govt.nz | [12]data.linz.govt.nz

 

[13]Image result for facebook icons       
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-----Original Message-----

From: Pat O'Connell <[17][FOI #15284 email]>

Sent: Tuesday, 27 April 2021 11:39 AM

To: Enquiries National <[18][email address]>

Subject: [BULK] Official Information request - Disposal of School Land -
Freeville School, Christchurch

 

Dear Ministry of Education,

 

I wish to enquire as to the process used to dispose of the surplus land
used for the now-closed Freeville school in Christchurch (Title Reference
CB694/40, Lot 202, DP 18657).

 

This land was previously owned by my grandfather, William Nicholas Ryan,
but was acquired under the Public Works Act, 1928, for use as a school.
The notification of the acquisition was, I believe,  in the late 1940s.
The actual sale to the Crown took place in 1956 after my grandfather had
died, and was purchased from my grandmother, Mary Catherine Ryan, his
widow.

 

My understanding is that when the Ministry disposes of surplus land, it
must in the first instance be offered to the previous owner or his/her
successors. This land, however, was sold directly to Ngai Tahu on 9th
August, 2018 without our family, the previous owner's descendants, being
advised.

 

As such, I wish to request information describing the process by which
this land was sold, and why there was no notification of its disposal to
our family.

 

Yours faithfully,

 

Patrick O'Connell

+64 27 5534766

 

-------------------------------------------------------------------

 

This is an Official Information request made via the FYI website.

 

Please use this email address for all replies to this request:

[19][FOI #15284 email]

 

Is [20][Ministry of Education request email] the wrong address for Official
Information requests to Ministry of Education? If so, please contact us
using this form:

[21]https://fyi.org.nz/change_request/new?bo...

 

Disclaimer: This message and any reply that you make will be published on
the internet. Our privacy and copyright policies:

[22]https://fyi.org.nz/help/officers

 

If you find this service useful as an Official Information officer, please
ask your web manager to link to us from your organisation's OIA or LGOIMA
page.

 

 

-------------------------------------------------------------------

 

 

--------------------------------------------------------------------------

This message contains information, which may be in confidence and may be
subject to legal privilege. If you are not the intended recipient, you
must not peruse, use, disseminate, distribute or copy this message. If you
have received this message in error, please notify us immediately (Phone
0800 665 463 or [email address]) and destroy the original message. LINZ
accepts no responsibility for changes to this email, or for any
attachments, after its transmission from LINZ. Thank You.

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From: Pat O'Connell

Dear Peter R Hill,

Thank you for the update regarding the Freville School land disposal. Clearly the response is not satisfactory to us, for two reasons:

1. The initial ruling made by Darroch was to approach the successors (our family), as stipulated in the Ministry's policy. This was then reversed, in what seem to be a specific attempt to find a justification for a sale to Ngai Tahu.
2. The quoted case (WILLIAMS v AUCKLAND COUNCIL [2015] NZCA 479) on which a (withheld) legal opinion was based bears little resemblance to our much simpler situation.

Therefore we have taken two actions:
1. We have appealed to the Ombudsman
2. We are writing to all Christchurch MPs to request them to pursue what is a clear injustice perpetrated by the Ministry.

Yours sincerely,

Pat O'Connell

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