� Toitu Te Whenua
_
Land Information
New Zealand
Our Ref
DOIA 21-226
Wellington Office
Radio New Zealand House
155 The Terrace
PO Box 5501
Wellington 6145
New Zealand
26 May 2021
T 0800 665 463
F +64 4 472 2244
E [email address]
W www.linz.govt.nz
Patrick O'Connell
fyi-request-15284-aa 1141 [email address]
Dear Patrick
Response to your official information request
Thank you for your official information request dated 27 April 2021 for information about
the process used to dispose for the closed Freeville School in Christchurch and your
follow up email dated 3 May 2021. Your request was addressed to the Ministry of
Education and has been referred to this office for reply.
I wish to confirm that the disposal of the closed Freeville school site was undertaken
under the Public Works Act 1981 (PWA) and involves the following steps:
1. Determine if the land is needed for any other public works;
2. Determine if the land needs to be offered back to the person the Crown
originally purchased it from, or their successors;
3. Offer the land under a Treaty settlement or assessed for land banking; and
4. Sell the land on the open market - generally through a real estate agent.
The closed Freeville School site was not required for another public work, so
consideration was given to a possible offer back in terms of section 40(2)(c) of the PWA to
the former owner or immediate successor(s).
It was noted that the former owner of the property, Mary Catherine Ryan died on
12 December 1978 and a copy of her Will and Probate was obtained.
An interpretation of the Will of Mary Catherine Ryan was carried out in light of the
WILLIAMS v AUCKLAND COUNCIL [2015] NZCA 479 case (refer to the following search
link: https://forms.justice.govt.nz/search). It was determined that on the basis that the
deceased instructed the assets of the Estate to be converted into cash, there was no
successor for the purposes of section 40(5) of the Public Works Act 1981.
In line with the recommendation contained within the section 40 report the property was
exempted from being offered back to the immediate successor(s) of Mary Catherine Ryan.
www.linz.govt.nz
� Government
