12 July 2021
Matthew Hooton
By email: [FYI request #15615 email]
City Rail Link (CRL) – Official Information Act Request
We refer to our correspondence of 9 June 2021 in relation to your LGOIMA request to Auckland Council and
the Minister of Finance with respect to the “costs of securing subsurface rights for the City Rail Link” which
has been transferred to CRLL by Auckland Council to respond to.
As per our correspondence of 29 June 2021, CRLL was formed on 1 July 2017. Auckland Transport will be
providing you with a separate response to amounts paid or agreed to be paid prior to that time as per the
partial transfer of the request.
Information
Please see our comments with respect to each Item below.
Item 1:
The total cost already paid or agreed to be paid by CRLL for subsurface rights, up until
11.59pm on 28 May 2021.
Response:
The total cost already paid or agreed to be paid for subsurface rights by CRLL from 1
July 2017 up until 28 May 2021 is
$12,584,047 (rounded) which relates to
64
subsurface properties.
Notes regarding this figure:
1. This figure includes the total paid, or agreed to be paid, for subsurface rights including payments in accordance
with Sections 62 and 72C of the Public Works Act and includes subsurface land acquired where compensation
has been agreed in full and final as well as advance compensation payments where final compensation is yet to
be agreed or determined.
2. This figure also includes landowners’ consultants’ costs which have been reimbursed under Sections 66 and 76 of
the Public Works Act, both under acquisition agreements and as separate reimbursement claims processes where
subsurface rights have not yet been acquired.
3. This figure is exclusive of GST but note the GST treatment on any individual transaction is dependent on the GST
position of the other party and different categories of compensation.
4. The figure does not include sums relating to eight properties where compensation was paid or agreed to be paid
by Auckland Transport prior to 1 July 2017.
Item 2:
The total costs paid by CRLL for consultants and other external providers in relation to 1
above
Response:
As per your correspondence of 1 July 2021, we have put this item on hold at your request.
City Rail Link Ltd - Level 2, 25 Teed Street, Newmarket, Auckland 1023 | PO Box 9681, Newmarket, Auckland 1149, New Zealand
Information released under the Official Information Act
Items 3 and 4: CRLL's total cost estimate of further subsurface rights, beyond those covered by Item
1 above, to al ow the completion of the project
CRLL's total cost estimate for consultants and other external providers in relation to
3 above
Response:
As advised in our letter of 29 June 2021, estimates to respond to Items 3 and 4 in ful do not
exist.
There two categories of subsurface rights where compensation has not yet been fully
determined or fully estimated. These groups are as follows:
i)
The first where land has been acquired or defined but compensation is still
outstanding. This includes properties which have been acquired by Advance
Compensation agreements or proclamation, as well as subsurface rights which are
outstanding.
ii)
The second involves land required that is still subject to evaluations of the final tunnel
position that will inform any estimates. We have not sought estimates of the
professional fees to estimate the compensation yet - that figure could be estimated
after we receive and review the results of the volumetric definition.
Item 3 – First Category
In relation to Item 3 and the first category, we can confirm that there are
18 properties where compensation
has not yet been agreed or paid. These properties include subsurface land taken by Proclamation and land not
yet acquired. The current estimate for compensation under Section 62 of the PWA for these properties is
based on professional valuation advice is
$1,731,825.
Notes regarding this figure:
1. This figure does not include an estimate of s72C of the Public Works Act which is a statutory calculation once the
subsurface land amount is determined.
2. This figure does not include an estimate of s66 of the Public Works Act which is dependent on costs incurred by
landowners and claimed under this section.
3. This figure does not include an estimate to conclude compensation for properties where landowners have entered
into Advance Compensation Agreements (13 Properties) and stil have a right to make a further claim. The
advance amount already paid on these properties is included in the response to Item 1 above. We do not hold an
estimate for any further compensation in relation to these properties.
4. This figure is exclusive of GST but note the GST treatment on any individual transaction is dependent on the GST
position of the other party and different categories of compensation.
Item 3 – Second Category
In relation to Item 3 and the second category, there are approximately 17 properties where the confirmed
position of the tunnel is stil being assessed and the land requirements have not yet been ful y defined. As we
have not received all of the technical advice and the valuation advice, we do not hold an estimate of
compensation payable for these properties.
City Rail Link Ltd - Level 2, 25 Teed Street, Newmarket, Auckland 1023 | PO Box 9681, Newmarket, Auckland 1149, New Zealand
Information released under the Official Information Act
Item 4 – First and Second Category
In respect of item 4, we do not hold an estimate of costs for consultants and other providers in respect of
either category as the costs are dependent on many factors including decisions by landowners and
professional interactions necessary to progress and finalise acquisitions and compensation.
If you wish to discuss any of the above with us, please contact us at [email address].
You have the right to seek an investigation and review by the Ombudsman of the above decisions. Information
about how to make a complaint is available at www.ombudsman.parliament.nz or freephone 0800 802 602.
Yours sincerely,
Rick Galli
Head of Property
City Rail Link Ltd - Level 2, 25 Teed Street, Newmarket, Auckland 1023 | PO Box 9681, Newmarket, Auckland 1149, New Zealand
