PO Box 14001
Christchurch 8544
New Zealand
Telephone (+64 3) 358 5029
christchurchairport.co.nz
22 September 2023
Simon Nyhof
Email: c/-
[FYI request #23961 email]
Dear Mr Nyhof,
OFFICIAL INFORMATION ACT 1982 (OIA) – REQUEST FOR INFORMATION - CHRISTCHURCH
INTERNATIONAL AIRPORT LIMITED (CIAL)
1.
We write further to our email of 28 August 2023, acknowledging receipt of your email of 26 August
2023 (via the third party public platform fyi.org.nz) in which you requested the following information
pursuant to the OIA:
“Please confirm the list of restrictions which are imposed upon people living and businesses based
near CHC airport currently.”
(the “
Request”).
2.
From the outset, we consider your Request to be extremely broad in scope and not made with due
particularity. We note that:
a. Your request does not limit either (i) the party which might “impose” restrictions (and
therefore, may include a list of restrictions imposed by
any party (including central
government, regional, city or district councils)); or (ii) the nature of the restrictions (and
therefore may include all laws or rules of any nature and imposed by any instrument).
b. Further, there is no clear geographical boundary to which your Request relates - the
reference to
near Christchurch airport is not defined or limited.
3.
Responding to the Request as currently drafted would involve the diversion of personnel for a
substantial period of time to go through and collate the information you are requesting and, as
discussed further below, we caution that much of this information is either publicly available or
alternatively is contained in the terms of commercial leases that CIAL has entered into and is
therefore confidential.
4.
Notwithstanding the above, we’d like to provide you with some general information relating to your
Request:
a. There are a number of planning and land use restrictions which apply to people living and
businesses based near Christchurch Airport (as is the case for residents or businesses based
in any area) through New Zealand’s planning law framework. This framework contains a
number of planning instruments, including district plans (developed and administered by
city and district councils), regional plans and regional policy statements (developed and
administered by regional councils), national environmental standards and national policy
statements (set and developed by central government). In particular, for people living and
businesses based near Christchurch Airport, the District Plans of one of the three Greater
Christchurch territorial authorities (Christchurch City Council, Waimakariri District Council
and Selwyn District Council) will guide what activities can be undertaken on the relevant
land (and which activities require a resource consent) as well as setting out rules or
standards that apply. The District Plans are publicly available at:
a. Christchurch District Plan:
https://ccc.govt.nz/the-council/plans-strategies-
policies-and-bylaws/plans/christchurch-district-plan
b. Waimakariri District Plan:
https://www.waimakariri.govt.nz/council/district-
development/district-plan
c. Selwyn
District
Plan:
https://www.selwyn.govt.nz/property-And-
building/planning/strategies-and-plans/selwyn-district-plan
b. Titles to certain properties near Christchurch Airport may also have specific encumbrances
registered against them (including easements and/or covenants). These encumbrances
have been agreed (but not imposed) as a result of private negotiations between CIAL and
the relevant landowner, including in connection with the resolution of resource consent
applications made by such landowner. Property titles (including the encumbrances
registered on such) are publicly available through Land Information New Zealand.
c. Further, CIAL has an extensive investment property portfolio and is party to a large number
of lease arrangements entered into with businesses operating across its campus. These
leases will generally contain various restrictions on the relevant tenant’s activities (for
example, these may include restrictions on the tenant undertaking alterations or additions
to the premises, erecting signage/advertising and/or the permitted use by the tenant of
the premises). However, again these restrictions are not “imposed” by CIAL – they are
agreed as a result of commercial negotiations between the parties to the lease. In any
event, the terms of lease arrangements which CIAL enters into are confidential and the
withholding of such information is necessary for CIAL to carry out its commercial activities
or negotiations without prejudice or disadvantage (s 9(2)(i) and s9(2)(j) OIA).
5.
Taking the above into account, in order to best assist you, we ask that you refine or clarify your
Request. If you are unable to do so, your Request shall be refused under Section 18(f) of the OIA.
6.
If you require any further information or we have in some way misinterpreted your requests, please
let us know.
7.
You have the right to seek an investigation and review by the Ombudsman of the decisions contained
in this letter. Information about how to contact the Ombudsman or make a complaint is available at
www.ombudsman.parliament.nz or freephone 0800 802 602.
Yours sincerely
CIAL LEGAL TEAM
Email: [Christchurch International Airport Limited request email]
