Use of the additional residential lots at Teitei Drive, over the 44 documented lot split

Ohakune Ratepayers and Residents' Society Inc made this Official Information request to Kāinga Ora–Homes and Communities

The request was partially successful.

From: Ohakune Ratepayers and Residents' Society Inc

Dear Kāinga Ora–Homes and Communities,

A member of our Society has asked both Kainga Ora and Ruapehu District Council the following questions; both agencies have avoided answering the questions.

46 residential lots are currently applied for in the Resource Consent for Teitei Drive (a joint application between RDC & KO), of which 44 have been advertised to the public as a 15/15/14 split between social, affordable and workers accommodation.

1./ Please advise what the remaining 2 residential lots are being used for or will be used for (for the avoidance of doubt, what will be done with any number of residential lots above the 44)
2./ Who will own the remaining 2 titles, or who will they be transferred to (for the avoidance of doubt, who will own the additional residential titles over the 44 residential lots or who will they be transferred to)

Yours faithfully,

Ohakune Ratepayers and Residents' Society Inc

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From: Clint Owens
Kāinga Ora–Homes and Communities


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Good morning Barry,

 

Thank you for your request to Kāinga Ora – Homes and Communities, dated 1
November 2023, for the following information under the Official
Information Act 1982 (the Act):   

 

A member of our Society has asked both Kainga Ora and Ruapehu District
Council the following questions; both agencies have avoided answering the
questions.

 

46 residential lots are currently applied for in the Resource Consent for
Teitei Drive (a joint application between RDC & KO), of which 44 have been
advertised to the public as a 15/15/14 split between social, affordable
and workers accommodation.

 

1./ Please advise what the remaining 2 residential lots are being used for
or will be used for (for the avoidance of doubt, what will be done with
any number of residential lots above the 44) 2./ Who will own the
remaining 2 titles, or who will they be transferred to (for the avoidance
of doubt, who will own the additional residential titles over the 44
residential lots or who will they be transferred to)

 

We will endeavour to respond to your request as soon as possible and in
any event no later than 29 November 2023, being 20 working days after the
day your request was received by Kāinga Ora in accordance with section
15(1) of the Act.

 

If we are unable to respond to your request by the due date, we will
notify you of an extension of that timeframe.

 

We may also contact you if further clarification or refinement of your
request is required to enable a decision to be made.

 

Kind regards,

Clint

 

Clint Owens  
Senior Advisor
Government Relations National Office: (04) 439 3000
People, Governance & Capability Email: [1][email address]

 

 

 

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Ohakune Ratepayers and Residents' Society Inc left an annotation ()

29 November

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From: Clint Owens
Kāinga Ora–Homes and Communities


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Attachment OI 23 660 Ohakune Residents Ratepayers Society response letter.pdf
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Good morning,

 

Please find attached a response to your 3 November 2023 request for
official information to Kāinga Ora – Homes and Communities.

 

Kind regards,

Clint

 

Clint Owens  
Senior Advisor
Government Relations National Office: (04) 439 3000
People, Governance & Capability Email: [1][email address]

 

 

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From: Ohakune Ratepayers and Residents' Society Inc

Dear Clint Owens,

Thank you for your response.

With regards to your statement "please also note any additional lots will remain the property of Ruapehu District Council, unless otherwise agreed".

We are not able to find any provision for the fate of the additional residential lots, hence our repeated questioning.
As the superlot will be transferred to Kainga Ora, the land and titles are the responsibility of Kainga Ora
The definition of super lot within the terms are “Legal Description: 1.6 hectares more or less described as "Stage One" and marked on the Master Plan”

As it stands, we read the S&P agreement sections
J(a) - The subdivision of a Super Lot of approximately 1.6 ha from the Council's overall land holding of 9.4356 ha at Teitei Drive, Ohakune
(J(b) - The sale of the Super Lot to HNZ Build
J(e) - Construction of4 4 new homes b HNZ Build to be used for the mixed uses of public housing, affordably-priced home ownership and long term worker-rental housing

17.1(b) Following the achievement of Practical Completion for the Public Homes, HNZ Build will procure the transfer of ownership oft h e PublicHomes to HousingN e w Zealand Limited, a wholly-owned subsidiary of Käinga Ora, in order for Käinga Ora to use the Public Homes for public housing purposes

17.2(b) Following the achievement of Practical Completion for the Affordable Homes, HNZ Build will procure, in consultation with the Counciland Ngäti Rangi, the sale of the Affordable Homes to end purchaserswho are eligible in accordancewith
the relevant Affordable Housing Programme utilised by Käinga Ora for the sale of the Affordable Homes

17.3(d) Prior to thetransfer of ownership provided for in clause 17.3(c), the titles to the Worker-Rental Homes will be registered with a land covenant in gross in favour of HNZ Build and on terms and conditions reasonably required by HNZ Build in order to secure the outcomes for the Worker-Rental Homes provided for in this clause 17.3.

1) Could you please point me to the location, page and section of the S&P agreement that states the lots will remain the property of Ruapehu District Council.

2) The second part of your statement "unless otherwise agreed", could you advise if any signed or draft agreements exist with any party, any discussions or emails regarding the possible fate of the additional lots over and above the 44.

Yours sincerely,

Ohakune Ratepayers and Residents' Society Inc

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From: Clint Owens
Kāinga Ora–Homes and Communities

Good morning Ohakune Ratepayers and Residents' Society Inc,

Thank you for your request to Kâinga Ora – Homes and Communities, dated 22 November 2023, for the following information under the Official Information Act 1982 (the Act):

“1) Could you please point me to the location, page and section of the S&P agreement that states the lots will remain the property of Ruapehu District Council.

2) The second part of your statement "unless otherwise agreed", could you advise if any signed or draft agreements exist with any party, any discussions or emails regarding the possible fate of the additional lots over and above the 44.”

We will endeavour to respond to your request as soon as possible and in any event no later than 20 December 2023, being 20 working days after the day your request was received by Kâinga Ora in accordance with section 15(1) of the Act.

If we are unable to respond to your request by the due date, we will notify you of an extension of that timeframe.

We may also contact you if further clarification or refinement of your request is required to enable a decision to be made.

Kind regards,
Clint

Clint Owens
Senior Advisor
Government Relations
National Office: (04) 439 3000
People, Governance & Capability
Email: [email address]

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From: Ohakune Ratepayers and Residents' Society Inc

Dear Clint Owens,

Thanks for your response Clint.

We have a question regarding you process for response.

Do you personally look for this information and consider the response or is it passed on to someone else.
If the latter, do you consider the response and ensure the entire context of the question has been posed to that someone else.

We ask, because the acknowledgement you reply with contains my two questions but not the text pre or post the question going context to the information and the points of the contract we refer to.

We just want to be certain that when you are logging the question in your internal systems, or asking those that respond, that they have full context of the questions being asked and the points we highlight pre and post the questions as this is important information.

We have posed this question along with others many times, on this occasion we have even pointed to the S&P agreement items that state
(a) You are purchasing the superset 1.6ha
(b) that there is a clause to the S&P to transfer affordable homes to owners
(c) that there is a clause in the S&P to transfer the social houses to KO
(d) that there is a clause in the S&P to transfer the workers accommodation to a third party
(e) that there is no clause to transfer surplus properties or land to RDC other than vesting reserves

There is no legal basis for your response that stated "please also note any additional lots will remain the property of Ruapehu District Council". I can only assume this is a misleading statement and may refer to land proposed to the stage 2 and stage 3 lots which was not my question.

As stated, we have asked this question numerous times and continue to receive responses that are misleading or are not answered at all; a stalling tactic to gain another 20 working days for responding to withhold the official information.

I would appreciate a clear response with facts and evidence to support your claim, I expect a response well prior to the 20 working days as this s getting ridiculous and the information is being withheld on purpose and will be reported to the Ombudsman if this continues or is delayed

Yours sincerely,

Ohakune Ratepayers and Residents' Society Inc

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Ohakune Ratepayers and Residents' Society Inc left an annotation ()

20 December

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From: Clint Owens
Kāinga Ora–Homes and Communities


Attachment OI 23 696 Ohakune Ratepayers Residents Society Inc response letter.pdf
368K Download View as HTML


Good afternoon,

Please find attached a response to your 22 November 2023 request for official information to Kāinga Ora - Homes and Communities. This response also addresses the follow up query of 23 November 2023.

Kind regards,
Clint

Clint Owens
Senior Advisor
Government Relations
National Office: (04) 439 3000
People, Governance & Capability
Email: [email address]

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From: Ohakune Ratepayers and Residents' Society Inc

Dear Clint Owens,

Kainga Ora continue to answer this question ambiguously.

One such answer stated "please also note any additional lots will remain the property of Ruapehu District Council, unless otherwise agreed"

So my followup once again, for I dont know how many times, please answer each separately and not as aggregated answers.
1./ Will any additional lots over and above the 44 funded under the agreement with HUD be transferred to RDC?

2./ In its current state, there are 46 lots, 44 assigned under the funding, this means 2 additional lots (which I know may change depending on consent requirements etc), in its current form, if there are 2 additional lots remaining, who will legally own these at the end of the day.

Yours sincerely,

Ohakune Ratepayers and Residents' Society Inc

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From: Clint Owens
Kāinga Ora–Homes and Communities

Good morning,

Thank you for your request to Kâinga Ora – Homes and Communities, dated 20 December 2023, for information under the Official Information Act 1982 (the Act):

"1./ Will any additional lots over and above the 44 funded under the agreement with HUD be transferred to RDC?

2./ In its current state, there are 46 lots, 44 assigned under the funding, this means 2 additional lots (which I know may change depending on consent requirements etc), in its current form, if there are 2 additional lots remaining, who will legally own these at the end of the day."

We will endeavour to respond to your request as soon as possible and in any event no later than 9 February 2024 being 20 working days after the day your request was received by Kâinga Ora in accordance with section 15(1) of the Act. Please note, 25 December 2023 to 15 January 2024 are not counted as working days (more information on that can be found here: https://www.ombudsman.parliament.nz/news...).

If we are unable to respond to your request by the due date, we will notify you of an extension of that timeframe.

We may also contact you if further clarification or refinement of your request is required to enable a decision to be made.

Kind regards,
Clint

Clint Owens
Senior Advisor
Government Relations
National Office: (04) 439 3000
People, Governance & Capability
Email: [email address]

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Ohakune Ratepayers and Residents' Society Inc left an annotation ()

Due 9 February 2024

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From: Kainga Ora Correspondence
Kāinga Ora–Homes and Communities


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Attachment OI 23 750 ORS Final response.pdf
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Kia ora Ohakune Ratepayers and Residents Society Inc

Please find attached a response to your request of 20 December 2023.

 

 

Ngā mihi

Donna

 

 

 

 

 

 

 

 

www.govt.nz - your guide to finding and using New Zealand government
services

Any opinions expressed in this message are not necessarily those of Kāinga
Ora. This message and any files transmitted with it are confidential, may
be legally privileged, and are solely for the use of the intended
recipient. If you are not the intended recipient or the person responsible
for delivery to the intended recipient, you have received this message in
error.

Please:
(1) reply promptly to that effect, and remove this email, any attachment
and the reply from your system;
(2) do not use, disclose or act on this email in any other way. Thank you.

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From: Ohakune Ratepayers and Residents' Society Inc

Dear Kainga Ora Correspondence,

There appears to be a problem with the attached pdf

Yours sincerely,

Ohakune Ratepayers and Residents' Society Inc

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From: Kainga Ora Correspondence
Kāinga Ora–Homes and Communities


Attachment OI 23 750 ORS Final response.pdf
85K Download View as HTML


Kia ora Ohakune Ratepayers and Residents' Society Inc

I have attached the response again.
If there still appears to be a problem with this - can you please let us know exactly what the issue is.
We can also send to a non- fyi email address, as that may help.

Regards
Donna

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From: Ohakune Ratepayers and Residents' Society Inc

Dear Kainga Ora Correspondence,

Please could you email it to [email address] as the attachments don’t appear to be working through fyi at the moment.

Yours sincerely,

Ohakune Ratepayers and Residents' Society Inc

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