2023 1222 Letter to Stephen Prendergast.pdf

22 December 2023

Stephen Prendergast

By email: [FYI request #24704 email]

Tēnā koe Stephen

Request for Official Information: Information on Ruapehu Alpine Lifts Administration
Thank you for your correspondence of 10 November 2023 requesting the following under the
Official Information Act 1982 (OIA), for the period of 1 January 2023 – 10 November 2023:
1.  Key documents and reports between Te Arawhiti staff regarding RAL Administration, liquidation
and receivership.
2.  Key documents and reports between Te Arawhiti and other government departments regarding
the management of the concessions.
3.  Key  documents  and  reports  between  Te  Arawhiti  and  the  voluntary  administrators  (PwC)  or
Calibre Partners or Chapman Tripp.
4.  Key documents and reports between Te Arawhiti and any other party regarding the transfer or
issuing of concessions for Whakapapa and Turoa skifields.

On 21 November, we transferred part of your request for key documents and reports between
Te Arawhiti and other government departments regarding the management of the concessions, to
the Ministry of Business, Innovation and Employment under section 14(b)(ii) of the OIA.
On 5 December we notified you of an extension to our decision on this OIA under section 15A
to allow time for consultations necessary to make a decision on the request.
Response
We have considered your request under the OIA. I am refusing part 3 of your request, as listed
above, under section 18(e) of the OIA as the information requested does not exist.
When considering the rest of your request, I have interpreted ‘key documents and reports’ to:
•  include hui notes, reports to Ministers (including attachments), internal memoranda, and
correspondence from and to non-government parties; but

•  exclude emails, draft documents and reports, reviews of documents, administrative and
planning documents, weekly status reports, and supporting material for officials and/or
Ministers attending hui.
We have identified 23 documents either partially or entirely within scope of your request. A
table of documents is attached as part of the draft response in Appendix 1.  Where we have
withheld documents in whole or information in part, the ground(s) on which we have relied are
set out in the table.
We have considered, under section 9(1) of the OIA whether the withholding of these
documents or this information is outweighed by other considerations which render it desirable,
in the public interest, to make that information available. Te Arawhiti acknowledges that there
is public interest in understanding the complex environment and interests relating to the
status of RAL. The information released acknowledges that public interest. The information
we have withheld primarily relates to confidential and frank engagement between the Crown
and iwi with interests in and around Tongariro National Park. Engagement with iwi will
continue to be relevant to the Crown’s ongoing decision-making in respect of the status of
RAL.
Proactive release
When Te Arawhiti acknowledged receipt of your OIA request, we advised we may proactively
release your OIA response on our website.
After considering our response to your request, we can advise that it will not be published on
our website.
You have the right to seek an investigation and review by the Ombudsman of this decision.
Information about this process is available at www.ombudsman.parliament.nz or phone
0800 802 602.
Nāku noa, nā

Hui Kahu
Regional Director

Table of documents provided under the Official Information Act 1982
Document
Extent of information
Reason for withholding/refusing
number
Date
Document description
provided
(refer to notes below table)
Page
1
12 June
Hui notes, hui between Hon Kiri Allan, iwi and hapū  Withheld in full
s 9(2)(ba(i)
-
2023
representatives, and Crown officials regarding
s 9(2)(g)(i)
Ruapehu Alpine Lifts
2
17 June 2023  Hui notes, meeting between Crown officials prior
Withheld in full
s 9(2)(ba(i)
-
to hui with iwi and hapū representatives
s 9(2)(g)(i)
3
17 June 2023  Hui notes, hui between Te Kotahitanga o Ngāti
Withheld in full
s 9(2)(ba(i)
-
Tūwharetoa and Crown officials regarding
s 9(2)(g)(i)
Ruapehu Alpine Lifts
4
17 June 2023  Hui notes, hui between Patutokotoko and Crown
Withheld in full
s 9(2)(ba(i)
-
officials regarding Ruapehu Alpine Lifts
s 9(2)(g)(i)
5
17 June 2023  Hui notes, hui between Ngāti Hikairo and Crown
Withheld in full
s 9(2)(ba(i)
-
officials regarding Ruapehu Alpine Lifts
s 9(2)(g)(i)
6
18 June
Hui notes, hui between Ngāti Rangi and Crown
Withheld in full
s 9(2)(ba(i)
-
2023
officials regarding Ruapehu Alpine Lifts
s 9(2)(g)(i)
7
19 June
Hui notes, hui between Ngāti Hāua and Crown
Withheld in full
s 9(2)(ba(i)
-
2023
officials regarding Ruapehu Alpine Lifts
s 9(2)(g)(i)
8
19 June
Hui notes, hui between Te Korowai o Wainuiārua
Withheld in full
s 9(2)(ba(i)
-
2023
and Crown officials regarding Ruapehu Alpine Lifts
s 9(2)(g)(i)
3

Document
Extent of information
Reason for withholding/refusing
number
Date
Document description
provided
(refer to notes below table)
Page
9
19 June
Report, Tumu Whakarae Te Arawhiti to Hon
Parts withheld
s 9(2)(a)
1-34
2023
Kiritapu Allan, Minister for Regional Development,
s 9(2)(ba)(i)
Hon Andrew Little, Minister for Treaty of Waitangi
s 9(2)(g)(i)
Negotiations, Hon Willow-Jean Prime, Minister of
Out of scope
Conservation, Cc: Hon Kelvin Davis, Minister for
Māori Crown Relations: Te Arawhiti, ‘Ruapehu
Alpine Lifts Limited – Summary of iwi/hapū
engagement and next steps’
10
20 June
Hui notes, hui between Tā Tumu te Heuheu and
Withheld in full
s 9(2)(ba(i)
-
2023
Crown officials regarding Ruapehu Alpine Lifts
s 9(2)(g)(i)
11
20 June
Report, Tumu Whakarae Te Arawhiti to Hon
Parts withheld
s 9(2)(a)
35-44
2023
Kiritapu Allan, Minister for Regional Development,
s 9(2)(b)(ii)
Hon Andrew Little, Minister for Treaty of Waitangi
s 9(2)(ba)(i)
Negotiations, Hon Willow-Jean Prime, Minister of
s 9(2)(j)
Conservation, Cc: Hon Kelvin Davis, Minister for
Out of scope
Māori Crown Relations: Te Arawhiti, ‘Ruapehu
Alpine Lifts Limited – Summary of hui with Te Ariki
Tā Tumu’
12
27 June
Hui minutes, hui between Te Korowai o
Withheld in full
s 9(2)(ba(i)
-
2023
Wainuiārua and Crown officials regarding Ruapehu
s 9(2)(g)(i)
Alpine Lifts
13
27 June
Hui minutes, hui between Ngāti Hāua and Crown
Withheld in full
s 9(2)(ba(i)
-
2023
officials regarding Ruapehu Alpine Lifts
s 9(2)(g)(i)
14
29 June
Hui minutes, hui between Te Kotahitanga o Ngāti
Withheld in full
s 9(2)(ba(i)
-
2023
Tūwharetoa and Crown officials regarding
s 9(2)(g)(i)
Ruapehu Alpine Lifts
4

Document
Extent of information
Reason for withholding/refusing
number
Date
Document description
provided
(refer to notes below table)
Page
15
29 June
Report, Tumu Whakarae Te Arawhiti to Hon
Parts withheld
s 9(2)(a)
45-67
2023
Kiritapu Allan, Minister for Regional Development,
s 9(2)(b)(ii)
Hon Andrew Little, Minister for Treaty of Waitangi
s 9(2)(ba)(i)
Negotiations, Hon Willow-Jean Prime, Minister of
s 9(2)(g)(i)
Conservation, Cc: Hon Kelvin Davis, Minister for
Out of scope
Māori Crown Relations: Te Arawhiti, ‘Ruapehu
Alpine Lifts Limited – Summary of iwi/hapū
engagement and next steps’
16
31 August
Letter, Tā Tumu Te Heuheu to Hon Andrew Little,
Parts withheld
s 9(2)(b)(ii)
68-72
2023
Minister for Treaty of Waitangi Negotiations and
s 9(2)(j)
Hon Kieran McAnulty, Minister of Regional
Out of scope
Development, regarding Ruapehu Alpine Lifts
17
7
Report, Tumu Whakarae Te Arawhiti to Hon
Parts withheld
s 9(2)(a)
73-80
September
Andrew Little, Minister for Treaty of Waitangi
s 9(2)(ba)(i)
2023
Negotiations, ‘Ruapehu Alpine Lifts Ltd (in
s 9(2)(g)(i)
liquidation) – Ngāti Tūwharetoa’
s 9(2)(j)
Out of scope
18
8
Letter, Hon Andrew Little, Minister for Treaty of
Parts withheld
s 9(2)(a)
81-82
September
Waitangi Negotiations and Hon Kieran McAnulty,
s 9(2)(ba)(i)
2023
Minister of Regional Development to Tā Tumu Te
s 9(2)(j)
Heuheu, regarding Ruapehu Alpine Lifts
Out of scope
19
26
Memorandum, Chief Advisor to CE of Te Arawhiti,  Withheld in full
s 9(2)(g)(i)
-
September
‘The RAL Cabinet paper and your hui with MBIE
2023
and DoC today’
20
28
Report, Chief Advisor Te Arawhiti to Hon Kelvin
Parts withheld
s 9(2)(a)
83-114
September
Davis, Minister for Māori Crown Relations: Te
s 9(2)(ba)(i)
2023
Arawhiti and Hon Andrew Little, Minister for
s 9(2)(g)(i)
Treaty of Waitangi Negotiations, ‘Te Arawhiti
s 9(2)(i)
5

Document
Extent of information
Reason for withholding/refusing
number
Date
Document description
provided
(refer to notes below table)
Page
comment on the MBIE Cabinet paper: Ruapehu
s 9(2)(j)
Alpine Lifts Limited (In Liquidation) (RAL) – options
Out of scope
for government support’
21
28
Letter, Te Patūtokōtoko representative to Crown
Parts withheld
s 9(2)(a)
115-116
September
officials regarding Ruapehu Alpine Lifts
2023
22
30
Te Patūtokōtokō position statement, sent to
Parts withheld
Out of scope
117-125
September
Crown officials regarding Ruapehu Alpine Lifts and
2023
Tongariro National Park negotiations
23
12 October
Letter, Hon Kieran McAnulty, Minister for Regional  Parts withheld
s 9(2)(b)(ii)
126-127
2023
Development and Hon Andrew Little, Minister for
Out of scope
Treaty of Waitangi Negotiatons, to Graham Bell,
Chair Ngāti Hāua Iwi Trust

Reasons for withholding under section 9 of the Official Information Act 1982i
s 9(2)(a) – protect the privacy of natural persons, including the deceased.
s 9(2)(f) – maintain the constitutional conventions which protect:
s 9(2)(b) – protect information that would:
(i)  – communications by or with the Sovereign or their representative; or
(i)  – disclose a trade secret;
(ii)  – collective and individual ministerial responsibility; or
(ii)  – unreasonably prejudice commercial position of subject.
(iii) – the political neutrality of officials; or
s 9(2)(ba) – protect information where making it available would:
(iv) – the confidentiality of advice tendered by Ministers and Crown officials.
s 9(2)(g) – maintain the effective conduct of public affairs through:
(i)  – prejudice the supply of similar information; or
(ii)  – likely otherwise damage the public interest.
(i)  – the free and frank expression of opinions;
(ii)  – the protection from improper pressure or harassment.
s 9(2)(c) – prejudice to measures protecting health or safety of the public.
s 9(2)(h) – maintain legal professional privilege.
s 9(2)(d) – prejudice to substantial economic interests of New Zealand.
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s 9(2)(e) – prejudice to measures that prevent or mitigate material loss to members  s 9(2)(i) – enable the Crown holding the information to carry out commercial
of the public.
activities.
s 9(2)(j) – negotiations sensitive.
s 9(2)(k) – prevent the disclosure of information for improper gain or advantage.
Reasons for refusing information under section 18 of the Official Information Act 1982i
s 18(a) – good reasons by virtue of s 6, 7 or 9 of the Act:
s 18(e) – the information requested does not exist, or cannot be found:
s 18(b) – the department or Minister or organisation neither confirms nor denies the  s 18(f) – the information cannot be made available without substantial collation or
existence or non-existence of the information:
research:
s 18(c) – making the information available would –
s 18(g) – the information is not held by the department or Minister of the Crown or
organisation, and the person dealing with the request has no grounds for believing
(i)  – be contrary to a specified enactment; or
that it is:
(ii)  – constitute contempt of court or the House of Representatives:
(i)  – held by another department, Minister of the Crown or organisation, or
s 18(d) – the information is, or will soon be, publicly available:
by a local authority; or
s 18(da) – the request is made by a defendant or person acting on behalf of a
(ii)  – connected more closely with the functions of another department or
defendant and is –
Minister of the Crown or organisation or local authority:
(i)  – information that could be sought under the Criminal Disclosures Act
s 18(h) – the request is frivolous or vexatious or the information requested is trivial.
2008; or
(ii)  – information that could be sought under that Act and that has been
disclosed or withheld under that Act:

i Please see the Official Information Act 1982 for full version of sections 9 and 18 of the Act.
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