OIAD-4035
14 June 2024
Stephen Prendergast
[FYI request #26621 email]
Tēnā koe Stephen
Thank you for your request to the Department of Conservation, received on 03 May 2024, in
which you asked for:
‘Please supply the following info from 1 January 2023.
1) Al communication between DOC and PwC or Calibre covering the surrender of the
RAL concessions for Tūroa and Whakapapa Ski fields.
2) Al DOC communications internally, with MBIE or to the Minister covering this
issue.
3) Al DOC analysis of the impact on the surrender of the Whakapapa concession,
with or without a new concessionaire.’
We have considered your request under the Official Information Act 1982.
On 31 May 2024 we extended the timeframe to respond to your request to 14 June 2024 due
to the large quantity of information sought.
Your questions and our responses are listed below:
1.
Al communication between DOC and PwC or Calibre covering the surrender of the
RAL concessions for Tūroa and Whakapapa Ski fields.
This aspect of your request is refused via section 18(g) of the Official Information Act
as the requested information is not held by the Department. For context, we have not
had any direct communication with either PwC or Calibre Partners covering the
surrender of either the Tūroa or Whakapapa Ski fields.
2.
Al DOC communications internally, with MBIE or to the Minister covering this issue.
Page 1 of 4
In scope documents are listed in the table below as items 1 to 13 and accompany our
response for your reference. Please note that our release excludes the following in
scope documents:
• Correspondence between the Department and MBIE legal representatives (or
legal representatives contracted to the Department or MBIE) written to advise
and inform matters concerning surrender of the RAL concessions for Tūroa and
Whakapapa Ski fields. This information is withheld in full under section 9(2)(h) to
maintain legal professional privilege. Documentation withheld includes:
-
Al email communication internally covering this issue
-
All email communication with MBIE covering this issue
• Documentation that if released would prejudice or disadvantage the Departments
commercial activities. This documentation is withheld in full under section 9(2)(i)
to protect the crowns position. Documentation withheld includes:
-
Attachment B_Treasury template for out-of-cycle Budget request – Ruapehu
Alpine Lifts – RAL 5 years OpEx.
• One document has been refused in full under section 18(d) of the Official
Information Act. Please note that this document is publicly available on the
Ministry of Business, Innovation and Employment websi
te at Decisions on the
future of Ruapehu Alpine Limited in Liquidation and Receivership - Post March
2024 (mbie.govt.nz).
3.
Al DOC analysis of the impact on the surrender of the Whakapapa concession, with
or without a new concessionaire.
The draft RAL contingency plan for the Whakapapa Ski field closure is the only
document within scope of this question. This document is listed as item 14 in the
table below. This document has been released subject to a number of redactions.
Please note it is an early draft and any final version may be markedly different to that
currently supplied
I have decided to release the relevant parts of the documents listed above, subject to
information being withheld under one or more of the following sections of the Official
Information Act, as applicable:
• personal contact details of officials, under section 9(2)(a) – to protect the privacy of
natural persons, including deceased people,
• commercially sensitive information, under section 9(2)(b)(i ) – to protect the
commercial position of the person who supplied the information, or who is the subject
of the information,
• sensitive information subject to a confidence, under section 9(2)(ba)(i) – where it
could prejudice the supply of information,
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• advice stil under consideration, section 9(2)(f)(iv) – to maintain the current
constitutional conventions protecting the confidentiality of advice tendered by
Ministers and officials,
• free and frank expression under section 9(2)(g)(i) – to maintain the effective conduct
of public affairs,
• advice subject to legal privilege, under section 9(2)(h) - to maintain legal professional
privilege,
• commercially sensitive information, under section 9(2)(i) - to enable a Minister of the
Crown or any department or organisation holding the information to carry out, without
prejudice or disadvantage, commercial activities, and
• information that is out of scope of the request.
In making my decision, I have considered the public interest considerations in section 9(1) of
the Official Information Act and determined there are no public interests that outweigh the
grounds for withholding.
You are entitled to seek an investigation and review of my decision by writing to an
Ombudsman as provided by section 28(3) of the Official Information Act.
Please note that this letter (with your personal details removed) and attached documents
may be published on the Department’s website.
Nāku noa, nā
Stacey Wrenn
Director Regulatory Authorisations
Department of Conservation
Te Papa Atawhai
Page 3 of 4
Table 1 - Schedule of documents
Item
Date
Document description
Decision
1
12 April
Email: FW: Concession
Released in part
2024
2
5 April 2024 Attachment: Deed of Surrender 48601-
Released in full
SKI (Tūroa)
3
9 November Memo 22-B-0702: Potential liabilities from Released in part
2022
RAL ski fields and similar concessions on
conservation land
4
26 January
Meeting memo: 24-M-0004: Joint
Released in part
2024
Ministers meeting on Ruapehu Alpine
Lifts and Mt Ruapehu
5
27 February Email: 24-B-0109 – Email – Request –
Released in part
2024
Cabinet Paper Consultation – Future of
Ruapehu Alpine Lifts Limited
6
27 February Cabinet Paper Consultation – Future of
Released in part
2024
Ruapehu Alpine Lifts Limited
7
28 February Email: Briefing: Approval for out-of-cycle
Released in part
2024
funding request to cover RAL
decommissioning liability
8
28 February Attachment 1 Briefing: 24-B-0019
Released in part
2024
Approval for out-of-cycle funding request
to cover RAL
9
28 February Attachment 2 Letter to Hon Nicola Wil is – Released in part
2024
Pre-approval for out-of-cycle funding
request with financial implications
10
28 February Attachment 3 - Attachment 3: Attachment Released in part
2024
B_Treasury template for out-of-cycle
Budget request – Ruapehu Alpine Lifts –
Make Good provision
11
4 March
Email: 24-B-0121 Aide memoire 24-K-
Released in part
2024
0003 – Cabinet memo; Decisions on the
future of RAL post-March 2024
12
4 March
Aide memoire 24-B-0121: Further
Released in part
2024
information on Ruapehu Alpine Lifts
Limited decommissioning liability
13
5 March
Cabinet paper talking points 24-K-0003:
Released in part
2024
Decisions on the future of Ruapehu
Alpine Lifts Limited (in Liquidation and
Receivership)(RAL) post-March 2024
14
Undated
DRAFT RAL Contingency Plan
Released in part
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