OIA2025 - 030
Mr Marcus Wilkins
Via FYI.org
Dear Marcus
I refer to your request under the Of icial Information Act 1982 (the Act), asking five questions, you
asked for:
1. The number of licences or leases that allow the planting of kiwifruit and the erection of associated
structures on Kiwirail land along the track between the Kaimai tunnel and Whakatane.
2. The approximate land area comprised in those licences or leases together with the total licence
fees payable under those licences, the length of term of each licence and the rights of renewal, if any,
of each of those licences.
3. A copy of the policy of Kiwirail concerning the licencing or leasing of railway land to third parties.
4. A copy of the policy of Kiwirail concerning the unauthorised use of railway land and/or the erection
of structures on Kiwirail land without a licence , lease or other form of agreement with Kiwirail.
5. A copy of the original gazette notice and agreement with the landowners for the taking of land for
the railway and Pongakawa Railway station/siding on the line between Tauranga and Kawerau being
land between Maniatutu Road and Mangatoetoe stream at Pongakawa..
Please find our answer below.
Questions 1 & 2
Please be advised we are declining this part of your request under Section 18(e) – does not exist,
and Section 9(2)(i) – commercial activities.
We don’t issue leases for specific commercial purposes, i.e. while we may negotiate a licence to
occupy, or other such commercial lease, this won’t specify the specific purpose of the lease and we
wouldn’t be able to determine which leases have been issued for the growing of Kiwifruit, just as
when we issue grazing leases we don’t know if they are for cat le, or sheep, or whatever.
In addition, if we did hold this information, or were able to identify specific leases where we knew
Kiwifruit was being grown, to provide details on the fees payable, land areas, terms etc would breach
KiwiRail (and the third parties) commercial confidentiality.
Question 3 & 4
KiwiRail does not have a specific policy concerning the licensing or leasing of railway land to third
parties. However, as a state-owned enterprise, KiwiRail is required to be profitable and efficient as
comparable businesses that are not owned by the Crown (section 4(1)(a), State-Owned Enterprises
Act 1986.
As such, KiwiRail also does not have a specific policy concerning the unauthorised use of railway
land and/or the erection of the structures of KiwiRail land without written permission.
www.kiwirail.co.nz | 0800 801 070
Wel ington Railway Station, Bunny Street, Wel ington 6011
Private Bag 39988, Lower Hutt 5045, New Zealand
But pursuant to the terms of the Core Lease (see attached), KiwiRail has the exclusive right to use,
occupy and enjoy the full commercial benefits available from railway land and grant in its discretion
lease, licence, easement or other rights of occupation or use over its interest under any part of
railway land.
We also note that encroaching on any railway land without express authority constitutes trespass
under section 73(1) of the Railways Act 2005.
Question 5
We believe the land at between Maniatutu Road and Mangatoetoe stream at Pongakawa was taken
under Proclamation 4012 (attached).
Please be advised that because of the historic nature of the transaction, we cannot find any
Agreement records. If they exist, they may be with Archives New Zealand.
This information has been released under the OIA. You have the right to seek an investigation and
review of this response by the Ombudsman, in accordance with section 28(3) of the Act. The relevant
details can be found on the Ombudsman’s website:
www.ombudsman.parliament.nz. Yours sincerely
Dave Allard
Senior Government Relations Advisor, KiwiRail
www.kiwirail.co.nz | 0800 801 070
Wel ington Railway Station, Bunny Street, Wel ington 6011
Private Bag 39988, Lower Hutt 5045, New Zealand
