All information pertaining to the purchase or option to purchase of property related to the East West Link Project

Nicholas Lee made this Official Information request to New Zealand Transport Agency

The request was successful.

From: Nicholas Lee

Dear New Zealand Transport Agency,

1. Please provide a list and purchase details of properties which have been acquired as part of the East West Link Project. This should include properties that are or were under contract but may not or will not settled, for whatever reason.

2. Please provide a list and option details of properties that currently or previously had options to be acquired as part of the East West Link Project.

Yours faithfully,

Nicholas Lee

Link to this

From: Official Correspondence
New Zealand Transport Agency

Dear Nicholas

This email acknowledges your below request for information made under the Official Information Act 1982.

Your request has been forwarded to the appropriate section of the Transport Agency for response. They will contact you if they require clarification of your request, more time to respond, or if your request has been transferred to another organisation to respond to. Unless more time is required, the Transport Agency will send a response to you within 20 working days of receiving your request – in this instance on or before 6 December 2017.

If you would like to discuss your request with the Transport Agency, please contact us by email at [email address].

Regards
_________ _____________________________________________

Ministerial Services
Governance, Stakeholders and Communications
50 Victoria Street, Private Bag 6995, Wellington 6141, New Zealand
_________ _____________________________________________

-----Original Message-----
From: Nicholas Lee [mailto:[FOI #6811 email]]
Sent: Wednesday, 8 November 2017 4:42 p.m.
To: Official Correspondence
Subject: OIA-3363 REQUEST Official Information request - All information pertaining to the purchase or option to purchase of property related to the East West Link Project

Dear New Zealand Transport Agency,

1. Please provide a list and purchase details of properties which have been acquired as part of the East West Link Project. This should include properties that are or were under contract but may not or will not settled, for whatever reason.

2. Please provide a list and option details of properties that currently or previously had options to be acquired as part of the East West Link Project.

Yours faithfully,

Nicholas Lee

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From: Nicholas Lee

Dear Official Correspondence,

I'm wondering about the delay in responding to this request.

Yours sincerely,

Nicholas Lee

Link to this

From: Official Correspondence
New Zealand Transport Agency


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Dear Nicholas

 

Please find attached the response to your request of 8 November 2017 for
information under the Official Information Act 1982, due to you on or
before 6 December 2017.

 

Regards

 

_________  _____________________________________________   

 

Ministerial Services

Governance, Stakeholders and Communications

50 Victoria Street, Private Bag 6995, Wellington 6141, New Zealand 

_________  _____________________________________________   

 

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From: Nicholas Lee

Dear Brett,

Thank you for response.

I see no details about the Onehunga Port.

Can you provide specific information regarding NZTA's purchase or proposed purchase of the Onehunga Port.

Also missing was transaction date information. Dates of sale/transfers. Expiry dates for the "Heads of Agreement" and "Advanced Agreement".

Please note, I would expect that "details" would also mean copies of any of these agreements are included.

Yours sincerely,

Nicholas Lee

Link to this

From: Official Correspondence
New Zealand Transport Agency

Dear Nicholas

This email acknowledges your below request for information made under the Official Information Act 1982.

Your request has been forwarded to the appropriate section of the Transport Agency for response. They will contact you if they require clarification of your request, more time to respond, or if your request has been transferred to another organisation to respond to. Unless more time is required, the Transport Agency will send a response to you within 20 working days of receiving your request – in this instance on or before 29 January 2018.

Please note that the days from 25 December 2017 through to 15 January 2018 are not working days, pursuant to the interpretation found at section 2(1) of the Act. While there are 20 working days allowed to respond under the Act, the Transport Agency will still respond as soon as reasonably practicable.

If you would like to discuss your request with the Transport Agency, please contact us by email at [email address].

Regards

_________ _____________________________________________

Ministerial Services
Governance, Stakeholders and Communications
50 Victoria Street, Private Bag 6995, Wellington 6141, New Zealand
_________ _____________________________________________

-----Original Message-----
From: Nicholas Lee [mailto:[FOI #6811 email]]
Sent: Friday, 8 December 2017 2:35 p.m.
To: Official Correspondence
Subject: Re: OIA-3363 RESPONSE

Dear Brett,

Thank you for response.

I see no details about the Onehunga Port.

Can you provide specific information regarding NZTA's purchase or proposed purchase of the Onehunga Port.

Also missing was transaction date information. Dates of sale/transfers. Expiry dates for the "Heads of Agreement" and "Advanced Agreement".

Please note, I would expect that "details" would also mean copies of any of these agreements are included.

Yours sincerely,

Nicholas Lee

-----Original Message-----

Dear Nicholas

 

Please find attached the response to your request of 8 November 2017 for information under the Official Information Act 1982, due to you on or before 6 December 2017.

 

Regards

 

_________  _____________________________________________   

 

Ministerial Services

Governance, Stakeholders and Communications

50 Victoria Street, Private Bag 6995, Wellington 6141, New Zealand 

_________  _____________________________________________   

 

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From: Nicholas Lee

Dear Official Correspondence,

I'm wondering if this will be another maximum days response.

Surely this information:-
1. should have been included in the initial reply;
2. and even so the information should be readily available.

Yours sincerely,

Nicholas Lee

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From: Official Correspondence
New Zealand Transport Agency


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Dear Nicholas,

 

Thank you for your email of 19 December 2017 in response to the NZ
Transport Agency's acknowledgement of your below request of 8 December
2017:

 

1.       I see no details about the Onehunga Port.

2.       Can you provide specific information regarding NZTA's purchase or
proposed purchase of the Onehunga Port.

3.       Also missing was transaction date information.  Dates of
sale/transfers. Expiry dates for the "Heads of Agreement" and "Advanced
Agreement".

4.       Please note, I would expect that "details" would also mean copies
of any of these agreements are included.

 

I note that you believe that this information should have been included in
our response of 6 December 2017 to your previous request dated 8 November
2017 (OIA-3363).  The Transport Agency took a reasonable view of what the
term “details” included, and in particular relied on the fact that you did
not, in that earlier request, request copies of any agreements or other
relevant documents. 

 

Based on our earlier interpretation and the clarification in your recent
request, we now understand that “details” includes:

·         Address of property (as provided previously)

·         Purchase price, if available (as provided previously)

·         Transaction date (meaning the date of settlement of any full and
final agreement)

·         Expiry date of agreement, if any

·         Type of agreement (e.g. advance agreement, heads of agreement,
full and final agreement)

·         Copy of the agreement referred to

 

We take it from your request that you would like the “detail”, as defined
above, of all properties within scope of both your original request of 8
November 2017 and more recent request of 8 December 2017. Please note that
in our response to OIA-3363 we confirmed our interpretation of “details”
and, as such, your clarified interpretation of “details” has been treated
as a new request.

 

You have referred to “specific information” about the Onehunga Port.  As
you have not stated an expectation for anything further than the “details”
as defined above, we are presuming this is the information you are
requesting.

 

As a result of the clarified definition of “details” the information being
collated and considered for release is:

 

1.       Onehunga Port

o   Purchase price

o   Transaction date

o   Expiry date

o   Type of agreement

o   Copy of the agreement

 

2.       All properties listed in the response to OIA-3363

·         Transaction date

·         Expiry date

·         Type of agreement

·         Copy of the agreement

 

3.       1-7 Sylvia Park Road and 19-21 Sylvia Park Road

·         Transaction date

·         Expiry date

·         Type of agreement

·         Copy of the agreement

 

4.       72 Frank Grey Place

·         Transaction date

·         Expiry date

·         Type of agreement

·         Copy of the agreement

 

Please note that the listing of potential information above does not
guarantee that information exists; it is simply a list of the information
we are searching for in response to this request.  Further, following
clarification of your request, the Transport Agency may still decide to
extend, refuse or charge for your request under the provisions of the Act.

 

Under section 28 of the Official Information Act 1982, you have the right
to ask the Ombudsman to review the Transport Agency’s response to
OIA-3363. The contact details for the Ombudsman can be located at:
[1]www.ombudsman.parliament.nz.

 

 

Regards

_________  _____________________________________________   

 

Ministerial Services

Governance, Stakeholders and Communications

50 Victoria Street, Private Bag 6995, Wellington 6141, New Zealand 

_________  _____________________________________________   

 

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From: Nicholas Lee

Dear Official Correspondence,

Allow me to clarify further. The information/details should include related copies of reports and communications (internal and external).

Since the Onehunga Port details is likely a larger response. We can split this into it's own request.

Yours sincerely,

Nicholas Lee

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From: Official Correspondence
New Zealand Transport Agency


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Dr Nicholas

 

We refer to your email below.

 

We take the email as confirming our interpretation as set out in our email
of 9 January 2018. As such, we will progress with compiling that
information for consideration for release to you.

 

Your email includes a request for further information, namely:

 

The information/details should include related copies of reports and
communications (internal and external).

 

We are trying to work with you to ensure we provide all information. 
However, this additional request is potentially very wide ranging and may
involve substantial collation and research.  To assist us in determining
whether that is the case please clarify what you mean by “related copies
of reports and communications”?  In particular, please advise what the
reports and communications relate to.  This clarification should provide
details of what properties it relates to, what processes it relates to,
what date range applies, and any particular issues or types of information
you are requesting.

 

We are happy to talk to you by phone or in person to provide more
background and assist you in refining your request.  If this would assist,
please contact [1][email address] with a phone number
that we can contact you on.

 

Regards,

 

_________  _____________________________________________   

Ministerial Services

Governance, Stakeholders and Communications

50 Victoria Street, Private Bag 6995, Wellington 6141, New Zealand 

_________  _____________________________________________   

 

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-----Original Message-----

From: Nicholas Lee
[[6]mailto:[FYI request #6811 email]]

Sent: Friday, 12 January 2018 12:52 p.m.

To: Official Correspondence

Subject: Re: OIA-3436 CLARIFICATION

 

Dear Official Correspondence,

 

Allow me to clarify further. The information/details should include
related copies of reports and communications (internal and external).

 

Since the Onehunga Port details is likely a larger response. We can split
this into it's own request.

 

Yours sincerely,

 

Nicholas Lee

 

-----Original Message-----

 

Dear Nicholas,

 

 

 

Thank you for your email of 19 December 2017 in response to the NZ 
Transport Agency's acknowledgement of your below request of 8 December

2017:

 

 

 

1.       I see no details about the Onehunga Port.

 

2.       Can you provide specific information regarding NZTA's purchase
or  proposed purchase of the Onehunga Port.

 

3.       Also missing was transaction date information.  Dates of 
sale/transfers. Expiry dates for the "Heads of Agreement" and "Advanced 
Agreement".

 

4.       Please note, I would expect that "details" would also mean
copies  of any of these agreements are included.

 

 

 

I note that you believe that this information should have been included
in  our response of 6 December 2017 to your previous request dated 8
November

2017 (OIA-3363).  The Transport Agency took a reasonable view of what the 
term “details” included, and in particular relied on the fact that you
did  not, in that earlier request, request copies of any agreements or
other  relevant documents. 

 

 

 

Based on our earlier interpretation and the clarification in your recent 
request, we now understand that “details” includes:

 

·         Address of property (as provided previously)

 

·         Purchase price, if available (as provided previously)

 

·         Transaction date (meaning the date of settlement of any full
and  final agreement)

 

·         Expiry date of agreement, if any

 

·         Type of agreement (e.g. advance agreement, heads of agreement, 
full and final agreement)

 

·         Copy of the agreement referred to

 

 

 

We take it from your request that you would like the “detail”, as defined 
above, of all properties within scope of both your original request of 8 
November 2017 and more recent request of 8 December 2017. Please note
that  in our response to OIA-3363 we confirmed our interpretation of
“details”

and, as such, your clarified interpretation of “details” has been treated 
as a new request.

 

 

 

You have referred to “specific information” about the Onehunga Port.  As 
you have not stated an expectation for anything further than the “details”

as defined above, we are presuming this is the information you are 
requesting.

 

 

 

As a result of the clarified definition of “details” the information
being  collated and considered for release is:

 

 

 

1.       Onehunga Port

 

o   Purchase price

 

o   Transaction date

 

o   Expiry date

 

o   Type of agreement

 

o   Copy of the agreement

 

 

 

2.       All properties listed in the response to OIA-3363

 

·         Transaction date

 

·         Expiry date

 

·         Type of agreement

 

·         Copy of the agreement

 

 

 

3.       1-7 Sylvia Park Road and 19-21 Sylvia Park Road

 

·         Transaction date

 

·         Expiry date

 

·         Type of agreement

 

·         Copy of the agreement

 

 

 

4.       72 Frank Grey Place

 

·         Transaction date

 

·         Expiry date

 

·         Type of agreement

 

·         Copy of the agreement

 

 

 

Please note that the listing of potential information above does not 
guarantee that information exists; it is simply a list of the information 
we are searching for in response to this request.  Further, following 
clarification of your request, the Transport Agency may still decide to 
extend, refuse or charge for your request under the provisions of the Act.

 

 

 

Under section 28 of the Official Information Act 1982, you have the right 
to ask the Ombudsman to review the Transport Agency’s response to 
OIA-3363. The contact details for the Ombudsman can be located at:

[http://scanmail.trustwave.com/?c=2838&am...

 

 

 

 

 

Regards

 

_________  _____________________________________________   

 

 

 

Ministerial Services

 

Governance, Stakeholders and Communications

 

50 Victoria Street, Private Bag 6995, Wellington 6141, New Zealand 

 

_________  _____________________________________________   

 

 

 

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Luke C left an annotation ()

Nicholas

My advice would be to rescind your request for the "related copies of reports and communications (internal and external)".

Asking for the "reports and communications" will may make your request so large, that the Agency may charge you for the time spent actioning it, or, refuse your because of the substantial amount of work required to locate the "reports and communications".

I recommend that you stick with the clarified request as set out in the Agency's 9 Jan 2018 email. Once you have received the "details" from the Agency, you can then evaluate whether you actually need more information, such as the "reports and communications".

I agree with all of the Agency's responses and they are doing an excellent job of assisting you so you get the information you seek.

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From: Official Correspondence
New Zealand Transport Agency


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Dear Nicholas

 

Please find attached a letter advising of an extension to your request for
information under the Official Information Act 1982 of 8 December 2017.

 

A response will now be sent to you on or before 20 February 2018.

 

Regards

 

_________  _____________________________________________   

 

Ministerial Services

Governance, Stakeholders and Communications

50 Victoria Street, Private Bag 6995, Wellington 6141, New Zealand 

_________  _____________________________________________   

 

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From: Nicholas Lee

Dear Official Correspondence,

Sorry for the delay in response.

I agree at this stage to Luke suggestion and withdraw my request for "all communications".

However, if there are any reports related to the Onehunga Port separate that will be provide as per your email of the January 09, 2018. Then I would either like a list of their titles. Or it's not much additional work the actual reports.

My main focus is to form a view of the current status of the Onehunga Port. Particularly given statements made during the EWL 2017 process which stated that NZTA was in the completing the purchase of the site from Auckland Ports.

Yours sincerely,

Nicholas Lee

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From: Official Correspondence
New Zealand Transport Agency


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Dear Nicholas

 

Please find attached the response to your request of 8 December 2017 for
information under the Official Information Act 1982.

 

Please note that the documents being released to you will need to be
provided on a USB due to the size of the files.

 

Could you please kindly provide us with a postal address so that we can
provide this to you as soon as possible.

 

Please email [1][email address] with a suitable
postal address.

 

Regards

 

_________  _____________________________________________   

 

Ministerial Services

Governance, Stakeholders and Communications

50 Victoria Street, Private Bag 6995, Wellington 6141, New Zealand 

_________  _____________________________________________   

 

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