Thank you for your e-mail. This is an auto-reply confirming receipt.
We will allocate your request to the appropriate staff for action.

Regards

Contact Centre Team
New Plymouth District Council

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Dear Sir/Madam

 

Please find attached New Plymouth District Council’s response to your
LGOIMA request of 26 February 2018.

 

Regards

Julie Straka

GOVERNANCE LEAD

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Regards

Contact Centre Team
New Plymouth District Council

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Thank you for your email of 27 March.  The Council's response to your
email is:

 

Question 3: You provided no official information regarding the basis or
advice in your response. This information should have been provided to the
Mayor and Councillors prior to the adoption decision of the Long Term Plan
that you refer to.

A copy of the report to the Council is available [1]here.  The idea of
selling some recreational land to pay for flagship projects is raised on
pages 8, 136 and 158 of the document. 

 

Please note that the Council has not adopted its Long Term Plan.  The
decision on 21 December 2017 related to adoption of supporting information
prior to preparing, for approval, the Consultation Document for the draft
Long Term Plan.

 

Question 4: You provided no official information regarding the proposal or
how it was communicated to the public.

Your question was answered.   No official information was requested.

 

Question 4: You did not provide an answer to the question of whether a
business case had been developed or any official information related to
this.

To clarify, no business case has been developed to date.  A business case
would only be developed should the Council resolve to invest in Flagship
Projects and fund those projects from proceeds from disposing of NPDC
land.   The Council will be considering all options following submissions
on the draft Long Term Plan.

 

Question 5: You provided no official information regarding the Mayor
communicating the selling of reserve land to the public after his
election.

Your question relates to the comments during the Mayors election
campaign.  This is not official information held by the Council.  You have
now clarified that you are interested in Mayoral communications to the
public following his election.  You can find a media release [2]here (18
December 2017). 

 

Question 6: You have provided no official information related to advice
received regarding the ability of the Fitzroy Golf Club to renew its
lease.

Your question asked what advice the Council has received – the Council
stated that it had received legal advice.

 

Question 7: You have provided no official information regarding advice
received by the Mayor from Council regarding the proposed sale.

Your question asked what advice the Mayor has received from the Council –
the Council stated that he had been briefed verbally. 

 

Regards

Julie Straka

Governance Lead

 

-----Original Message-----
From: Innovation Expert
[[3]mailto:[FOI #7340 email]]
Sent: Tuesday, 27 March 2018 4:56 PM
To: Julie Straka <[4][email address]>
Subject: Re: LGOIMA request response

 

Dear Julie Straka,

 

As the request was made under the LGOIMA please supply official
information related to the questions asked.

 

In particular:

Question 3: You provided no official information regarding the basis or
advice in your response. This information should have been provided to the
Mayor and Councillors prior to the adoption decision of the Long Term Plan
that you refer to.

Question 4: You provided no official information regarding the proposal or
how it was communicated to the public.

Question 4: You did not provide an answer to the question of whether a
business case had been developed or any official information related to
this.

Question 5: You provided no official information regarding the Mayor
communicating the selling of reserve land to the public after his
election.

Question 6: You have provided no official information related to advice
received regarding the ability of the Fitzroy Golf Club to renew its
lease.

Question 7: You have provided no official information regarding advice
received by the Mayor from Council regarding the proposed sale.

 

Yours sincerely,

 

Innovation Expert

 

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

 

Dear Sir/Madam

 

 

 

Please find attached New Plymouth District Council’s response to your 
LGOIMA request of 26 February 2018.

 

 

 

Regards

 

Julie Straka

 

GOVERNANCE LEAD

 

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hide quoted sections

Dear Sir/Madam

 

Further to our response to Question 9 of the attached letter, we are
unable to provide the documentation today. 

 

There has been more documentation than expected which has taken time to
collate.

 

All correspondence has now been collated and we expect to forward copies
of the documents to you on Monday.

 

 

Regards

Julie Straka

GOVERNANCE LEAD

 

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Please find attached New Plymouth District Council’s response to the
question outstanding on your LGOIMA request of 26 February 2018.  The
timeframe for response on this question was extended and advised to your
on 27 March 2018.

 

The information is provided in five documents (plus the cover letter). 
These will be sent through in separate emails.

 

Regards

Julie Straka

GOVERNANCE LEAD

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As per my previous email,

 

Regards

Julie Straka

GOVERNANCE LEAD

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As per my previous email,

 

Regards

Julie Straka

GOVERNANCE LEAD

 

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As per my previous email,

 

Regards

Julie Straka

GOVERNANCE LEAD

 

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As per my earlier emails.  The documents are now attached.

 

Regards

Julie Straka

GOVERNANCE LEAD

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Dear Sir/Madam

 

Please find attached a response to your LGOIMA request of 4 April 2018. 

 

Regards

Julie Straka

GOVERNANCE LEAD

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Thank you for your email.

The report was an internal document that was never signed. We believe the copy provided is the final copy.

Regards
Julie

-----Original Message-----
From: Innovation Expert [mailto:[FYI request #7340 email]]
Sent: Tuesday, 17 April 2018 4:08 PM
To: Julie Straka <[email address]>
Subject: Re: LGOIMA Response - Proposed selling of Land Occupied by Fitzroy Golf Club

Dear Julie Straka,

Thank you for sending the requested information.

Could you please provide a final signed and approved copy of the 2012 report "Process outline for the Revocation and Disposal of Public Reserve leased to Fitzroy Golf Club"?

Yours sincerely,

Innovation Expert

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

Dear Sir/Madam

Please find attached a response to your LGOIMA request of 4 April 2018.

Regards

Julie Straka

GOVERNANCE LEAD

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hide quoted sections

Dear Sir/Madam

The "Waiwhakaiho Project" is a different working title for the proposed sale of reserve land currently leased to Fitzroy Golf Club. There is no additional official information beyond that you have already been provided.

Regards
Julie Straka

-----Original Message-----
From: Innovation Expert [mailto:[FOI #7340 email]]
Sent: Wednesday, 18 April 2018 10:06 PM
To: Julie Straka <[email address]>
Subject: RE: LGOIMA Response - Proposed selling of Land Occupied by Fitzroy Golf Club

Dear Julie Straka,

Please could you also provide more official information relating to "Waiwhakaiho Project" and how this relates to the sale of the reserve land currently leased to Fitzroy Golf Club.

Yours sincerely,

Innovation Expert

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

Thank you for your email.

The report was an internal document that was never signed. We believe the copy provided is the final copy.

Regards
Julie

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hide quoted sections

Dear Sir/Madam

 

Further to your additional questions below:

 

1.            The 2012 Technical Report has never been formally presented
to councillors as part of a report or tabled at a Council meeting.

 

2.            As advised in my letter of 16 April 2018, “New Plymouth
District Council has received one external legal opinion in relation to
proposed sale of reserve land.  The Council has also received verbal
advice from Simpson Grierson at a Council workshop on 9 March 2018.   The
opinion and advice received has been withheld under section 7(2)(g) of the
LGOIMA to protect information which is subject to legal professional
privilege.  While initially the Council indicated that the opinion may be
released, due to the contentious nature of the proposal, the Council
asserts its right to legal professional privilege.”

 

Regards

Julie Straka

 

-----Original Message-----
From: Innovation Expert
[[1]mailto:[FOI #7340 email]]
Sent: Wednesday, 18 April 2018 6:23 PM
To: Julie Straka <[2][email address]>
Subject: RE: LGOIMA Response - Proposed selling of Land Occupied by
Fitzroy Golf Club

 

Dear Julie Straka,

 

Thank you for clarifying that the Technical Report was not signed by any
of the authors. Can you confirm if the Council or Councillors considered
this document at any stage, including in preparation for the current draft
Long Term Plan?

 

I have read the documents that you have provided. I have not found any
documents or minutes related to Council workshops that considered the sale
of Reserve Land. Please could you provide these as part of the LGOIMA
request for all documents held by NPDC?

 

Yours sincerely,

 

Innovation Expert

 

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

 

Thank you for your email.

 

The report was an internal document that was never signed. We believe the
copy provided is the final copy.

 

Regards

Julie

 

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hide quoted sections

?Thank you for your email. I will be out of the office until Monday 30 April 2018.
Regards
Julie Straka
GOVERNANCE LEAD

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Dear Sir/Madam

The Council will treat this as a new LGOIMA request, we will endeavour to respond to your request as soon as possible and in any event no later than 23 May 2018,
being 20 working days after the day your request was received. If we are unable to respond to your request by then, we will notify you of an extension of that timeframe.

I will be coordinating the response to your request.

Regards
Julie Straka
GOVERNANCE LEAD

-----Original Message-----
From: Innovation Expert [mailto:[FOI #7340 email]]
Sent: Tuesday, 24 April 2018 2:50 PM
To: Julie Straka <[email address]>
Subject: RE: LGOIMA Response - Proposed selling of Land Occupied by Fitzroy Golf Club

Dear Julie Straka,

I understand that the sale of reserve land currently occupied by Fitzroy Golf Club was discussed at a number of workshops prior to the one attended by Simpson Grierson, e.g. 22nd November 2017. Please could you provide me with any documents or records of these workshops that are not protected by legal privilege and have not been previously supplied?

Yours sincerely,

Innovation Expert

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

Dear Sir/Madam

The "Waiwhakaiho Project" is a different working title for the proposed sale of reserve land currently leased to Fitzroy Golf Club. There is no additional official information beyond that you have already been provided.

Regards
Julie Straka

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Dear Sir/Madam

The Council will treat this as a new LGOIMA request, we will endeavour to respond to your request as soon as possible and in any event no later than 23 May 2018,
being 20 working days after the day your request was received. If we are unable to respond to your request by then, we will notify you of an extension of that timeframe.

I will be coordinating the response to your request.

Regards
Julie Straka
GOVERNANCE LEAD

-----Original Message-----
From: Innovation Expert [mailto:[FOI #7340 email]]
Sent: Tuesday, 24 April 2018 5:32 PM
To: Julie Straka <[email address]>
Subject: Re: FW: LGOIMA Response - Proposed selling of Land Occupied by Fitzroy Golf Club

Dear Julie Straka,

In the absence of the legal opinions themselves, could you please provide the dates on which you received a legal opinion regarding the ability of the Fitzroy Golf Club to renew its lease and the ability of NPDC to sell the land currently occupied by Fitzroy Golf Club?

Yours sincerely,

Innovation Expert

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

Dear Sir/Madam

Further to your additional questions below:

1. The 2012 Technical Report has never been formally presented to councillors as part of a report or tabled at a Council meeting.

2. As advised in my letter of 16 April 2018, “New Plymouth District Council has received one external legal opinion in relation to proposed sale of reserve land. The Council has also received verbal advice from Simpson Grierson at a Council workshop on 9 March 2018. The opinion and advice received has been withheld under section 7(2)(g) of the LGOIMA to protect information which is subject to legal professional privilege. While initially the Council indicated that the opinion may be released, due to the contentious nature of the proposal, the Council asserts its right to legal professional privilege.”

Regards

Julie Straka

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Dear Sir/Madam

The Council will treat this as a new LGOIMA request, we will endeavour to respond to your request as soon as possible and in any event no later than 25 May 2018,
being 20 working days after the day your request was received. If we are unable to respond to your request by then, we will notify you of an extension of that timeframe.

I will be coordinating the response to your request.

Regards
Julie Straka
GOVERNANCE LEAD

-----Original Message-----
From: Innovation Expert [mailto:[FOI #7340 email]]
Sent: Friday, 27 April 2018 2:21 PM
To: Julie Straka <[email address]>
Subject: Re: FW: LGOIMA Response - Proposed selling of Land Occupied by Fitzroy Golf Club

Dear Julie Straka,

The information provided in the original LGOIMA request contains an email from Mr Alan Bird to John Williams, Councillors and Craig Stevenson sent on 7 February 2018, outlining a legal opinion that "there are no rights of renewal" for the Golf Course after its current lease expires in 2023.

This is further supported by an email from Neil Holdom to Jacqueline Baker which discusses a legal position dated 29 January 2018 in response to enquiries from the Taranaki Daily News for its newspaper article referred to in Mr Bird's email.

Please could you provide a copy of this legal opinion as the 'gist' or content has been publicly disclosed, creating an implied waiver of legal privilege?

Yours sincerely,

Innovation Expert

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

Dear Sir/Madam

Further to your additional questions below:

1. The 2012 Technical Report has never been formally presented to councillors as part of a report or tabled at a Council meeting.

2. As advised in my letter of 16 April 2018, “New Plymouth District Council has received one external legal opinion in relation to proposed sale of reserve land. The Council has also received verbal advice from Simpson Grierson at a Council workshop on 9 March 2018. The opinion and advice received has been withheld under section 7(2)(g) of the LGOIMA to protect information which is subject to legal professional privilege. While initially the Council indicated that the opinion may be released, due to the contentious nature of the proposal, the Council asserts its right to legal professional privilege.”

Regards

Julie Straka

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Please find attached the Council’s response in relation to your LGOIMA
request of 24 April.

 

Regards

Julie

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Please find attached a copy of the Council’s response to your LGOIMA
response of 27 April 2018.

 

Regards

Julie Straka

GOVERNANCE LEAD

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Please find attached the Council’s response to your request for
information provided in Council workshops (email dated 24 April 2018).

 

Regards

Julie Straka

GOVERNANCE LEAD

 

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Thank you for your e-mail. This is an auto-reply confirming receipt.
We will allocate your request to the appropriate staff for action.

Regards

Contact Centre Team
New Plymouth District Council

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Good Afternoon Innovation Expert

 

Your request dated Friday 15 June 2018, received by Council on Monday 18
June 2018, is acknowledged.

 

The Council is required to respond no later than 20 working days after
receipt of the LGOIMA request; that being 16 July 2018.

 

The Council intends to release the legal advice, dated 30 January 2018,
obtained in respect of the Fitzroy Golf Club Lease.

 

Would you please review your questions that reference that opinion in
light of that proposed release.

 

In respect of the following questions:

Copy of all reports completed by Council staff  that consider or relate to
the sale of Reserve Land occupied by Fitzroy Golf Club, or the status of
the lease of the Fitzroy Golf Club, whether presented at a full Council
meeting or not. Please also provide dates and minutes / records of
meetings between Council Staff or elected representatives with 3rd parties
(such as New Plymouth Golf Club members) where the above matters were
discussed.

Council intends to refuse this request as it too broad and would require
substantial research and collation.

Could you please reconsider the question and state a date from which you
would like such a search to commence and what 3^rd parties you are
referring to.

 

Copy of all correspondence relating to the changes to the NPDC
Significance and Engagement Policy 5th September 2017 that provides for a
"whole of network" approach to be taken to Strategic assets, such as parks
and reserves, and that "consideration of a small portions of a network
(such as the disposal of a portion of a park) will not generally meet the
Strategic Asset test requiring LTP amendment"?

This question potentially also requires substantial research.

 

The Council may accordingly charge for such research and collation – that
charge is currently set at $120/hr or part thereof.

 

If you do not wish to modify your questions then the Council will estimate
the time it will take to research and collate your request and advise you
of that estimate.

 

 

Paul Drake

Legal Services Lead

Legal Services Team

 

New Plymouth District Council |Liardet St| Private Bag 2025|New Plymouth
4342 | Ph 06 759 2564

| [1]www.newplymouthnz.com | [2]Facebook | [3]Twitter

 

 

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Thank you for your e-mail. This is an auto-reply confirming receipt.
We will allocate your request to the appropriate staff for action.

Regards

Contact Centre Team
New Plymouth District Council

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Morena Innovation Expert

 

In response to your information request dated 15 June 2018 and as amended
by your subsequent email dated 25 June 2018.

 

1.       Could you confirm that it took 7 months to receive this legal
advice (30th January 2018).

The Council workshop was held on 26 June 2017. Following that workshop
verbal legal advice was obtained which confirmed Council’s position.

On 26 January 2018, following public comment that the lease document gave
the golf club a right of renewal at the expiry of their lease and that
under the terms of the lease NPDC does not have the ability to follow
through on the proposal, Council obtained written legal advice.

 

2.       That public disclosures made by Council officers that there was
no right of renewal was not the key aspect or "a significant part" of the
legal advice sought and provided.

The requirement for waiver of legal privilege requires the client (in this
instance the Council) to “voluntarily disclose a significant part of the
legal advice”. On the assumption that the Council Officers were
referencing the legal opinion then it is the Council’s opinion that it did
not disclosure of a significant part of the legal advice.

 

3.       Council documents from 6-06-18 Extraordinary Meeting Agenda
states "The Fitzroy Golf Club lease provided for a single right of renewal
that was exercised for a term from 1 July 2002, expiring on 30 June 2023.
There is no further right of renewal."

The Officers’ response stated “The Fitzroy Golf Club lease provided for a
single right of renewal that was exercised for a term from 1 July 2002,
expiring on 30 June 2023. There is no further right of renewal.” Clearly
the Officer is referring to the Lease and not the Legal Opinion.

 

4.       Could you confirm that this statement does not disclose 'a
significant part' of the legal advice sought and provided?

Council confirms that this statement does not disclose 'a significant
part' of the legal advice sought and provided. The statement is referring
to the Lease.

 

5.       Please provide a copy of the legal opinion provided to the
Council concerning the ability of the Fitzroy Golf Club to renew its
lease.

A copy of the legal opinion is attached. Please note that:

Given the current situation and the fact that the proposal for
redevelopment of part of the Fitzroy Golf Club land has been removed from
the LTP, and given the interest the matter generated, Council has decided
to make an exception and release the legal advice obtained in relation to
the Fitzroy Golf Club’s lease.  This does not act as a waiver of any legal
professional privilege that may apply to any future advice that the
Council might obtain with respect to the Golf Club lease or the Peringa
Park land.”

 

6.       Please provide a copy of any reports prepared by Council Staff,
not previously provided under my original LGOIMA request (possibly in
error like the Workshops), that consider the sale of Reserve Land occupied
by Fitzroy Golf Club, or the status of the lease of the Fitzroy Golf Club,
whether presented at a fully constituted meeting of Council or not. The
commencement date for this request is 1st December 2016..

This request has previously been responded to.

 

7.       Copy of dates, minutes/records of meetings (not previously
disclosed as part of my original request) between Council Staff and the
Mayor with 3rd parties (Rudi Gesterkamp, Neil Evetts, Mel Cook, New
Plymouth Golf Club Inc; and the Taranaki Daily News) where the sale of the
Reserve Land occupied by Fitzroy Golf Club and/or the status of the lease
of the Fitzroy Golf Club was discussed.

No meeting took place between Rudi Gesterkamp, Council staff and the
Mayor.

No minutes were kept from the meeting between representatives of NP Golf
Club, the Mayor and Council staff.

 

 8. Please provide copies of any reports prepared by Council staff
relating to changes to the NPDC Significance and Engagement Policy
adopted on 5 September 2017, that provide for a "whole of network"
approach to be taken strategic assets Strategic assets, such as parks
and reserves, and that "consideration of a small portions of a network
(such as the disposal of a portion of a park) will not generally meet
the Strategic Asset test requiring LTP amendment"?

The Report is publically available information which can be accessed from
the Council’s website under Council Meetings. The Report is contained in
the Council Meeting Agenda for its meeting 5 September 2017.

 

 9. Please provide any reports which relate to the 'recycling' of Council
land or the development of a Council owned 'land business' based on
this approach? Commencement date for this would be 23 June 2017, being
the date of the 1st NPDC workshop on the sale of the Peringa Park
Recreational Reserve.

Reports that are relevant to your question is public information and can
be accessed from the Council’s website under Council Meetings; the
relevant meeting dates are:

21 December 2017

28 February 2018

26 March 2018

6 June 2018

 

 

 

 

 

Paul Drake

Legal Services Lead

Legal Services Team

 

New Plymouth District Council |Liardet St| Private Bag 2025|New Plymouth
4342 | Ph 06 759 2564

| [1]www.newplymouthnz.com | [2]Facebook | [3]Twitter

 

 

 

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the sender immediately and erase the original message and any attachments
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Dear Innovation Expert

Council acknowledges your two emails bearing today's date.

The Council will treat the two email requests as one LGOIMA request.

1. Fitzroy Golf Club
2. Collaborative Community Plan

In respect of the video request I will forward to the appropriate staff member.

In respect of all other requests I will request that an estimate of time be provided; Council charges $120/hr.

Once that time estimate has been provided I will email to you the estimated cost of processing your LGOIMA request.

Regards

Paul Drake
Legal Services Lead
Legal Services Team

New Plymouth District Council
84 Liardet Street|New Plymouth 4310|
Private Bag 2025|New Plymouth 4340 |
Ph 06 759 2564|
www.newplymouthnz.com | Facebook | Twitter

-----Original Message-----
From: Innovation Expert [mailto:[FYI request #7340 email]]
Sent: Thursday, 12 July 2018 12:15 PM
To: Paul Drake <[email address]>
Subject: Re: LGOIMA Innovation Expert: NPDC Response

Dear Paul Drake,

In addition to my most recent request, please could you provide a working link to the video of the NPDC Planning Committee on 23rd August 2017 and the Council Meeting of 5th September 2017? These are indicated as available but display as "Non-existent video!".

Please could you also provide any official information, including communications and reports related to the "collaborative community plan" developed to review the Significance and Engagement Plan, together with details of the "Significance and Engagement Plan" as opposed to the "Significance and Engagement Policy".

Yours sincerely,

Innovation Expert

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Dear Sir/Madam

 

Please find below a link to the information requested in regards to the
Oakura Farm Park Private Plan Change application to NPDC.   All
information requested under the legislation is included, except for
meeting and venue set ups for administration purposes.

Request:  Oakura Farm Park private plan change application to NPDC.

“Please provide all official information related to the proposed private
plan change including records of meetings and correspondence related to
the Oakura Farm Park development and any decisions to employ external
experts/ consultants to support NPDC in this matter”.

 

Click on the link to access the generated batch document.

 

[1]https://t1ciapp.npdc.govt.nz/T1Prod/CiAn...

 

Please note, the document generation may still be in progress.

 

Please note this link will expire on 16 August 2018, 3:56 p.m.

Either print out or save to a USB.

 

Regards

 

Juliet Johnson

District Planning Lead

New Plymouth District Council | Liardet St | Private Bag 2025 | New
Plymouth 4342 | | CELL 027 807 6118

[2]www.newplymouthnz.com | [3]Facebook | [4]Twitter

 

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the sender immediately and erase the original message and any attachments
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Dear Innovation Expert

 

Questions:

 

1.            Can you confirm that this is the position (i.e. unclear)
that was confirmed in a verbal legal opinion legal received by Council
from Simpson Grierson after the workshop on 26th June?

 

2.            Please can you provide the date on which the verbal opinion
was received?

 

3.            Please could you clarify in any released document the
'significant part' of the legal opinion that was not disclosed publicly by
Council officers and formed the basis of your decision to withhold the
opinion due to legal privilege?"

 

Response:

1.       The Council confirms that the verbal legal advice provided by SG
was consistent with the subsequent written SG legal opinion.

 

2.       The Council did not keep a record of the date on which the verbal
opinion was received.

 

3.       This request is not for information but rather an interpretation
of the reason for withholding the information which was subsequently
provided.

 

 

Question: Please provide the attachment referred to in the email from
Catherine Croot on 23 June 2017. This appears to have been omitted from
the previous material in error.

 

Response:

The following are the details of two slides from a Power Point
presentation relevant to your request:

 

Fitzroy Golf Club Lease

•Issued under Section 54(1) Reserves Act 1977

•Commenced                                           1 July 1981

•Current term expiry                               30 June 2023

•Right of renewal                                     Legal advice is
clarifying any right of renewal is currently being sought

•Current rental                                         $8,293 pa

•Rent reviews                                           CPI 3 yearly

•Area                                                        30ha
approximately

•Zone                                                        Open Space,
Dune Protection Area, part Natural Value Coastal Policy Area

•Estimate of value                                   $20m plus after
rezoning developable area and revocation

 

 

Fitzroy Golf Club Lease Boundary

 

 

Question: Please provide a working link to the video of the NPDC Planning
Committee on 23rd August 2017 and the Council Meeting of 5th September
2017?

 

Response: Council Meeting Recordings older than February 2018 no longer
exist.

 

 

Question: Please provide any reports related to the

a.       "collaborative community plan" developed to review the
Significance and Engagement Plan, and

b.      details of the "Significance and Engagement Plan" as opposed to
the "Significance and Engagement Policy".

 

Response:
[1]http://www.newplymouthnz.com/-/media/8C1...
- starts page 32

 

 

 

Regards

 

 

Paul Drake

Legal Services Lead|Legal Services Team

 

New Plymouth District Council

84 Liardet Street|New Plymouth 4310|Private Bag 2025|New Plymouth 4340 |Ph
06 759 2564|

[2]www.newplymouthnz.com | [3]Facebook | [4]Twitter

 

 

 

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