Auckland air cadet trust Building at Unitec
Grace Haden made this Official Information request to Unitec Institute of Technology
The request was successful.
From: Grace Haden
Dear Unitec Institute of Technology,
The auckland air cadet trust entered into a contract to place two former hobsonville barracks on the site adjoining the vet clinic in the early 2000"s
the buildings were used by Unitec but were owned by the auckland air cadet trust
By way of OIA please provide a copy of the heads of agreement which was entered into with regards to the buildings and any other documents which set out the rights and obligations with regards to theses buildings.
Please also provide copies of all documents and reports which refer to these buildings and the air cadets 3 and 19 squadrons occupancy of theses premises and the consideration and or discussion with regards to this when determining the future use of this land as residential
also a copy of all correspondence with auckland air cadet trust in regards to the contract/ licence to occupy for their property
Yours faithfully,
Grace Haden
From: Richard Browning
Unitec Institute of Technology
Please see attached letter.
Regards,
Richard Browning
Legal Counsel
UNITEC INSTITUTE OF TECHNOLOGY
[Unitec request email]
Tel +64 9 815 4321
-----Original Message-----
From: Grace Haden [mailto:[FYI request #7695 email]]
Sent: Tuesday, 24 April 2018 10:29 a.m.
To: Richard Browning <[Unitec request email]>
Subject: Official Information request - Auckland air cadet trust Building at Unitec
Dear Unitec Institute of Technology,
The auckland air cadet trust entered into a contract to place two former hobsonville barracks on the site adjoining the vet clinic in the early 2000"s
the buildings were used by Unitec but were owned by the auckland air cadet trust
By way of OIA please provide a copy of the heads of agreement which was entered into with regards to the buildings and any other documents which set out the rights and obligations with regards to theses buildings.
Please also provide copies of all documents and reports which refer to these buildings and the air cadets 3 and 19 squadrons occupancy of theses premises and the consideration and or discussion with regards to this when determining the future use of this land as residential
also a copy of all correspondence with auckland air cadet trust in regards to the contract/ licence to occupy for their property
Yours faithfully,
Grace Haden
-------------------------------------------------------------------
This is an Official Information request made via the FYI website.
Please use this email address for all replies to this request:
[FYI request #7695 email]
Is [Unitec request email] the wrong address for Official Information requests to Unitec Institute of Technology? If so, please contact us using this form:
https://fyi.org.nz/change_request/new?bo...
Disclaimer: This message and any reply that you make will be published on the internet. Our privacy and copyright policies:
https://fyi.org.nz/help/officers
If you find this service useful as an Official Information officer, please ask your web manager to link to us from your organisation's OIA or LGOIMA page.
-------------------------------------------------------------------
Unitec Notice: This email, including any attachments, may contain information which is confidential or subject to legal privilege or copyright. If you are not the intended recipient of this email, you may not read, use, copy or disclose it or its attachments. If you are not the intended recipient please notify us immediately and then delete this email from your system.
hide quoted sections
From: Richard Browning
Unitec Institute of Technology
Please see attached letter and related documents.
Regards,
Richard Browning
Legal Counsel
UNITEC INSTITUTE OF TECHNOLOGY
[1][Unitec request email]
Tel +64 9 815 4321
Unitec Notice: This email, including any attachments, may contain
information which is confidential or subject to legal privilege or
copyright. If you are not the intended recipient of this email, you may
not read, use, copy or disclose it or its attachments. If you are not the
intended recipient please notify us immediately and then delete this email
from your system.
References
Visible links
1. mailto:[Unitec request email]
From: Grace Haden
Dear Richard Browning,
Thank you for the information supplied
as you may appreciate the contract is central to this issue , I was once a trustee of the auckland air cadet trust and was of the belief that the agreement as per the contract was something like 20 years with 20 years right of renewal
The kids at the time gave all their funds to the project and spent some $300,000 to relocate the building. volunteers painted it , it was used by Unitec both the school of sport and for the animal welfare lectures by Neil Wells
Neil Wells the chairman of the trust was also a lecturer at unitec and received a commendation for the placement of the building at Unitec. http://www.transparency.net.nz/wp-conten...
It appears to me that this was very much a win situation for Unitec and now the cadets are being spat out at the other end and after just 16 years are told to take a hike , they will no doubt incur costs for having their building demolished .
As you can see with the conflicts of interest of Wells and the in the interest of the rights to have a contract honoured it is crucial that the contract is produced so that it can be honoured
The air cadets is a very worthwhile organisation which develops young men and women , this is all about fair play and not being taken to the cleaners.
a whole generation of cadets gave up their time to place that building to " provided space at a very low cost to Unitec " Countless cars were washed, and chores done to raise the funds for the building from which Unitec and Neil Wells benefited.
If you need the land and break the contract then I am sure that as a lawyer you will see that it is fair and just to ensure that these kids receive facilities which are suitable for their purpose or compensation to a level where by they can secure such facilities.
Initially I request a copy of the contract , commercially sensitive material can be redacted but the terms of the contract are material.
I look forward to receiving this information without the involvement of the ombudsman .
Yours sincerely,
Grace Haden
From: Richard Browning
Unitec Institute of Technology
Dear Grace
Thank you for your email.
It suggests that your concerns may have been unnecessarily raised by some assumptions that you seem to have made. In particular, please note:
1. Unitec has not cancelled the lease. Nor has it plans to demolish the building. It has sold the land subject to the existing tenancies including the tenancy applicable to the land occupied by the Trust.
2. The Crown, the new owner of the land, has purchased the land subject to the tenancies and, as you might expect, has an obligation to honour and comply with the current terms of the lease.
I note that you claim to be acting on behalf of or in the interests of the Trust and the air cadets. If so, then if you send me a signed statement from the current trustees consenting to you being provided with a copy of the lease, I shall then send it to you.
Best wishes,
Richard
Richard Browning
Legal Counsel
UNITEC INSTITUTE OF TECHNOLOGY
[Unitec request email]
Tel +64 9 815 4321
-----Original Message-----
From: Grace Haden [mailto:[FOI #7695 email]]
Sent: Wednesday, 23 May 2018 9:56 a.m.
To: Richard Browning <[Unitec request email]>
Subject: Re: OIA Request
Dear Richard Browning,
Thank you for the information supplied
as you may appreciate the contract is central to this issue , I was once a trustee of the auckland air cadet trust and was of the belief that the agreement as per the contract was something like 20 years with 20 years right of renewal
The kids at the time gave all their funds to the project and spent some $300,000 to relocate the building. volunteers painted it , it was used by Unitec both the school of sport and for the animal welfare lectures by Neil Wells
Neil Wells the chairman of the trust was also a lecturer at unitec and received a commendation for the placement of the building at Unitec. http://www.transparency.net.nz/wp-conten...
It appears to me that this was very much a win situation for Unitec and now the cadets are being spat out at the other end and after just 16 years are told to take a hike , they will no doubt incur costs for having their building demolished .
As you can see with the conflicts of interest of Wells and the in the interest of the rights to have a contract honoured it is crucial that the contract is produced so that it can be honoured
The air cadets is a very worthwhile organisation which develops young men and women , this is all about fair play and not being taken to the cleaners.
a whole generation of cadets gave up their time to place that building to " provided space at a very low cost to Unitec " Countless cars were washed, and chores done to raise the funds for the building from which Unitec and Neil Wells benefited.
If you need the land and break the contract then I am sure that as a lawyer you will see that it is fair and just to ensure that these kids receive facilities which are suitable for their purpose or compensation to a level where by they can secure such facilities.
Initially I request a copy of the contract , commercially sensitive material can be redacted but the terms of the contract are material.
I look forward to receiving this information without the involvement of the ombudsman .
Yours sincerely,
Grace Haden
-----Original Message-----
Please see attached letter and related documents.
Regards,
Richard Browning
Legal Counsel
UNITEC INSTITUTE OF TECHNOLOGY
[1][Unitec request email]
Tel +64 9 815 4321
Unitec Notice: This email, including any attachments, may contain information which is confidential or subject to legal privilege or copyright. If you are not the intended recipient of this email, you may not read, use, copy or disclose it or its attachments. If you are not the intended recipient please notify us immediately and then delete this email from your system.
References
Visible links
1. mailto:[Unitec request email]
-------------------------------------------------------------------
Please use this email address for all replies to this request:
[FOI #7695 email]
Disclaimer: This message and any reply that you make will be published on the internet. Our privacy and copyright policies:
https://fyi.org.nz/help/officers
If you find this service useful as an Official Information officer, please ask your web manager to link to us from your organisation's OIA or LGOIMA page.
-------------------------------------------------------------------
hide quoted sections
From: Grace Haden
Dear Richard Browning,
I do not represent the auckland air cadet trust, I am however a former trustee who was concerned at the time with the recklessness of the other trustees with the assets of 3 and 19 squadron ATC
I was the former treasurer of 19 squadron , my son is an officer in the squadron and I am grossly concerned that these kids washed cars for many years for this building which I am now told they are going to lose .
I have not seen any evidence of the land being sold it was crown land which transferred to the crown entity unitec institute of technology .
Could you please advise who the land has been sold to and which minister gave consent for that sale , I have not noted anything in parliamentary records but could have missed it .
The contract / agreement is vital to the interest of protecting the rights of the cadets , the auckland air cadet trust appear to be doing very little in this regard and some one has to hold them accountable to their deed and their obligations to the kids of 3 and 19 squadron
I believe that I am sufficiently well connected with the issue and want to help these kids .
I therefore request a copy of the contract/agreement by way of OIA s we are supposed to be open and transparent about these matters.
Yours sincerely,
Grace Haden
From: Richard Browning
Unitec Institute of Technology
Thank you for your email. I am currently on leave and am planning to
return to the office on Tuesday 29 May 2018.
I shall deal with any requests for legal input on my return. If the matter
is urgent and cannot wait until then, please contact Graeme Archer
([1][email address])
Regards,
Richard
Richard Browning
Legal Counsel
Director Legal & Contracts
Unitec Institute of Technology
Ph 815 4321 x 7868
email:
[2][Unitec request email]
Unitec Notice: This email, including any attachments, may contain
information which is confidential or subject to legal privilege or
copyright. If you are not the intended recipient of this email, you may
not read, use, copy or disclose it or its attachments. If you are not the
intended recipient please notify us immediately and then delete this email
from your system.
References
Visible links
1. mailto:[email address]
2. mailto:[Unitec request email]
From: Richard Browning
Unitec Institute of Technology
Dear Grace Haden
There has been a very great deal of publicity and comment in the media about the land sale to the Crown. I attach a copy of the Crown's press release at the time of the sale. This will give you some details of the sale. It also names the minister responsible, the Minister for Housing and Urban Development, Hon Phil Twyford.
As I advised you previously, Unitec is no longer the formal and legal lessor under the leases. This has now passed to the Crown. Accordingly, I believe we are not entitled to provide a copy without the consent of one of the current parties to the lease. I suggest there are 2 options: either you request a copy of the lease from the Trust; or I could write and ask for the Trust's consent for Unitec to provide a copy on their behalf.
Please let me know which option you would like to take up.
Regards,
Richard
Richard Browning
Legal Counsel
UNITEC INSTITUTE OF TECHNOLOGY
[Unitec request email]
Tel +64 9 815 4321
-----Original Message-----
From: Grace Haden [mailto:[FOI #7695 email]]
Sent: Friday, 25 May 2018 9:58 a.m.
To: Richard Browning <[Unitec request email]>
Subject: RE: OIA Request
Dear Richard Browning,
I do not represent the auckland air cadet trust, I am however a former trustee who was concerned at the time with the recklessness of the other trustees with the assets of 3 and 19 squadron ATC
I was the former treasurer of 19 squadron , my son is an officer in the squadron and I am grossly concerned that these kids washed cars for many years for this building which I am now told they are going to lose .
I have not seen any evidence of the land being sold it was crown land which transferred to the crown entity unitec institute of technology .
Could you please advise who the land has been sold to and which minister gave consent for that sale , I have not noted anything in parliamentary records but could have missed it .
The contract / agreement is vital to the interest of protecting the rights of the cadets , the auckland air cadet trust appear to be doing very little in this regard and some one has to hold them accountable to their deed and their obligations to the kids of 3 and 19 squadron
I believe that I am sufficiently well connected with the issue and want to help these kids .
I therefore request a copy of the contract/agreement by way of OIA s we are supposed to be open and transparent about these matters.
Yours sincerely,
Grace Haden
-----Original Message-----
Dear Grace
Thank you for your email.
It suggests that your concerns may have been unnecessarily raised by some assumptions that you seem to have made. In particular, please note:
1. Unitec has not cancelled the lease. Nor has it plans to demolish the building. It has sold the land subject to the existing tenancies including the tenancy applicable to the land occupied by the Trust.
2.The Crown, the new owner of the land, has purchased the land subject to the tenancies and, as you might expect, has an obligation to honour and comply with the current terms of the lease.
I note that you claim to be acting on behalf of or in the interests of the Trust and the air cadets. If so, then if you send me a signed statement from the current trustees consenting to you being provided with a copy of the lease, I shall then send it to you.
Best wishes,
Richard
Richard Browning
Legal Counsel
UNITEC INSTITUTE OF TECHNOLOGY
[Unitec request email]
Tel +64 9 815 4321
-------------------------------------------------------------------
Please use this email address for all replies to this request:
[FOI #7695 email]
Disclaimer: This message and any reply that you make will be published on the internet. Our privacy and copyright policies:
https://fyi.org.nz/help/officers
If you find this service useful as an Official Information officer, please ask your web manager to link to us from your organisation's OIA or LGOIMA page.
-------------------------------------------------------------------
Unitec Notice: This email, including any attachments, may contain information which is confidential or subject to legal privilege or copyright. If you are not the intended recipient of this email, you may not read, use, copy or disclose it or its attachments. If you are not the intended recipient please notify us immediately and then delete this email from your system.
hide quoted sections
From: Grace Haden
Dear Richard Browning,
Thank you for your reply
I would like to take you up on your offer to write to the trust and obtain their consent to release a copy , it is after all in their interest to have this released .
I had not realised that the land had been " sold " to the crown, I was pretty certain that it was crown land at the time when the building was moved on to the property ,
I will await your response and will in the interim seek an OIA from the minister.
thank you for your assistance
regards Grace Haden
From: Richard Browning
Unitec Institute of Technology
Dear Grace Haden
A request has been sent to the Trust. I shall let you know when I receive a reply.
Regards,
Richard
-----Original Message-----
From: Grace Haden [mailto:[FYI request #7695 email]]
Sent: Tuesday, 29 May 2018 6:08 p.m.
To: Richard Browning <[Unitec request email]>
Subject: RE: OIA Request
Dear Richard Browning,
Thank you for your reply
I would like to take you up on your offer to write to the trust and obtain their consent to release a copy , it is after all in their interest to have this released .
I had not realised that the land had been " sold " to the crown, I was pretty certain that it was crown land at the time when the building was moved on to the property ,
I will await your response and will in the interim seek an OIA from the minister.
thank you for your assistance
regards Grace Haden
-----Original Message-----
Dear Grace Haden
There has been a very great deal of publicity and comment in the media about the land sale to the Crown. I attach a copy of the Crown's press release at the time of the sale. This will give you some details of the sale. It also names the minister responsible, the Minister for Housing and Urban Development, Hon Phil Twyford.
As I advised you previously, Unitec is no longer the formal and legal lessor under the leases. This has now passed to the Crown. Accordingly, I believe we are not entitled to provide a copy without the consent of one of the current parties to the lease. I suggest there are 2 options: either you request a copy of the lease from the Trust; or I could write and ask for the Trust's consent for Unitec to provide a copy on their behalf.
Please let me know which option you would like to take up.
Regards,
Richard
Richard Browning
Legal Counsel
UNITEC INSTITUTE OF TECHNOLOGY
[Unitec request email]
Tel +64 9 815 4321
-------------------------------------------------------------------
Please use this email address for all replies to this request:
[FYI request #7695 email]
Disclaimer: This message and any reply that you make will be published on the internet. Our privacy and copyright policies:
https://fyi.org.nz/help/officers
If you find this service useful as an Official Information officer, please ask your web manager to link to us from your organisation's OIA or LGOIMA page.
-------------------------------------------------------------------
Unitec Notice: This email, including any attachments, may contain information which is confidential or subject to legal privilege or copyright. If you are not the intended recipient of this email, you may not read, use, copy or disclose it or its attachments. If you are not the intended recipient please notify us immediately and then delete this email from your system.
hide quoted sections
From: Richard Browning
Unitec Institute of Technology
Dear Grace Haden
The AACT Trustees have given consent for me to provide you with a copy of
the lease, which is attached.
Regards,
Richard Browning
Legal Counsel
UNITEC INSTITUTE OF TECHNOLOGY
[1][Unitec request email]
Tel +64 9 815 4321
Unitec Notice: This email, including any attachments, may contain
information which is confidential or subject to legal privilege or
copyright. If you are not the intended recipient of this email, you may
not read, use, copy or disclose it or its attachments. If you are not the
intended recipient please notify us immediately and then delete this email
from your system.
References
Visible links
1. mailto:[Unitec request email]
Things to do with this request
- Add an annotation (to help the requester or others)
- Download a zip file of all correspondence
Offensive? Unsuitable?
Requests for personal information and vexatious requests are not considered valid requests for Official Information (read more).
If you believe this request is not suitable, you can report it for attention by the site administrators
Report this requestAct on what you've learnt
Similar requests
Parking Enforcement Contracts
To Te Pūkenga—New Zealand Institute of Skills and Technology by B Fairburn
