Môrena Stefan,

Ngâ mihi nui ki a koe mô tô îmera | Thank you for your email.
We have forwarded this to our Official Information Officer for their response.

Ngâ mihi,
Tina Turia

Te Kaunihera o Te Awa Kairangi ki Uta | Upper Hutt City Council
838 – 842 Fergusson Drive, Private Bag 907, Upper Hutt 5140, New Zealand
Waea: 04 527 2169 | Îmçra: [email address]

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Dear Stefan

 

RE: Official information request for Silverstream Spur

I am writing to acknowledge receipt of your official information request
dated 16/08/2021 for Silverstream Spur information.

We will endeavour to respond to your request as soon as possible and in
any event no later than 13/09/2021, 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.

If you have any queries, please feel free to contact me. If any additional
factors come to light which are relevant to your request, please do not
hesitate to contact us so that these can be taken into account.

Regards

 

Julie Toft

 

 

Julie Toft
LGOIMA Officer

Strategy, Partnerships and Growth

 

Te Kaunihera o Te Awa Kairangi ki Uta | Upper Hutt City Council

838 – 842 Fergusson Drive, Private Bag 907, Upper Hutt 5140, New Zealand
E: [1][email address]
W: [2]www.upperhuttcity.com | F: [3]www.fb.com/UpperHuttCityCouncil

 

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Hello Stefan

 

RE: Official information request for Silverstream Spur

 

Your request will require substantial research and collation. Anything
after one hour will be charged at $72 per hour as per the UHCC Fees and
Charges.  Please let me know if you are happy to proceed on this basis and
I will prepare a cost estimate for you.

 

Alternatively, you can narrow the scope of your request by advising a date
range or specific information you are looking for in order to reduce the
time.

 

Regards

 

Julie Toft

 

 

Julie Toft
LGOIMA Officer

Strategy, Partnerships and Growth

 

Te Kaunihera o Te Awa Kairangi ki Uta | Upper Hutt City Council

838 – 842 Fergusson Drive, Private Bag 907, Upper Hutt 5140, New Zealand
E: [1][email address]
W: [2]www.upperhuttcity.com | F: [3]www.fb.com/UpperHuttCityCouncil

 

 

 

 

From: Julie Toft
Sent: Monday, 16 August 2021 4:35 pm
To: [4][FOI #16402 email]
Subject: Official information request for Silverstream Spur

 

Dear Stefan

 

RE: Official information request for Silverstream Spur

I am writing to acknowledge receipt of your official information request
dated 16/08/2021 for Silverstream Spur information.

We will endeavour to respond to your request as soon as possible and in
any event no later than 13/09/2021, 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.

If you have any queries, please feel free to contact me. If any additional
factors come to light which are relevant to your request, please do not
hesitate to contact us so that these can be taken into account.

Regards

 

Julie Toft

 

 

Julie Toft
LGOIMA Officer

Strategy, Partnerships and Growth

 

Te Kaunihera o Te Awa Kairangi ki Uta | Upper Hutt City Council

838 – 842 Fergusson Drive, Private Bag 907, Upper Hutt 5140, New Zealand
E: [5][email address]
W: [6]www.upperhuttcity.com | F: [7]www.fb.com/UpperHuttCityCouncil

 

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Thank you Stefan for your response we will be in touch in due course.

Regards

Julie Toft

Julie Toft
LGOIMA Officer
Strategy, Partnerships and Growth

Te Kaunihera o Te Awa Kairangi ki Uta | Upper Hutt City Council
838 - 842 Fergusson Drive, Private Bag 907, Upper Hutt 5140, New Zealand
E: [email address]
W: www.upperhuttcity.com | F: www.fb.com/UpperHuttCityCouncil

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Dear Stefan

Thank you for your recent email dated Wednesday the 18th of August 2021.

Can I confirm that your LGOIMA request from the 14/08/2021 can now be closed and that the only information you require is in relation to your further request for information dated 18 August 2021?

Look forward to hearing from you in the near future.

Regards

Julie Toft
LGOIMA Officer
Strategy, Partnerships and Growth

Te Kaunihera o Te Awa Kairangi ki Uta | Upper Hutt City Council
838 - 842 Fergusson Drive, Private Bag 907, Upper Hutt 5140, New Zealand
E: [email address]
W: www.upperhuttcity.com | F: www.fb.com/UpperHuttCityCouncil

From: Stefan Brown <[email address]>
Sent: Wednesday, August 18, 2021 6:25 PM
To: UHCC <[email address]>
Subject: Official Information request - Kainga Ora Infrastructure Acceleration Fund Application regarding the Silverstream Spur

Dear Upper Hutt City Council,

I would like a copy of the recent Upper Hutt City Council application to the Infrastructure Acceleration Fund Expression of Interest for funding to construct a road/infrastructure corridor on the Silverstream Spur. I do not require information on the other 3 items applied for.

Please treat this request as urgent, there is an important plan change that this council is doing that affects the Silverstream Spur and this information is required for submissions to this plan change. In addition there is a very high level of public interest in the proposed Spur development so it would be good to have this information in the public so they can make an informed choice.

Yours faithfully,

Stefan Brown

-------------------------------------------------------------------

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Dear Stefan

RE: Infrastructure Acceleration Fund Expression of Interest for funding to construct a road/infrastructure corridor on the Silverstream Spur.

I am writing to acknowledge receipt that you wish for your first request from 16/08/2021 to remain active thank you. Confirming also that we will be opening up your latest LGOIMA request dated 22/08/2021 for Silverstream Spur information.

We will endeavour to respond to your request as soon as possible and in any event no later than 20/09/2021, 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.

If you have any queries, please feel free to contact me. If any additional factors come to light which are relevant to your request, please do not hesitate to contact us so that these can be taken into account.

Regards

Julie Toft
LGOIMA Officer
Strategy, Partnerships and Growth

Te Kaunihera o Te Awa Kairangi ki Uta | Upper Hutt City Council
838 - 842 Fergusson Drive, Private Bag 907, Upper Hutt 5140, New Zealand
E: [email address]
W: www.upperhuttcity.com | F: www.fb.com/UpperHuttCityCouncil

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Ata mârie Mr Brown,

 

Your request

 

We have considered your request for information under the Local Government
Official Information and Meetings Act 1987, set out below and received on
Wednesday 18 August 2021, for a copy of the recent Upper Hutt City Council
application to the Infrastructure Acceleration Fund Expression of Interest
for funding to construct a road/infrastructure corridor on the
Silverstream Spur.

 

Decision on your request

 

The information you have requested has been received from third parties in
confidence in the course of putting together the information, and is
subject to the terms of Kâinga Ora’s EOI process which requires
confidentiality.

 

And so we have decided to refuse your request in accordance with section
7(2)(c)(i) of LGOIMA, a copy of which is reproduced below for your
reference.

 

In considering whether to grant or refuse your request we have considered
whether the public interest should override the obligation of
confidentiality and have determined that at this time it does not.

 

Your right to appeal our decision

 

You have the right to seek an investigation and review by the Ombudsman of
this decision. Information about how to make a complaint is available at
[1]www.ombudsman.parliament.nz or freephone 0800 802 602.

 

Section 7 of LGOIMA

 

 

Regards,

 

Guy Smith

Kaitohutohu Mâtâmua â-Ture | General Counsel

Te Kaunihera o Te Awa Kairangi ki Uta | Upper Hutt City Council

838 – 842 Fergusson Drive, Private Bag 907, Upper Hutt 5140, New Zealand
Tau Waea: +64 4 527 2147 | Waea: +64 4 527 2169 | Waea Pûkoro: +64 21 392
142 
Îmçra: [2][email address] | Pae Tukutuku: [3]www.upperhuttcity.com
Pukamata: [4]www.fb.com/UpperHuttCityCouncil

 

The contents of this email is confidential to Upper Hutt City Council and
may be legally privileged. If you are not the intended recipient please
notify the sender immediately. Please do not further forward this email
without the consent of the author.

 

--

 

From: Stefan Brown <[email address]>

Sent: Wednesday, August 18, 2021 6:25 PM

To: UHCC <[email address]>

Subject: Official Information request - Kainga Ora Infrastructure
Acceleration Fund Application regarding the Silverstream Spur

 

Dear Upper Hutt City Council,

 

I would like a copy of the recent Upper Hutt City Council application to
the Infrastructure Acceleration Fund Expression of Interest for funding to
construct a road/infrastructure corridor on the Silverstream Spur. I do
not require information on the other 3 items applied for.

 

Please treat this request as urgent, there is an important plan change
that this council is doing that affects the Silverstream Spur and this
information is required for submissions to this plan change. In addition
there is a very high level of public interest in the proposed Spur
development so it would be good to have this information in the public so
they can make an informed choice.

 

Yours faithfully,

 

Stefan Brown

 

 

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Kia ora Mr Brown,

 

I’m in the process of working through your official information request
for all emails sent to or from Chief Executive off Upper Hutt City Council
Peter Kelly containing or including any discussion, information, or
meetings relating to the Silverstream spur, memorandum of understanding
with Guildford Timber Company, and dealings, discussions or conversations
between Upper Hutt City Council in relation to any land swap, sale,
valuation, expression of interest, construction of a road, plans or visual
concepts, relating to the Silverstream Spur, Guildford Timber Company,
Silverstream Forest, Ralph Goodwin, James McKibbin, and Mark Ratcliffe.

 

Could you help me to narrow the field a little?

 

Is your request for information that features the Chief Executive, Peter
Kelly, and including emails, notes, formal documents like MoUs, etc where
the subject matter is Guildford Timber Company and/or the Silverstream
Spur (or the associated parties you listed)?

 

Or are you request all the information Council holds about Guildford
Timber Company and/or the Silverstream Spur and associated parties?

 

The wider request, for all information held, is more likely to be refused
I think, because it would encompass material spanning more than 30 years
and many staff.

 

If your request is confined to Mr Kelly’s dealings then I anticipate fewer
issues.

 

If it’s easier to discuss by phone feel free to give me a call (numbers
below).

 

I’m conscious that the deadline for our decision is today, as you’ve noted
in your other correspondence.

 

Cheers,

 

Guy.

 

 

 

Guy Smith

Kaitohutohu Mâtâmua â-Ture | General Counsel

Te Kaunihera o Te Awa Kairangi ki Uta | Upper Hutt City Council

838 – 842 Fergusson Drive, Private Bag 907, Upper Hutt 5140, New Zealand
Tau Waea: +64 4 527 2147 | Waea: +64 4 527 2169 | Waea Pûkoro: +64 21 392
142 
Îmçra: [1][email address] | Pae Tukutuku: [2]www.upperhuttcity.com
Pukamata: [3]www.fb.com/UpperHuttCityCouncil

 

The contents of this email is confidential to Upper Hutt City Council and
may be legally privileged. If you are not the intended recipient please
notify the sender immediately. Please do not further forward this email
without the consent of the author.

 

 

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Ahiahi marie Stefan,

Thanks for clarifying, which enables me to give a formal response to your request as follows.

Your request:

You have requested emails (including information attached) to or from Peter Kelly dated from 1 November 2020 until the date of your request, 16 August 2021, which relate to the Silverstream Spur, Guildford Timber Company, Silverstream Forest, Ralph Goodwin, James McKibbin, and Mark Ratcliffe.

Decision on your request:

We have decided to grant your request in part, subject to redactions on privacy and commercial confidentiality grounds, under sections 7(2)(a) and 7(2)(b) and 7(2)(c) of the Local Government Official Information and Meetings Act 1987.

We will release the information to you electronically. There will be no charge.

We are in the process of redacting the information and will send it to you as soon as we are able.

You have the right to seek an investigation and review by the Ombudsman of this decision. Information about how to make a complaint is available at www.ombudsman.parliament.nz or by freephone 0800 802 602.

Please also feel free to contact me to discuss.

Nga mihi,

Guy.

Guy Smith
Kaitohutohu Mâtâmua â-Ture | General Counsel

Te Kaunihera o Te Awa Kairangi ki Uta | Upper Hutt City Council

838 – 842 Fergusson Drive, Private Bag 907, Upper Hutt 5140, New Zealand Tau Waea: +64 4 527 2147 | Waea: +64 4 527 2169 | Waea Pûkoro: +64 21 392 142

The contents of this email is confidential to Upper Hutt City Council and may be legally privileged. If you are not the intended recipient please notify the sender immediately. Please do not further forward this email without the consent of the author.

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Kia ora Stefan,

I'm about 10% of the way through redacting information to be withheld from about 400 pages of documents.

I expect to get it finalised and checked and out to you by the end of the week.

Regards,

Guy.

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Kia ora Stefan,

 

Thanks for your patience I apologise for not getting back to you last
week.

 

I have completed reviewing and redacting the emails requested. There are
additional grounds for withholding information than those I gave in my
earlier email on 27 September. In the end I have withheld information of
the following types on the following grounds:

 

 1. Emails between Andrea Hilton and officers, and between DLA Piper and
Andrea Hilton, which are subject to legal privilege (LGOIMA section
7(g)). In general these relate to the drafting and negotiation of
proposed conditions of the land swap.
 2. Emails between officers, and between elected members, and between
officers and elected members, where disclosure would prejudice the
free and frank expression of opinions (LGOIMA s7(f)(i))
 3. Personal information of anyone not an employee of Council or not
readily known (LGOIMA s7(2))
 4. Information supplied by GTC or its valuers where disclosure may
unreasonably prejudice their commercial position. For example,
calculations of developable areas and pricing for parcels of land.
(LGOIMA s7(2)(b)(ii))
 5. Information provided by our valuer, or officials, where disclosure may
prejudice or disadvantage commercial negotiations in the future. For
example, terms and conditions we may expect in any agreement for sale
and purchase. Pricing for parcels of land. (LGOIMA s7(i))

 

I have also removed duplicates as much as I was able. Because the email
documents are in chains, there is some overlap, and it can be a bit tricky
from a readability perspective.

 

The package of emails is available for you at our front desk now.

 

I apologise for not being able to send it digitally, but I want to have
full confidence in the redacting process.

 

As always, you have the right to seek an investigation and review by the
Ombudsman if you are not happy with the outcome here. Information about
how to make a complaint is available at
[1]http://www.ombudsman.parliament.nz or by freephone 0800 802 602.

 

Guy.

 

Guy Smith

Kaitohutohu Mātāmua ā-Ture | General Counsel

Te Kaunihera o Te Awa Kairangi ki Uta | Upper Hutt City Council

838 – 842 Fergusson Drive, Private Bag 907, Upper Hutt 5140, New Zealand
Tau Waea: +64 4 527 2147 | Waea: +64 4 527 2169 | Waea Pūkoro: +64 21 392
142 
Īmēra: [2][email address] | Pae Tukutuku: [3]www.upperhuttcity.com
Pukamata: [4]www.fb.com/UpperHuttCityCouncil

 

The contents of this email is confidential to Upper Hutt City Council and
may be legally privileged. If you are not the intended recipient please
notify the sender immediately. Please do not further forward this email
without the consent of the author.

 

 

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Dear Stefan

Attached is a scan of the emails requested.

Kind regards

Mary Cashmore
Legal Secretary / Administrator

Te Kaunihera o Te Awa Kairangi ki Uta | Upper Hutt City Council
838 – 842 Fergusson Drive, Private Bag 907, Upper Hutt 5140, New Zealand
Tau Waea: +64 4 527 2157 | Waea: +64 4 527 2169
Īmēra: [email address] | Pae Tukutuku: www.upperhuttcity.com
Pukamata: www.fb.com/UpperHuttCityCouncil

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