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Restrictions on airport neighbours

Simon Nyhof made this Official Information request to Christchurch International Airport Limited

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From: Simon Nyhof

Dear Christchurch International Airport Limited,

Please confirm the list of restrictions which are imposed upon people living and businesses based near CHC airport currently.

Yours faithfully,

Simon Nyhof

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From: CIAL Legal Team
Christchurch International Airport Limited


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Kia ora Simon

 

Thank you for your recent request to Christchurch Airport pursuant to the
Official Information Act, seeking the following information:

 

•             Request Received via fyi.org.nz – Saturday, 26 August 2023,
3:02 pm: Official Information request - Restrictions on airport
neighbours.

 

We will endeavour to respond to your request as soon as possible and in
accordance with the applicable statutory time frames.

 

Ngâ mihi
CIAL Legal Team
E [1][Christchurch International Airport Limited request email]
W [2]christchurchairport.co.nz
P PO Box 14001, Ôtautahi Chch 8544, Aotearoa

 

 

 

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From: CIAL Legal Team
Christchurch International Airport Limited


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Kia ora Simon

 

Thank you for your recent request to Christchurch Airport pursuant to the
Official Information Act, seeking the following information:

 

•             Request Received via fyi.org.nz – Saturday, 26 August 2023,
3:02 pm: Official Information request - Restrictions on airport
neighbours.

 

We will endeavour to respond to your request as soon as possible and in
accordance with the applicable statutory time frames.

 

Ngâ mihi
CIAL Legal Team
E [1][Christchurch International Airport Limited request email]
W [2]christchurchairport.co.nz
P PO Box 14001, Ôtautahi Chch 8544, Aotearoa

 

 

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Link to this

From: CIAL Legal Team
Christchurch International Airport Limited


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Attachment CIAL Letter to Simon Nyhof OIA Request 22 September 2023.pdf
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Kia ora Simon,

 

Please refer to the attached letter in relation to your recent request for
information held by Christchurch International Airport Limited under the
Official Information Act 1982.

 

Ngā mihi

CIAL Legal Team
E [1][Christchurch International Airport Limited request email]
W [2]christchurchairport.co.nz
P PO Box 14001, Ōtautahi Chch 8544, Aotearoa
   
   
   
    [3][IMG][4][IMG] [5][IMG] 
     

 

 

 

From: CIAL Legal Team
Sent: Monday, 28 August 2023 1:24 PM
To: Simon Nyhof <[FOI #23961 email]>
Subject: RE: Official Information request - Restrictions on airport
neighbours

 

Kia ora Simon

 

Thank you for your recent request to Christchurch Airport pursuant to the
Official Information Act, seeking the following information:

 

•             Request Received via fyi.org.nz – Saturday, 26 August 2023,
3:02 pm: Official Information request - Restrictions on airport
neighbours.

 

We will endeavour to respond to your request as soon as possible and in
accordance with the applicable statutory time frames.

 

Ngā mihi
CIAL Legal Team
E [6][Christchurch International Airport Limited request email]
W [7]christchurchairport.co.nz
P PO Box 14001, Ōtautahi Chch 8544, Aotearoa

 

 

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Link to this

From: Simon Nyhof

Dear CIAL Legal Team,

Thank you for coming back to me

No, your reply does not answer my question, and I apologise if it wasn't narrow enough or clear enough. Here is a narrower version for you, which hopefully you can answer quickly!

Please confirm the list of restrictions which are imposed upon people living and businesses based near CHC airport (defined us up to 5 km away) currently, where those restrictions are imposed by or on behalf of Christchurch Airport (including through council instruments, planning rules intended to help the operation of the airport), or directly in relation to the activities of the airport. By way of example, building restrictions, restrictions for certain types of businesses, airport consent(s) required under certain circumstances, etc."

If you need me to try rewording this because you consider it too broad, please let me know immediately and I will try again.

Yours sincerely,

Simon Nyhof

Link to this

From: CIAL Legal Team
Christchurch International Airport Limited


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Kia Ora Simon,

 

Thank you for your follow up email dated 26 September 2023 containing your
amended request.

 

In response to your amended request, we refer you to the information set
out in paragraph four of our letter to you dated 22 September 2023 (the
Previous Letter). 

 

For further context:

 

 a. In relation to the applicable planning and land use restrictions
through New Zealand’s planning law framework noted at paragraph 4a of
the Previous Letter, CIAL does not “impose” such restrictions. In
particular, with respect to District and City Plans, these are
developed by councils and are reviewed every ten years, with such
review giving people and organisations (such as CIAL) the opportunity
to make submissions on the proposals through hearings, before the plan
is finalised. In any event, as noted in our Previous Letter (and for
the purposes of section 18(d) of the OIA), the planning instruments
comprising New Zealand’s planning law framework are publicly
available.

 

 b. Paragraphs 4b and 4c of our Previous Letter note other circumstances
where restrictions might apply to people living and/or businesses
based near Christchurch Airport. As we have noted in those paragraphs,
these restrictions are not “imposed” by Christchurch Airport and, in
any event, a list of such restrictions would be withheld on the basis
that:

 

i. in relation to information pertaining to any encumbrances on titles,
this information is, for the purposes of section 18(d) of the OIA,
publicly available; and
ii. in relation to any restrictions contained in lease arrangements
entered into by CIAL with its tenants, this information is withheld
under s 9(2)(i) and s9(2)(j) of the OIA.

 

If you require any further information or we have in some way
misinterpreted your requests, please let us know. As we noted in the
Previous Letter, you have the right to seek an investigation and review by
the Ombudsman of the decisions contained in this letter. Information about
how to contact the Ombudsman or make a complaint is available at
[1]www.ombudsman.parliament.nz or freephone 0800 802 602.

 

Yours sincerely

CIAL Legal Team

 

Ngā mihi
CIAL Legal Team
E [2][Christchurch International Airport Limited request email]
W [3]christchurchairport.co.nz
P PO Box 14001, Ōtautahi Chch 8544, Aotearoa

 

 

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