16 February 2024
Ohakune Ratepayers and Residents' Society Inc
[FYI request #24558 email]
Tēnā koe Ohakune Ratepayers and Residents' Society Inc
Thank you for your request to Kāinga Ora – Homes and Communities, dated 27 October
2023, under the Of icial Information Act 1982 (the Act):
“1) No street parking design layouts have been provided to date showing an aerial
view & the number of proposed parking spaces, please provide these designs.
2) Design documents related to swale design were known to be insufficient and
incorrect in June and were incorrect in the Resource Consent application. Please
provide latest stormwater design documents and discussions relating to the
stormwater design and the modifications.
3) Please provide documentation discussing or relating to what wil be done with the
additional lots over and above the 44 residential lots. For example, the current build
requirement for CIP is for 44 houses to be built, however 46 residential lots exist on
the design and consent; Please provide any discussions or documents or plans or
considerations for the additional lots.
3a)) The S&P Agreement signed between RDC & KO contained milestone dates,
Milestone 1 was for the completion of the Master plan by 30th September 2023.
Please provide the latest copy of the Master Plan
3b) The same agreement mentioned above (4) has a condition
3c) A condition within the agreement states a satisfaction date of 30th June 2024 for
HNZ Build Approval Condition. Please advise if this condition has been met yet, and
if not, what is the condition based upon.
3d) Please advise if any conditional dates or milestone dates have been modified
from the original agreement, and if so, when were these done and what are the new
dates proposed.
3e) Please provide conditional & milestone dates KO has with MHUD or CIP or
whomever the funding is with; and also advise if any of these dates have been
extended and if so to what dates.
4) In the agreement stated above, point 17.3 discusses the worker-rental homes,
please advise if any conflict of interest is registered against this item; i.e. that
partners (Ngāti Rangi, RDC & KO) are unable to purchase these properties
4a) and that no affiliation with these companies wil have first right of refusal; that a
third party wil be chosen that does not conflict or have an association with these
partners.
5) OIA information released to date discussed a draft agreement between Ngāti
Rangi; please elaborate what the agreement provides for? (unless you can provide a
copy)
5a) Does the agreement give preferential access to any of the housing?
5b) Does the agreement provide any incentive for Ngāti Rangi to have become a
partner to the Teitei Dr project?
5c) Does the agreement provide any preferences to Ngāti Rangi?
6) This query should be dealt with under section 35 of the RMA (subsection 5(g), (ga)
and (gb). - See 95A (3)(a) as to request to notify), however your partner RDC has
failed to provide the details and multiple complaints have been lodged with the
Ombudsman for the failures. So as a partner with access to the information, we ask
you to immediately provide latest S92 notices and response and any
communications regarding the consent since acceptance on 25th July 2023.
7) Provide any and all communications (related to Teitei Drive) internal to KO, or
between any partners or other government agencies, or contractors working on the
project that are not currently covered by the pro-active release already on your
website up until today the 27th October 2023
7a) Please provide any other communications regarding Teitei Drive that fit the same
scope as above (internal to KO, or between any partners or other government
agencies, or contractors working on the project) that were missed in the pro-active
release (possibly due to a confined search parameter to select sources).
8) Please provide the spend to date on the Teitei Drive Project
9) Please provide the total number of people within KO working on the Teitei project
and the FTE hours spent on the project to date.”
On 8 November, the Society asked for further information in relation to specific questions
from the original request above:
Relates to question 1 in original request:
“CONCEPT MASTERPLAN:
- Page 15 - shows 2 parking spaces per lot
- Page 16 - Isthmus shows a 18m wide road with a sidewalk on either side with
recessed parking on the right hand side going through the sidewalk and over the
person. There is a 1m side berm and a 1.5m walkway shown, if the walkway and
side berm was removed, the parking space would be 2.5m however there would no
longer be a pedestrian walkway. We note the swale side berm is also on this side of
the road and wil likely be a deep cut over 1m in depth, not usable as pedestrian
walkway plus culvert driveway access over swales. We also note that a loading zone
would require 3m wide parking space, for moving trucks, delivery trucks, etc.
- Page 16 - Isthmus for 14m wide road, we consider the same issues.
As per the original question, please provide an aerial view & the number of proposed
street parking spaces.”
Relates to question 5a:
“Question 5a asks whether the informal unsigned agreement wil give any
preferential access to any of the housing or land?”
Relates to question 5b:
“The agreement has been discussed as saying the two additional lots were not
specifically listed, which could be considered that different wording could have been
used, such as "additional lots over and above the 44 lots" could be allocated to Ngati
Rangi. Please provide actual wording referred to in the "ENGAGEMENT IS IN
ACCORDANCE WITH OUR LEGISLATION" and whether any incentive has been
provided to Ngāti Rangi to partner with Teitei Drive.”
Relates to question 5c:
“is Ngāti Rangi receiving any assets or discounts in return for their involvement as an
incentive?”
Relates to question 6:
“We stil request all updates to the resource consent that proceed the date you
uploaded the original resource consent files, this is to include the section 92 notices
but is not limited to the
On 24 November 2023, Kāinga Ora extended the due date for response by 50 working days
under sections 15A(1)(a) and 15A(1)(b) of the Act, due to the substantial collation
associated with the preparation of the response and consultations necessary to make a
decision on the request. This extension took account of the period of 25 December 2023 to
15 January 2024 which are not considered working days under the Act.
I have responded to your requests for official information in an asked and answered format
below. Please note the additional information sought on 8 November 2023 has been
incorporated with the original request of 27 October 2023.
1) No street parking design layouts have been provided to date showing an aerial
view & the number of proposed parking spaces, please provide these designs.
CONCEPT MASTERPLAN:
- Page 15 - shows 2 parking spaces per lot
- Page 16 - Isthmus shows a 18m wide road with a sidewalk on either side with
recessed parking on the right hand side going through the sidewalk and over the
person. There is a 1m side berm and a 1.5m walkway shown, if the walkway and
side berm was removed, the parking space would be 2.5m however there would
no longer be a pedestrian walkway. We note the swale side berm is also on this
side of the road and wil likely be a deep cut over 1m in depth, not usable as
pedestrian walkway plus culvert driveway access over swales. We also note that
a loading zone would require 3m wide parking space, for moving trucks, delivery
trucks, etc.
- Page 16 - Isthmus for 14m wide road, we consider the same issues.
As per the original question, please provide an aerial view & the number of
proposed street parking spaces.
An official information request response (OI 23 434) was provided to your Society President,
Mr Barry Murphy, on 9 October 2023 and it contained information and relevant links to the
concept masterplan and integrated traffic assessment in resource consent documents on the
Kāinga Ora website. It notes two parking spaces per home with additional street parking.
Further information is provided in the form of the updated integrated transport assessment
detailed in question 6 below.
Your request for an aerial view is refused under section 18(e) of the Act, as the requested
document does not exist. The final stage one design, including car parking, wil be included
in an application for land use and fee simple subdivision to enable the residential
development.
2) Design documents related to swale design were known to be insufficient and
incorrect in June and were incorrect in the Resource Consent application. Please
provide latest stormwater design documents and discussions relating to the
stormwater design and the modifications.
There are no further documents available at this time. Kāinga Ora is currently reviewing
stormwater design documentation in response to the s92 Request for further information for
the original consent lodged with RDC, and the timeframe for our submission of this
information to Council has been extended until 1 April 2024. I refer you to the Kāinga Ora
update provided on the revised consenting strategy: link to FAQ and neighbour letter.
https:/ kaingaora.govt.nz/assets/Developments-and-Programmes/Regional-Housing-
Programme/Manawatu-Whanganui/TeiTei-Drive-Ohakune/Let er-to-neighbours_resource-
consent-application-Nov-2023.pdf.
3) Please provide documentation discussing or relating to what wil be done with
the additional lots over and above the 44 residential lots. For example, the current
build requirement for CIP is for 44 houses to be built, however 46 residential lots
exist on the design and consent; Please provide any discussions or documents
or plans or considerations for the additional lots.
I refer to the previous responses on this matter (OI 23 660, OI 23 696 and OI 23 750 refers)
provided to you in late 2023 and early 2024. There is no further information to provide.
3a) The S&P Agreement signed between RDC & KO contained milestone dates,
Milestone 1 was for the completion of the Master plan by 30th September 2023.
Please provide the latest copy of the Master Plan
The first version of the S&P on the Kāinga Ora website remains the current version. The
development partners acknowledge the updated milestones and have voted to accept the
revised milestone date of 1 April 2024 for an updated version of the master plan, in
accordance with the revised consenting strategy.
There is an updated draft master plan in development that wil be made public in early 2024.
As this document is stil being drafted Kāinga Ora is withholding it under section 9(2)(g)(i) of
the Act, to
‘maintain the effective conduct of public affairs through the free and frank
expression of opinions by or between or to Ministers of the Crown or members of an
organisation or officers and employees of any public service agency or organisation in the
course of their duty.’
I do not consider the withholding of the information is outweighed by public interest
considerations in making that information available.
3b) The same agreement mentioned above (4) has a condition
3c) A condition within the agreement states a satisfaction date of 30th June 2024
for HNZ Build Approval Condition. Please advise if this condition has been met
yet, and if not, what is the condition based upon.
This condition remains in place, subject to costings based on final masterplan layout.
3d) Please advise if any conditional dates or milestone dates have been modified
from the original agreement, and if so, when were these done and what are the
new dates proposed.
Please refer to 3A. No other amendments have been made.
3e) Please provide conditional & milestone dates KO has with MHUD or CIP or
whomever the funding is with; and also advise if any of these dates have been
extended and if so to what dates.
I refer you to the Crown Infrastructure Partners funding agreement on the Kāinga Ora
website, which contains relevant dates:
https://kaingaora.govt.nz/assets/Publications/OIAs-
Of icial-Information-Requests/September-2023/Agreements-with-HUD-and-RDC.pdf.
4) In the agreement stated above, point 17.3 discusses the worker-rental homes,
please advise if any conflict of interest is registered against this item; i.e. that
partners (Ngāti Rangi, RDC & KO) are unable to purchase these properties
No conflict of interest is registered against this provision noting that any/all end purchasers
of homes need to be contracted via arm’s length terms of sale.
4a) and that no affiliation with these companies wil have first right of refusal; that
a third party wil be chosen that does not conflict or have an association with
these partners.
No First Right of Refusal provisions are included in the contract, nor are partners excluded
from tendering for the development opportunities associated with the worker rental homes.
5) OIA information released to date discussed a draft agreement between Ngāti
Rangi; please elaborate what the agreement provides for? (unless you can
provide a copy)
Under section 16(1)(e) of the Act, Kāinga Ora is providing the following summary: this
Partnership Agreement formalises the relationship between Kāinga Ora and Nga Waihua o
Paerangi. This Partnership Agreement sets to establish an ongoing co-operative relationship
regarding shared areas of interest between Ngāti Rangi and Kāinga Ora.
5a) Does the agreement give preferential access to any of the housing? Question
5a asks whether the informal unsigned agreement wil give any preferential
access to any of the housing or land?
Kāinga Ora's engagement with Ngāti Rangi is in accordance with the Kainga Ora - Homes
and Communities Act 2019. The draft Partnership Agreement does not include provision for
houses to be given or allocated to Ngāti Rangi. For the 15 public homes that wil be built, the
Kāinga Ora specialist placement team matches new homes to applicants on the Ministry of
Social Development’s Housing Register with the highest priority for a home of that size and
in that location.
5b) Does the agreement provide any incentive for Ngāti Rangi to have become a
partner to the Teitei Dr project? The agreement has been discussed as saying the
two additional lots were not specifical y listed, which could be considered that
different wording could have been used, such as "additional lots over and above
the 44 lots" could be al ocated to Ngati Rangi. Please provide actual wording
referred to in the "ENGAGEMENT IS IN ACCORDANCE WITH OUR LEGISLATION"
and whether any incentive has been provided to Ngāti Rangi to partner with Teitei
Drive
No incentive is provided. Ngāti Rangi are Mana Whenua of the area of the development
project. Kāinga Ora's engagement with Ngāti Rangi is in accordance with the Kainga Ora -
Homes and Communities Act 2019. The draft Partnership Agreement does not include
provision for houses to be given or allocated to Ngāti Rangi.
5c) Does the agreement provide any preferences to Ngāti Rangi? Is Ngāti Rangi
receiving any assets or discounts in return for their involvement as an incentive?
No. Ngāti Rangi are Mana Whenua of the area of the development project. Kāinga Ora's
engagement with Ngāti Rangi is in accordance with the Kainga Ora - Homes and
Communities Act 2019, which can be found here:
https:/ www.legislation.govt.nz/act/public/
2019/0050/latest/whole.html#LMS169206.
There is no agreement with Kāinga Ora for houses to be given or allocated to Ngāti Rangi.
6) This query should be dealt with under section 35 of the RMA (subsection 5(g),
(ga) and (gb). - See 95A (3)(a) as to request to notify), however your partner RDC
has failed to provide the details and multiple complaints have been lodged with
the Ombudsman for the failures. So as a partner with access to the information,
we ask you to immediately provide latest S92 notices and response and any
communications regarding the consent since acceptance on 25th July 2023. We
stil request al updates to the resource consent that proceed the date you
uploaded the original resource consent files, this is to include the section 92
notices but is not limited to the section 92 notices.
Kāinga Ora is currently reviewing the resource consent application documentation in
response to the section 92 request for further information for the original consent lodged with
RDC. The timeframe for our submission of this information to Council has been extended
until 1 April 2024 and in all but one instance Kāinga Ora has not yet responded to the
section 92 requests for information – in part this is related to the revised consenting strategy
that was recently announced.
Details of the announced revised consenting strategy can be found here:
https:/ kaingaora.govt.nz/assets/Developments-and-Programmes/Regional-Housing-
Programme/Manawatu-Whanganui/TeiTei-Drive-Ohakune/Let er-to-neighbours_resource-
consent-application-Nov-2023.pdf.
For the integrated transport assessment information in scope of this part of the request, I
refer to the combined material attached. Some information has been withheld under section
9(2)(a) of the Act, to protect the privacy of natural persons.
For any documents Kāinga Ora holds in draft form to respond to other section 92 notices,
this material is withheld under section 9(2)(g)(i) of the Act, to maintain the effective conduct
of public affairs through the free and frank expression of opinions by or between or to
Ministers of the Crown or members of an organisation or officers and employees of any
public service agency or organisation in the course of their duty.
Similarly, any correspondence related to drafting of section 92 responses that have not yet
been responded to, this information is also withheld under section 9(2)(g)(i) of the Act. I do
not consider the withholding of the information is outweighed by public interest
considerations in making that information available.
7) Provide any and al communications (related to Teitei Drive) internal to KO, or
between any partners or other government agencies, or contractors working on
the project that are not currently covered by the pro-active release already on
your website up until today the 27th October 2023
7a) Please provide any other communications regarding Teitei Drive that fit the
same scope as above (internal to KO, or between any partners or other
government agencies, or contractors working on the project) that were missed in
the pro-active release (possibly due to a confined search parameter to select
sources).
Kāinga Ora ran multiple searches for correspondence that may be in scope of these two
parts of the request. The broadest search of
Ohakune returned more than 37,000 search
results, while the terms
Teitei Drive and
Tei Tei Drive returned more than 12,000 and 2,900
results collectively.
The
Teitei Drive results could themselves conservatively be more than 25,000 pages of
information to assess. Any email attachments would increase the volume of material
needing to be assessed. There would also be no guarantee these or any other search
results would capture all in scope information, as results capture any communications with
specified search terms.
To attempt to respond to these two parts of the request would require Kāinga Ora to assess
each individual search result (regardless of which search results were selected), to
determine if there was any “missed” correspondence not provided in the material published
on the Kāinga Ora website in September 2023, and also assess for any potential material
that is outside of the timeframe covered by the published communications.
The work to assess search results, prepare any in scope information for release and then
consult on that information with external entities would be prohibitive, costly to the public
purse and impair efficient administration at Kāinga Ora. Therefore, these parts of your
request are refused under section 18(f) of the Act, that the information requested cannot be
made available without substantial collation or research.
8) Please provide the spend to date on the Teitei Drive Project
The information on project costs, as calculated at 24 November 2023, is publicly available
at:
https:/ fyi.org.nz/request/24278/response/93453/attach/4/Barry%20Murphy%20OI%2023%2
0650%20response%20signed.pdf.
9) Please provide the total number of people within KO working on the Teitei
project and the FTE hours spent on the project to date.
Kāinga Ora is not required under the Act to create information to respond to requests for
information, which would be required to answer this part of the request.
But to summarise at a high level the project and stakeholder team is comprised of staf from
various parts of Kāinga Ora, most of which are part time on the project (as they have other
ongoing work commitments). Other internal resource is also used on an as needed basis.
Timesheets are not kept, so it is not possible to provide how many FTE hours have been
completed on the project. This part of the request is therefore refused under section 18(g)(i)
of the Act, as the information is not held.
Also to note, the Kāinga Ora Government Relations team, which coordinates the preparation
of responses to requests for official information, also has multiple staff working on requests
for official information.
Under section 28(3) of the Act, you have the right to seek an investigation and review by the
Ombudsman of this response. Contact details for the Ombudsman can be found at
www.ombudsman.parliament.nz.
Please note that Kāinga Ora proactively releases our responses to official information
requests where possible. Our response to your request may be published at
kaingaora.govt.nz/publications/official-information-requests/ with your personal information
removed.
Nāku noa, nā
Mark Fraser
General Manager – Urban Development and Delivery
