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2. Sec 9(2)(f)(iv)
7. As there is limited time to meet Cabinet’s expectations for this process, a joined up
process between Ministers and agencies is preferable and more likely to lead to a
successful outcome.
We recommend you talk further with Minister Jones about this matter.
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Ngā mihi,
Stacey
Stacey Wrenn (she/her)
Director, Regulatory Authorisations
Whare Kaupapa Atawhai | Conservation House
Phone: Sec 9(2)(a)
www.doc.govt.nz
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Te Runanganui o Ngati Hikairo ki Tongariro, is the mandated Trust that operates on behalf of our hapu. It is our
hapu that holds mana whenua, when it comes to matters of interest within our rohe, and of course, the northern
face of Mt Ruapehu falls within this boundary.
As Ngati Hikairo, we have always held interest in our maunga, with Mt Ruapehu being no different. These
maunga are our 'constants' and are part of who we are.
Therefore, Te Runanganui o Ngati Hikairo ki Tongariro, being the hapu at place, would like to officially express
our interest in Whakapapa.
Nga mihi
Huria (JB) Chambers
Act
Chairperson Te Runanganui o Ngati Hikairo ki Tongariro
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Item 3
Status Report item template
This item is for the
Minister of Conservation.
1.1 Update on Tongariro regulatory matters
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Along with officials from Te Arawhiti, we attended a hui with Gerrard Albert and Sheena
Maru from Ngā Tangata Tiaki and representatives from Ngāti Rangi, Ngāti Hāua and
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Patutokotoko on 10 May 2024. Out of Scope
•
It was clear throughout the hui that iwi and hapū wil not accept a truncated process
for any concession application to operate Whakapapa ski field, and expect to be
engaged on all statutory decisions within the process under Te Awa Tupua
(Whanganui River Claims Settlement) Act 2017, including decisions about whether an
application is complete and ready to be publicly notified.
•
Out of Scope
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To ensure we are able to make a decision on any concession application for
Whakapapa ski field by Sec 9(2)(f)(iv) , as instructed by Cabinet, we are preparing to
engage with iwi and hapū on the parameters for a potential concession to operate the
ski field. This engagement wil likely start after you and the Minister for Treaty of
Waitangi Negotiations have met with Te Ariki Tā Tumu Te Heuheu and iwi leaders.
We understand letters from you and Minister Goldsmith are being sent to Tā Tumu
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and iwi leaders during the week of 13 May 2024 initiating this engagement.
•
The initial phase of the expression of interest process led by Ruapehu Alpine Lifts
Limited’s receivers closed last week. We understand the next phase is for interested
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parties to undertake their due diligence before submitting final proposals. Officials from
Kānoa – Regional Economic Development and Investment Unit (Kānoa – RDU) are
briefing the Minister for Regional Economic Development this week about the
proposals and the next steps in the process.
•
We understand Kānoa – RDU is advising Minister Jones their preferred timeframe is
Sec 9(2)(f)(iv)
. We
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have written to Kānoa – RDU advising this timeframe is not possible if a concession
application is received Sec 9(2)(f)(iv) as currently planned. Based on what we learned
through the Tūroa ski field process and the strong expectations set by iwi and hapū,
we wil require at least six months to process a complete concession application,
provided the parameters for the concession have been identified through upfront
engagement with iwi and hapū.
•
Representatives from Ngāti Tūwharetoa are currently occupying the Tussock Tavern
and motel units in Whakapapa Vil age. We are working to understand what these
representatives are seeking, but expect they hold ongoing concerns related to the
maunga and Whakapapa ski field. We have been engaging with Nigel Chee, Chief
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Executive of Te Kotahitanga o Ngāti Tūwharetoa, about how best to resolve concerns.
Next steps
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We are progressing actions agreed with Ngā Tangata Tiaki, iwi and hapū, including
setting up a meeting with iwi, hapū, and Pure Tūroa.
Weekly Status Reports for the Ministers – format and guidance DOC-2728361
•
We wil continue to work closely with Kānoa – RDU as the expression of interest
process progresses, and plan our engagement with iwi and hapū about the parameters
for a concession for Whakapapa ski field.
Contact: Stacey Wrenn, Director Regulatory Authorisations: Sec 9(2)(a)
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Weekly Status Reports for the Ministers – format and guidance DOC-2728361
Item 4
From:
Harry.Evans
To:
Stacey Wrenn
Cc:
Government Services; Alastair.johnstone
Subject:
FW: Next Steps of the commercial process to sell Ruapehu Alpine Lift Limited"s (in liquidation and Receivership) Whakapapa business
Date:
Tuesday, 21 May 2024 11:55:37 am
Attachments:
2324-3326 - Next steps on the commercial process to sell Ruapehu Alpine Lift Limited’s Whakapapa business.pdf
Kia ora Stacey, sending this through – I received it from Min Jones’ office yesterday afternoon.
I was thinking we could include a summary in the next status report but let me know if you think anything else is required?
Thanks
Harry
Act
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Please see the attached briefing:
2324-3326: Next steps of the commercial process to sell Ruapehu Alpine Lift Limited’s (in liquidation and Receivership)
(RAL) Whakapapa business.
It is a noting briefing that outlines the expression of interest process RAL’s Receivers are undertaking to seek potential purchasers of its Whakapapa ski
field assets and operations, based on Cabinet decisions on RAL in March 2024. It also includes indicative timeframes for next steps and potential risks to
completing a timely sale.
Urgency of paper
Low/Medium.
Key messages
RAL’s Receivers have completed the first stage of a two-stage expression of interest (EOI) process for its
Whakapapa business. Sec 9(2)(f)(iv)
to the second stage and will undertake further due
diligence to enable them to submit final binding bids by 10 June 2024.
Kānoa – RD officials have outlined an indicative timeline to complete a sale Sec 9(2)(f)(iv)
which
is preferred from a commercial perspective due to the operational and financial benefits.
Sec 9(2)(g)(i)
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DOC have indicated the need for early engagement with iwi and hapū as part of the concession process. DOC’s
view is that a concession cannot be completed between Sec 9(2)(f)(iv) (as outlined in the indicative
timeline). Their preference is to complete the process by the end Sec 9(2)(f)(iv) .
Next Steps
RAL’s Receivers will continue the expression of interest process until 10 June. Kānoa – RD will provide Ministers with an
update on the outcome of the EOI process once completed. The outcome will determine the next steps including
whether Ministerial/Cabinet decisions are required.
Action for Ministers
Noting only. Ministers may wish to discuss the contents of the briefing.
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This item is for the
Minister of Conservation.
1.1 Whakapapa ski field
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Minister Jones sent you a briefing prepared by MBIE’s Kānoa – Regional Development
and Investment Unit (Kānoa) about the next steps to identify a commercial operator to
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take over Ruapehu Alpine Lifts Limited’s (RAL) Whakapapa assets.
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The briefing outlines the process from Kānoa’s perspective, including that:
• RAL’s receivers are working to a timeframe that includes bidders submitting
final proposals by Sec 9(2)(f) and decisions made on a preferred bidder Sec 9(2)(f)(iv)
. Propos
(iv)als wil be taken to Cabinet to approve if Crown support
is required.
• Commercial proposals wil be assessed based on the same criteria as used
in 2023. Kānoa wil determine which, if any, of the potential bidders is best
qualified for Crown support.
• The preferred transition timeframe from Sec 9(2)(f)(iv) Information
, as this is the end of the ski season and would reduce
summer maintenance costs for the Crown.
• Any successful purchaser should submit a concession application Sec 9(2)(f)(iv)
•
Three bidders submit ed expressions of interest: Sec 9(2)(b)(ii)
These
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bidders are now progressing to the second phase of the expression of interest process,
including undertaking due diligence and visiting the ski field.
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Sec 9(2)(f)(iv)
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We provided a specific ‘DOC comment’ section in the briefing that included:
• DOC’s recommendation to Ministers that early engagement with iwi and hapū
at a senior level is essential to identify the likely opportunity available through
a concession process.
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• It is not feasible to complete a concession process Sec 9(2)(f)(iv)
. For a decision to be made by Sec 9(2)(f)(iv) (the timeframe setby
Cabinet in March 2024), a complete concession application Sec 9(2)(j)
be submitted by September 2024.
Next steps
•
Kānoa wil brief Ministers on the outcome of the expression of interest process in mid
June.
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DOC has sent a letter initiating engagement with iwi and hapū about the terms and
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conditions of a potential concession for Whakapapa ski field to Te Ariki Tā Tumu Te
Heuheu, Te Kotahitanga o Ngāti Tūwharetoa, Te Korowai o Wainuiārua, Ngāti Rangi,
Ngāti Hāua, Patutokotoko and Ngā Tangata Tiaki.
•
Of icials wil brief you prior to your hui with Te Ariki Tā Tumu’s representatives on 20
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June and your hui with col ective iwi in early July 2024.
Contact: Stacey Wrenn, Director Regulatory Authorisations: Sec 9(2)(a)
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Item 6
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This item is for the
Minister of Conservation
1.1 Update on engagement with iwi and hapū about Whakapapa ski
field
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The Department wrote to iwi and hapū with an interest in Whakapapa
ski field on 4 June seeking their views on what they would like to see
in a future ski field operator and any potential terms that should
underpin a future concession. The letter specifically noted that this
request was in advance of your meeting with iwi and hapū, likely to be
held in July, to ensure the Department is informed of their preliminary
views.
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The Department wrote to:
• Te Ariki Tā Tumu Te Heuheu
• Ngā Tāngata Tiaki o Whanganui (Ngā Tāngata Tiaki)
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• Ngāti Hāua
• Ngāti Rangi
• Te Kotahitanga o Ngāti Tūwharetoa, who wil also liaise with
Ngāti Hikairo
• Te Korowai a Wainuiārua
• Pātutokotoko
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So far, the Department has received three responses:
• Ngāti Rangi has provided a substantial response that includes
the Department developing
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• Ngāti Hāua has acknowledged the correspondence and
suggested a col ective hui to discuss potential concession
terms. Sec 9(2)(a) responded on behalf of Ngāti Hāua and noted
he is awaiting further instructions. Officials are considering
whether to suggest a collective hui prior to the hui with you and
the Minister for Treaty of Waitangi Negotiations.
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• Officials have spoken with Sec 9(2)(a)
of Te Korowai a
Wainuiārua. Sec 9(2)(a)
Sec 9(2)(b)(ii)
Sec 9(2)(f)(iv)
Sec 9(2)(f)(iv)
Sec 9(2)(a) did not
share any views about the potential concession apart from
noting a Sec 9(2)(b)(ii)
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The Department has not received any further responses at this stage.
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Separately, Sec 9(2)(a)
has written to the Department and Te
Arawhiti on behalf of Ngā Tāngata Tiaki setting out his proposed
actions following the hui in Whanganui about Tūroa ski field. Officials
are considering the matters raised by Sec 9(2)(a) and wil respond during
the week starting 17 June.
Next steps
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The Department wil continue to proactively engage with iwi and hapū
and encourage replies in writing.
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The Department wil write back to Ngāti Rangi and Te Korowai o
Wainuiārua sharing our position on what each iwi has proposed. The
Department wil do this for any further responses received from other
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iwi.
•
The Department and Te Arawhiti wil brief you and the Minister for
Treaty of Waitangi Negotiations before the collective hui in July.
Contact: Stacey Wrenn, Director Regulatory Authorisations Sec 9(2)(a)
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Attachment A: Talking points
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Item 9
1 July 2024
Ref: CORM-1319
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Huria Chambers
Te Runanganui o Ngati Hikairo ki Tongariro
Sec 9(2)(a)
Tēnā koe Ms Chambers
Thank you for copying me into your email dated 6 May 2024 regarding your expression of
interest in acquiring the Whakapapa ski field from Ruapehu Alpine Lifts Limited’s receivers
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Calibre Partners.
I appreciate being kept informed of general developments within the areas covered by my
portfolios.
In this case, I need to maintain separation from the commercial process in which you are
engaging and the concession process for which I may be the decision-maker should a sale
agreement eventuate. Instead, I recommend you contact Calibre Partners to discuss this
matter.
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Thank you for taking the time to write.
the
Mauriora
Hon Tama Potaka under
Minister of Conservation
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Item 11
Departmental Memo
To
Minister of Conservation
Date
submitted
15 July 2024
GS tracking #
Ref: CORM-1382
DocCM
DOC-7676180
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Security Level
Sec
From
Ruth Isaac, Deputy Director-General, Policy and Regulatory Services: 9(2)(a)
Subject
Supporting Memo for Ref: CORM-1382
Attachments
Attachment A – Draft response letter
Purpose – Te aronga
1.
The purpose of this memo is to support your response to a letter from Sec 9(2)(a)
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at Te Kotahitanga o Ngāti Tūwharetoa (Te Kotahitanga),
regarding the agenda and attendees for an upcoming hui about Whakapapa ski field.
Background and context – Te horopaki
2.
You and the Minister for Treaty of Waitangi Negotiations wrote to iwi, including Te
Ariki Tā Tumu Te Heuheu and Te Kotahitanga, inviting them to meet to discuss both
the upcoming Treaty negotiations for Tongariro National Park and a potential
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concession for Whakapapa ski field.
3.
Sec 9(2)(a)
has written to you and Minister Goldsmith confirming the role of Te Ariki Tā
Tumu, Te Kotahitanga and Ngāti Hikairo ki Tongariro in engagements relating to
the
Tongariro National Park and Whakapapa ski field.
4.
Sec 9(2)(a)
has also asked why Ngā Tāngata Tiaki would be invited to this hui noting
they are not part of the Tongariro National Park Collective (the Collective) established
in 2014.
5.
Sec 9(2)(a)
is seeking to understand what discussions at the proposed hui wil
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encompass, including Tongariro National Park negotiations, Whakapapa ski field, the
Chateau Tongariro, and/or Tūroa ski field.
6.
You met with iwi representatives via Zoom on 12 July for an initial discussion about
the future options for Whakapapa ski field (24-M-0075 refers). As Minister Goldsmith
is not attending this hui, the agenda for this meeting is focused on matters related to
Whakapapa ski field.
Proposed response letter
Engagement about Whakapapa ski field
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7.
You invited all iwi with an interest in Whakapapa ski field to the Zoom hui, including Te
Ariki Tā Tumu, the four iwi that make up the Collective, Pātutokotoko, and Ngā
Tangata Tiaki.
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[i.e. alternative actions / decline for now but wrap into
future regional visits etc]
Opportunities
This is an opportunity to receive more information about
Whakapapa ski field from a highly experienced local
operator.
Risks to consider
If you meet Sec 9(2)(a)
there is a risk this may impact
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perceptions of you as a neutral decision maker.
Background information
Sec 9(2)(a)
e is also a
member of the Ruapehu Skifields Stakeholders
Association (RSSA) and was a leader in the RSSA’s 2023
bid to restructure RAL.
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24-I-0100 – Sam Clarkson
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Ref: CORM-1382
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Sec 9(2)(a)
Te Kotahitanga o Ngāti Tūwharetoa
Sec 9(2)(a)
Tēnā koe Sec 9(2) ,
(a)
Thank you for your email dated 20 June 2024 regarding my letter proposing a meeting to
discuss future commercial options at Whakapapa ski field and the Chateau Tongariro, and
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upcoming Tongariro National Park negotiations.
We have been unable to schedule a joint hui in person to discuss all of the matters proposed,
and I held a zoom hui on 12 July 2024. As Minister Goldsmith was unavailable, the meeting
focused on commercial options for Whakapapa ski field. At the end of this hui I advised iwi
and hapū that I wil look to schedule a meeting in person in the next six to eight weeks.
It is important for me to hear the views of all iwi and iwi entities with an interest in Whakapapa
ski field. The reason I invited representatives from Ngā Tāngata Tiaki to this hui was that the
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Whakapapa ski field is within the Whanganui River catchment. As a result, and consistent with
s15 of the Te Awa Tupua (Whanganui River Settlement Claims) Act 2017, I must consider the
impact of any concession activities within the Whanganui catchment that affects the
Whanganui River. This includes having particular regard to Tupua te Kawa and the Te Awa
the
Tupua status.
I acknowledge that Ngā Tāngata Tiaki are not part of the iwi collective for Treaty negotiations
for redress in relation to Tongariro National Park. However, as you wil appreciate, Ngā
Tāngata Tiaki wil have an interest in the progress of those negotiations given the Whanganui
River catchment begins within the boundaries of the national park.
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I appreciate your concern and thank you for taking the time to write.
Mauriora
Hon Tama Potaka
Minister of Conservation
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cc Hon Paul Goldsmith, Minister for Treaty of Waitangi Negotiations