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Far North District Councils FOSAL agreements with the department

Gary Whitehead made this Official Information request to Mark Mitchell

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From: Gary Whitehead

Dear Mark Mitchell,

I'm a writing to you as the minister for recovery.

On the 8 of August 2024 you had replied in writing, thanking the Far North District Council for its intention to carry out FOSAL categorisation in the Far North.

Council have informed me that the The Department of the Prime Minster and Cabinet (DPMC) through the Cyclone Recovery Unit (CRU) set the criteria to qualify for the FOSAL Programme and they will not discuss the matter with me any further.

So, I am forced to ask you

Is it true that the ministry approved Councils policy to only catagorise Catagory 3 properties?

My property was rated at a moderate risk to life in Gabrielle and an unacceptable risk in a modelled 10% AEP and 1%AEP events, has a High danger rating and the risk to life is Intolerable.

As Council stated they are under instruction of the ministry, why did my property not qualify for a FOSAL Catagorisation?

As I was aware there were 3 catagories under FOSAL not just one. Has your department changed the catagorisation prosses?

Should I not under a disputes process be able to claim against the refusal of catagorisation or omitted information?

Did the Council act under instruction of the ministry?

I would appreciate a quick reply, We are overdue for a life threatening flood and consider time to be of the essence.

Yours faithfully,

Gary Whitehead

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From: Mark Mitchell (MIN)
Mark Mitchell

Thank you for contacting the Hon Mark Mitchell, Minister for Police,
Corrections, Emergency Management and Recovery and MP for
Whangaparâoa.  The Minister considers all correspondence important and
appreciates you taking the time to write. 

Please note that as Minister Mitchell receives a large amount of
correspondence it is not always possible to personally reply to all
emails.  This email is an acknowledgement of your correspondence.

The following guidelines apply:

 1. Portfolio related correspondence will be considered and responded to
where appropriate.
 2. Invitations and requests to meet with the Minister will be processed
as soon as possible and a staff member will be in contact with you in
due course.  It has been noted that your invitation/request has been
received.
 3. Media queries will be responded to by a staff member.
 4. Requests for official information will be managed in accordance with
the provisions of the Official Information Act 1982, which may include
transfer to a more relevant Minister or agency.
 5. If your email falls outside of the Minister’s portfolio
responsibilities, expresses a personal view, or is copied to multiple
Members of Parliament, then your opinion will be noted and your
correspondence may be transferred to another office, or there may be
no further response to you.
 6. If your correspondence is to the Minister as an MP for Whangaparaoa,
this will be referred to his electorate office.

 

Thank you again for taking the time to write.

 

Kind regards,

Office of Hon Mark Mitchell

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From: Mark Mitchell (MIN)
Mark Mitchell

Tēnā koe Gary

On behalf of Minister Mitchell, thank you for your OIA request. A response will be provided to you as per the requirements of the Official Information Act.

Nāku noa, nā

Office of Hon Mark Mitchell
Minister of Corrections
Minister of Police
Minister of Emergency Management and Recovery

Parliamentary Service Te Ratonga Whare Pāremata
Private Bag 18041, Wellington 6160, New Zealand
www.parliament.nz

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From: Gary Whitehead

Dear Mark Mitchell (MIN),

A reply to my request is overdue, could you please respond as soon as possible.

Yours sincerely,

Gary Whitehead

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From: Mark Mitchell (MIN)
Mark Mitchell

 

Thank you for contacting the Hon Mark Mitchell, Minister for Police,
Corrections, Emergency Management and Recovery and MP for
Whangaparâoa.  The Minister considers all correspondence important and
appreciates you taking the time to write. 
 
Please note that as Minister Mitchell receives a large amount of
correspondence it is not always possible to personally reply to all
emails.  This email is an acknowledgement of your correspondence.
The following guidelines apply:

 1. Portfolio related correspondence will be considered and responded to
where appropriate.
 2. Invitations and requests to meet with the Minister will be processed
as soon as possible and a staff member will be in contact with you in
due course.  It has been noted that your invitation/request has been
received.
 3. Media queries will be responded to by a staff member.
 4. Requests for official information will be managed in accordance with
the provisions of the Official Information Act 1982, which may include
transfer to a more relevant Minister or agency.
 5. If your email falls outside of the Minister’s portfolio
responsibilities, expresses a personal view, or is copied to multiple
Members of Parliament, then your opinion will be noted and your
correspondence may be transferred to another office, or there may be
no further response to you.
 6. If your correspondence is to the Minister as an MP for Whangaparaoa,
this will be referred to his electorate office.

Thank you again for taking the time to write.
 
Kind regards,
Office of Hon Mark Mitchell

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From: Ngahiwi Meroiti


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Attachment MOIA Reply EMR OIA 2024 24518 OIA 2024 25 0531 Whitehead FOSAL categorisation Gary Whi 4978071.1.pdf
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Attachment Proactively released documents 4979165.1.pdf
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Attachment Release file Leters from Ministers to Councils 4979168.1.pdf
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Tēnā koe Gary

 

Please find attached the response to your OIA request.  Our sincere
apologies for the delay in replying this to you. 

 

 

Nāku noa, nā

 

Office of Hon Mark Mitchell

Minister of Corrections

Minister of Police

Minister for Emergency Management and Recovery

Minister for Ethnic Communities

Minister for Sport and Recreation

 

[1][IMG][2][IMG][3][IMG]

 

Parliamentary Service Te Ratonga Whare Pāremata
Private Bag 18041, Wellington 6160, New Zealand
[4]www.parliament.nz

 

 

References

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3. https://www.beehive.govt.nz/minister/hon...
4. http://www.parliament.nz/

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From: Gary Whitehead

Dear Ngahiwi Meroiti,

Thank you for all the information. it is appreciated.

I have just one query that I would like clarified.

In order for a FOSAL classification a property must be "significantly affected", however, the example of a category 1 property is Minor flood damage to repair but no need for significant redesign/retrofitting.

So the question is, what constitutes "significantly affected" in regards to category 1 properties?

I would just like some clarification as the term "significantly affected" and the category 1 designation seem to be conflicting and confusing.

Yours sincerely,

Gary Whitehead

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From: Sarah McKenzie


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Afternoon Gary,

 

Thank you for your email seeking clarification of the term ‘significantly
affected’ in regard to Category 1 properties.

 

The ‘significant affects’ on the property can be seen as a ‘gateway’ test
for a property to be assessed in relation to the Future of Severely
Affected Locations (FOSAL) approach.

 

The FOSAL approach intends that a property would only be assessed and
categorised if it was significantly affected by the North Island Weather
Events. If a property is significantly affected and assessed, it can then
be categorised – into Category 1, Category 2 (2P or 2C) or Category 3.

 

The threshold for Category 2 and 3 is that the people in those properties
faces an intolerable risk to life from future extreme weather events. A
property can be significantly affected, and able to be repaired, with no
intervention required to manage future severe weather event risk – this
property would be Category 1.

 

Ngā mihi

 

Sarah

 

 

Sarah McKenzie

Private Secretary – Emergency Management and Recovery (Cyclone Recovery)
| Office of Hon Mark Mitchell

Minister of Corrections

Minister for Emergency Management and Recovery

Minister for Ethnic Communities

Minister of Police

Minister for Sport and Recreation

MP for Whangaparaoa
 

M: 021 228 6424

Email: [1][email address] Website:
[2]www.Beehive,govt.nz

Private Bag 18041, Parliament Buildings, Wellington 6160, New Zealand

 

 

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From: Gary Whitehead

Dear Sarah McKenzie,

Thank you for your response Sarah but it still does not actually clarify what significantly affected means.

For example I consider my property to be significantly affected by being surrounded by fast flowing flood waters for 3 days, with no power, communications, or means of escape and damage to the foundations.

However I am informed that this does not constitute being significantly affected. Although I have read properties in Auckland that suffered less affects have been classified.

I do appreciate all the information provided I just need some clarification.

Yours sincerely,

Gary Whitehead

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From: Sarah McKenzie


Attachment image001.jpg
9K Download


Kia ora Gary,

 

Thank you for email seeking further clarification of the FOSAL process and
‘significantly affected’ property.

 

The FOSAL programme was established to enable response to severely
affected residential properties – those that were significantly damaged as
a direct result of these specific weather events and where there is an
intolerable risk to life for people residing in these properties.

As noted in earlier correspondence, while the Government set the overall
Future of Severely Affected Locations (FOSAL) framework and categories,
councils make decisions on the categorisation of properties, and
identified their approach to any Category 2 interventions and Category 3
buyouts of properties. The Government does not direct councils on how they
make these decisions and has no involvement in the decisions themselves.

 

Each Council took a different approach to identifying which properties to
assess. Your email refers to Auckland’s approach. Auckland took an ‘opt
in’ approach, and asked property owners to contact the Council to seek an
assessment of impact.

The Far North District Council undertook detailed flood mapping to
establish if there were properties that met the FOSAL criteria. The
Council identified a shortlist of general title and whenua Māori
properties that could potentially have been impacted. Those property
owners were contacted by the Council and invited to opt-in to an on-site
assessment.

 

If an assessed property meets the relevant criteria, it is categorised.
For a property to be categorised as 2 or 3, and therefore qualify for
assistance, the properties must meet all the following criteria:

•            are residential (or the residential parts of mixed-use
properties); and

•            were significantly impacted by the 2023 North Island Weather
Events; and

•            where people in those properties would face a risk to life
from future severe weather events.

 

Even though a property may have been impacted, and been assessed, if it
does not meet all the criteria, it will not be categorised (and therefore
will not qualify for assistance).

 

The Far North District Council concluded its assessment of properties that
it considered may have been impacted by the NIWE and determined that no
properties met the FOSAL criteria.

 

As noted in the Minister for Emergency Management and Recovery’s response
of 10 February decisions on the investigation of affected properties and
whether to proceed with the FOSAL programme are entirely the
responsibility of the Council.

 

 

Ngā mihi,

Sarah

 

Sarah McKenzie

Private Secretary – Emergency Management and Recovery (Cyclone Recovery)
| Office of Hon Mark Mitchell

Minister of Corrections

Minister for Emergency Management and Recovery

Minister for Ethnic Communities

Minister of Police

Minister for Sport and Recreation

MP for Whangaparaoa
 

M: 021 228 6424

Email: [1][email address] Website:
[2]www.Beehive,govt.nz

Private Bag 18041, Parliament Buildings, Wellington 6160, New Zealand

 

 

 

 

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From: Gary Whitehead

Dear Sarah McKenzie,

Thank you for your prompt reply.

From what I gather from your correspondence the criteria for being "significantly affected" differs between Councils and there is not a consistent standard to which councils must abide to.

Could you confirm that please.

Yours sincerely,

Gary Whitehead

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