Letter Response to Tony Randle 2018 056.pdf

By email
Shed 39, 2 Fryat  Quay
Pipitea, Wellington 6011
PO Box 11646
3 May 2018
Manners Street
Wellington 6142
T  04 384 5708
File Ref: OIAP-7-5518
F  04 385 6960
www.gw.govt.nz
Tony Randle
[FYI request #7474 email]
Dear Mr Randle
Request for information 2018-056
I  refer  to  your  request  for  information  dated  19  March  2018,  which  was  received  by  Greater
Wellington  Regional  Council  (GWRC)  on 19 March 2018. On 5 April  GWRC advised  you that  it
was necessary for GWRC to  extend the time available for GWRC to  respond to  your  request  to 3
May 2018. You have requested the following information:
“1) Can I please have a copy of the estimated "League table" all the PTOM PT "Units"
including the commerciality ratio both bus and rail)?

2) Can I please have a copy of any spreadsheet, report or other information that outlines
the calculation of the estimated Commerciality Ratio for all the PT "Units" contracted
under PTOM (both bus and rail)?

The GWRC has also released some information about the PTOM tender process including
the Bus Request for Tender (RFT) (http://www.gw.govt.nz/assets/PTOM/A-02.01.01-
Greater-Wellington-Bus-Services-Request-for-Tender.pdf). This document outlines a range
of information provided to tenderers via the "data room" Refer Section 6.2. The RFT
specifically noted the following information was to be provided via the data room:

* Full Bus Unit specifications (PTOM Service Specifications) including timetables
* Bus Unit Timetable information
* the 3 most recent years’ patronage data on the Wellington region Bus Network
* Information Memorandum
* Supporting documentation
* Any other information added by GWRC from time to time.
* Questions raised by Tenderers and responding answers

3) Can I please have a copy of the "Full Bus Unit specifications (PTOM Service
Specifications)" provided to tenderers via the Data Room as part of the PTOM RFT
LETTER RESPONSE TO TONY RANDLE 2018-056

process ? For the sake of clarity I would expect this to include Patronage and revenue
information for each unit (or only patronage is the unit is Commercial).

4) Can I please have a copy of the "Bus Unit Timetable information" provided to tenderers
via the Data Room as part of the PTOM RFT process?

5) Can I please have a copy of "the 3 most recent years’ patronage data on the Wellington
region Bus Network" provided to tenderers via the Data Room as part of the PTOM RFT
process?
6) Can I please have a copy of the "Information Memorandum" provided to tenderers via
the Data Room as part of the PTOM RFT process?
7) Can I please have a copy of the "Supporting documentation" provided to tenderers via
the Data Room as part of the PTOM RFT process?
8) Can I please have a copy of the "any other information added by GWRC from time to
time" provided to tenderers via the Data Room as part of the PTOM RFT process?
9) Can I please have a copy of the Questions raised by Tenderers and responding answers
provided to tenderers via the Data Room as part of the PTOM RFT process?

I also note that similar information would expect to have been created for the "seven direct
appointed units with NZ Bus and Mana" that were not covered by the tender process.

10) Can I please have a copy of the "Full Bus Unit specifications (PTOM Service
Specifications)" provided to NZ Bus and Mana for the "seven direct appointed units with
NZ Bus and Mana" that have now been awarded ? For the sake of clarity I would expect
this to include Patronage and revenue information for each unit (or only patronage is the
unit is Commercial).
11) Can I please have a copy of the "Bus Unit Timetable information" provided to NZ Bus
and Mana for the "seven direct appointed units with NZ Bus and Mana" that have now been
awarded?
12) Can I please have a copy of "the 3 most recent years’ patronage data on the Wellington
region Bus Network" provided to NZ Bus and Mana for the "seven direct appointed units
with NZ Bus and Mana" that have now been awarded?
13) Can I please have a copy of the "Information Memorandum" provided to NZ Bus and
Mana for the "seven direct appointed units with NZ Bus and Mana" that have now been
awarded?

LETTER RESPONSE TO TONY RANDLE 2018-056

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GWRC’s decision follows:
Subject to the information refused or withheld as set out below, GWRC will be releasing to you all
of the information requested by you.
We note that it is  your preference to receive in its complete and original electronic format and we
have provided this on a USB data stick. You may collect the USB from GWRC reception, Level 2,
15 Walter Street, Te Aro, Wellington, during office hours. Alternatively, please provide a physical
address, and we will arrange for the USB data stick to be couriered.
The  information  on  the  USB  data  stick  is,  where  possible,  structured  and  labelled  in  the  same
manner as it was in the  Tender Data Room. Documents that contain redactions (as outlined in this
letter) are indicated in the file name.
1) Can I please have a copy of the estimated "League table" all the PTOM PT "Units"
including the commerciality ratio both bus and rail)?

2) Can I please have a copy of any spreadsheet, report or other information that outlines the
calculation of the estimated Commerciality Ratio for all the PT "Units" contracted under
PTOM (both bus and rail)?
In  response  to  1)  and  2),  the  estimated  "League  table"  and  supporting  information  of  the
estimated Commerciality Ratio for all the PT "Units" contracted under PTOM, such League
Table and the commerciality ratios for the PT units, do not exist. The bus contracts have not
yet  commenced  providing  services,  so  there  is  nothing  yet  to  measure.  Measurement  will
occur  after  the  first  full  year  of  operation.  Note  that  the  commerciality  ratio  and  proposed
League Table only apply to bus services. They are not applied to rail services.
This  part  of  your  request  has  been  refused  in  accordance  with  section  17(e)  of  the  Local
Government  Official  Information  and  Meetings  Act  1987  (the  Act)  for  the  reason  that  the
information does not exist.
3) Can I please have a copy of the "Full Bus Unit specifications (PTOM Service
Specifications)" provided to tenderers via the Data Room as part of the PTOM RFT process
? For the sake of clarity I would expect this to include Patronage and revenue information
for each unit (or only patronage is the unit is Commercial).
The bus  unit specifications  provided to  tenderers via the Data Room  is  provided to  you  on
the USB data stick.
Please note that patronage data  was provided to  tenderers in the Information Memorandum
and not in the bus unit specifications. Due to limitations of existing ticketing information and
the  differences  between  current  bus  route  configuration  and  future  bus  route  configuration
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under PTOM, patronage was  provided to  tenderers at  a sub-regional level  and not  at  a unit
level.
Revenue information was not provided to tenderers on the basis that the contracts for the bus
units under PTOM are ‘gross cost contracts’ in which GWRC receives all fare revenue, and
therefore historical fare revenue was not of relevance to the tender process.
4) Can I please have a copy of the "Bus Unit Timetable information" provided to tenderers
via the Data Room as part of the PTOM RFT process?
The bus unit timetable information as provided to tenderers via the Data Room is provided to
you on the USB data stick.
5) Can I please have a copy of "the 3 most recent years’ patronage data on the Wellington
region  Bus  Network"  provided  to  tenderers  via  the  Data  Room  as  part  of  the  PTOM  RFT
process?
The  3  most  recent  years’  patronage  data  on  the  Wellington  Region  Bus  Network  was
provided to tenderers in the Information Memorandum, available on the Greater Wellington
Regional Council website bus contracts page. This part of your request has been refused in
accordance  with  section  17(d)  of  the  Act  for  the  reason  that  the  information  is  publicly
available.
6) Can I please have a copy of the "Information Memorandum" provided to tenderers via the
Data Room as part of the PTOM RFT process?
The  Information  Memorandum  is  available  on  the  Greater  Wellington  Regional  Council
website  bus  contracts  page.  This  part  of  your  request  has  been  refused  in  accordance  with
section 17(d) of the Act for the reason that the information is publicly available.
7) Can I please have a copy of the "Supporting documentation" provided to tenderers via the
Data Room as part of the PTOM RFT process?
8)  Can  I  please  have  a  copy  of  the  "any  other  information  added  by  GWRC  from  time  to
time" provided to tenderers via the Data Room as part of the PTOM RFT process?
In response to 7) and 8), the information requested is provided to you on the USB data stick,
with the following exceptions:
a.
NZ  Bus  depot  information  (includes  lease  deeds  renewal  and  variation  documents,
photos and maps and Novation Deed) referenced as Addendum in Notice to Tenderers
(NTT) – 24, 27, 29 and 35.
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  Note  that  we  are  releasing  the  NTTs  that  reference  this  information.  However,
the  Addendums  referenced  in  these  NTTs  include  information  about  other
parties.
  We have consulted with NZ Bus on release of this information, but would need
to undertake additional consultation with several landlords to fully consider if we
can release the Addendum.
  If the NZ Bus depot information outlined in the NTTs is of particular interest to
you, please advise and we will undertake additional consultation.
b.
The  Financial  Incentive  Mechanism (FIM) worked example  contains information  that
divulges the value of financial reward mechanisms in the contract. We have elected to
withhold  certain  information  that  relates  to  values  in  the  FIM  worked  example.  This
information has been withheld in accordance with section 7(2)(b)(ii) of the Act, as we
consider  that  releasing  the  information  would  be  likely  unreasonably  to  prejudice  the
commercial  position  of  the  person  who  supplied  or  who  is  the  subject  of  the
information.
c.
Tender Participation and Transition Deeds – redactions of witness residential address.
This information has been withheld in accordance with section 7(2)(a) of the Act as we
consider  that  withholding  the  information  is  necessary  to  protect  the  privacy  of  the
person who is the subject of the information.
d.
The  PTOM  Partnering  Contract,  including  the  Vehicle  Quality  Standards  and  Brand
Guidelines,  will  be  made  available  on  GWRC’s  website  once  contracts  are  executed
with NZ Bus for the Direct Appointed Units. This is expected to occur within the next
month. This part of your request has been refused in accordance with section 17(d) of
the Act, for the reason that the information will soon be publicly available.
e.
The  Vehicle  Quality  Standards  and  Brand  Guidelines  will  be  available  in  full.
However, certain information in the PTOM Partnering Contract will be withheld from
the  document  released.  Information  in  the  PTOM  Partnering  Contract  which  could
harm the commercial position of the person who supplied or who is the subject of the
information will be withheld in accordance with section 7(2)(b)(ii) of the Act.
9) Can I please have a copy of the Questions raised by Tenderers and responding answers
provided to tenderers via the Data Room as part of the PTOM RFT process?
The  questions  raised  by  Tenderers  and  responding  answers  provided  to  tenderers  via  the
Data Room are provided to you on the USB data stick.
Please note that the identities of Tenderers who asked each question and any information in
the  questions  or  answers  that  could  identify  a  Tenderer  have  been  redacted  from  the
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information  provided to  you. The identities of tenderers  who had  asked  questions were not
provided  to  other  tenderers  via  the  Data  Room.  This  information  has  been  withheld  in
accordance  with  section 7(2)(c)(i)  of  the  Act  on  the  basis  that  the  making  available  of  that
information  would  be  likely  to  prejudice  the  supply  of  similar  information,  or  information
from the same source, and it is in the public interest that such information should continue to
be supplied.
10) Can I please have a copy of the "Full Bus Unit specifications (PTOM Service
Specifications)" provided to NZ Bus and Mana for the "seven direct appointed units with NZ
Bus and Mana" that have now been awarded ? For the sake of clarity I would expect this to
include Patronage and revenue information for each unit (or only patronage is the unit is
Commercial).
The bus unit specifications, as provided to NZ Bus and Mana for the seven direct appointed
units, is provided to you on the USB data stick.
Please  note  that  patronage  data  was  not  included  in  the  bus  unit  specifications  as  it  was
provided in the Information Memorandum applicable to the tender process.
Revenue information was not provided to NZ Bus and Mana for the  seven direct appointed
units, on the basis that the contracts for the bus units under PTOM are ‘gross cost contracts’
in  which  GWRC  receives  all  fare  revenue.  Therefore,  historical  fare  revenue  was  not  of
relevance to the tender or direct appointed unit process.
11) Can I please have a copy of the "Bus Unit Timetable information" provided to NZ Bus
and Mana for the "seven direct appointed units with NZ Bus and Mana" that have now been
awarded?
The  bus  unit  timetable  information  as  provided  to  NZ  Bus  and  Mana  for  the  seven  direct
appointed units is provided to you on the USB data stick.
12) Can I please have a copy of "the 3 most recent years’ patronage data on the Wellington
region Bus Network" provided to NZ Bus and Mana for the "seven direct appointed units
with NZ Bus and Mana" that have now been awarded?
The  3  most  recent  years’  patronage  data  on  the  Wellington  region  Bus  Network  was
provided  to  tenderers,  including  NZ  Bus  and  Mana  in  the  Information  Memorandum,  is
available on the Greater Wellington Regional Council website bus contracts page. This part
of your request has been refused in accordance with section 17(d) of the Act for the reason
that the information is publicly available.
13)  Can  I  please  have  a  copy  of  the  "Information  Memorandum"  provided  to  NZ  Bus  and
Mana  for  the  "seven  direct  appointed  units  with  NZ  Bus  and  Mana"  that  have  now  been
awarded?
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A  separate  Information  Memorandum  was  not  created  for  the  seven  direct  appointed  units.
Therefore, this part of your request has been refused in accordance with section 17(e) of the
Act for the reason that the information does not exist.
We  have  considered  whether  the  public  interest  in  the  requested  information  outweighs  GWRC’s
need to  withhold certain aspects of the requested information. As a result, we do not consider that
the  public  interest  outweighs  GWRC’s  reason  for  withholding  parts  of  the  information  under  the
grounds identified above.
If you have any concerns with the decision(s) referred to in this letter, you have the right to request
an investigation and review by the Ombudsman under section 27(3) of the Act.

Yours sincerely

Wayne Hastie
General Manager, Public Transport
LETTER RESPONSE TO TONY RANDLE 2018-056

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