Dear Manawatu-Wanganui Regional Council,

On the 29th August 2017, the Horizons Regional Council announced: "Horizons Regional Council, in conjunction with a number of lower North Island councils, has submitted a business case to the Minister of Transport to seek support for the Capital Connection commuter train service."
(http://www.horizons.govt.nz/news/capital...).

1) Can the Horizons Regional Council provide a copy of the Capital Connections Business Case sent to the Minister of Transport ?

2) Can the Horizons Regional Council provide a copy of the benefit cost ratio calculations used to support the Capital Connections Business Case sent to the Minister of Transport ?

3) Can the Horizons Regional Council provide a copy of the detailed cost estimates used to support the benefit cost ratio(s) used to support the Capital Connections Business Case sent to the Minister of Transport ?

4) Can the Horizons Regional Council provide a copy of the detailed benefit estimates used to support the benefit cost ratio(s) used to support the Capital Connections Business Case sent to the Minister of Transport ?

5) Can the Horizons Regional Council provide a copy of the detailed patronage estimates used to support the benefit cost ratio(s) used to support the Capital Connections Business Case sent to the Minister of Transport ?

If this information in held in electronic form, I would prefer it was provided in its complete and original electronic format. For the sake of clarity, this would include any and all spreadsheets linked together. I would also prefer any communications to be via the FYI web site.

Finally, can you please acknowledge your receipt of this information request ?

Yours faithfully,

Tony Randle

Dear Craig Grant,

Firstly, apologies for the delay in responding.

Thank you for providing a copy of the Business Case document.

However, this information request also asks for the information used to support the figures in this business case and this supporting information is yet to be provided. In particular the information request asks for the detailed calculations used to provide the patronage, costs and benefits outlined in this business case and leading to the overall Benefit Cost Ratio of 9.4 (Page 2).

Can the council please provide the supporting calculations used to provide the figures outlined in the following business case tables:

1) Figure 1: Average Daily Morning Peak Patronage (Page 8)
2) Figure 2: Average Daily Morning Peak Boardings by Station - May 2010 Compared to May 2016 (Page 9)
3) Table 7: Patronage Impact – 40 Year Evaluation Period (Page 23)
4) Table 8: Present Value Revenue and Cost – 40 Year Evaluation Period ($m) (Page 24)
5) Table 11: Per Passenger Benefit Values (Page 32)
6) Table 13: BCR Range Parameters (Page 33)
7) Table 14: Cost Benefit Appraisal Results (Page 33)
8) Table 16: Cashflow Components Over the 10-Year Planning Horizon (Page 37)
9) Table 17: Forecast Investor Cost Impact (Page 37)
10) Table 18: Example Operationalised Capital Cost Over 25 Years (10-Year Planning Horizon) (Page 38)
11) Appendix A Cashflow Components (Pages 42 - 43)

Please contact me via FYI if there is any issues with providing the rest of the requested information.

Yours sincerely,

Tony Randle

Dear Craig Grant,

Thank you for for the prompt reply.

I am still interested in finding out how much it would cost to obtain the supporting information for the Business Case. Can you please get a cost estimate for having the consultant provide the requested information ?

Yours sincerely,

Tony Randle

Dear Craig Grant,

Thank you for confirming that the contractor engaged to provide the requested information holds the information that I requested and that the council entitled to have access this information.

Can I repeat my request to the council for a copy of the information requested on 20th April 2018 as the requested information is " ... information held by an independent contractor engaged by [the] local authority in his or her capacity as an independent contractor..." ?

For your assistance I refer you to Section 2 (6) of LGOIMA http://www.legislation.govt.nz/act/publi...)

Yours sincerely,

Tony Randle

Dear Craig Grant,

The Palmerston North-Wellington Rail Passenger Business Case considers six options:
3.1.1 Do-Minimum
3.1.2 Through Train Option
3.1.3 Through DEMU (single Trip) Option
3.1.4 Through DEMU (Double Trip) Option
3.1.5 Connecting DEMU Option
3.1.6 Connecting Coach Option

I requested the detailed cost estimates, the detailed benefit estimates, the detailed patronage estimates and the benefit cost ratio calculations used in this business case.

The latest response from the Horizon Regional Council states "On subsequent questioning of this consultant I am advised that the detail you require is held and owned by a separate party being Kiwi Rail. I understand the consultant has approached Kiwi Rail seeking permission to release the information and they have declined this request on grounds of commercial sensitivity."

Just to be clear, can the Horizon Regional Council confirm its position for each of the following elements for each business case option is that:

a) for the Do-Minimum Option, the contracted Horizon consultant does hold the detailed COST estimates used in the business case but that these estimates were provided by Kiwi Rail who refuse permission to release the information on grounds of commercial sensitivity ?

b) for the Do-Minimum Option, the contracted Horizon consultant does hold the detailed BENEFIT estimates used in the business case but that these estimates were provided by Kiwi Rail who refuse permission to release the information on grounds of commercial sensitivity ?

c) for the Do-Minimum Option, the contracted Horizon consultant does hold the detailed PATRONAGE estimates used in the business case but that these estimates were provided by Kiwi Rail who refuse permission to release the information on grounds of commercial sensitivity ?

d) for the Through Train Option, the contracted Horizon consultant does hold the detailed COST estimates used in the business case but that these estimates were provided by Kiwi Rail who refuse permission to release the information on grounds of commercial sensitivity ?

e) for the Through Train Option, the contracted Horizon consultant does hold the detailed BENEFIT estimates used in the business case but that these estimates were provided by Kiwi Rail who refuse permission to release the information on grounds of commercial sensitivity ?

f) for the Through Train Option, the contracted Horizon consultant does hold the detailed PATRONAGE estimates used in the business case but that these estimates were provided by Kiwi Rail who refuse permission to release the information on grounds of commercial sensitivity ?

g) for the Through DEMU (single Trip) Option, the contracted Horizon consultant does hold the detailed COST estimates used in the business case but that these estimates were provided by Kiwi Rail who refuse permission to release the information on grounds of commercial sensitivity ?

h) for the Through DEMU (single Trip) Option, the contracted Horizon consultant does hold the detailed BENEFIT estimates used in the business case but that these estimates were provided by Kiwi Rail who refuse permission to release the information on grounds of commercial sensitivity ?

i) for the Through DEMU (single Trip) Option, the contracted Horizon consultant does hold the detailed PATRONAGE estimates used in the business case but that these estimates were provided by Kiwi Rail who refuse permission to release the information on grounds of commercial sensitivity ?

j) for the Through DEMU (Double Trip) Option, the contracted Horizon consultant does hold the detailed COST estimates used in the business case but that these estimates were provided by Kiwi Rail who refuse permission to release the information on grounds of commercial sensitivity ?

k) for the Through DEMU (Double Trip) Option, the contracted Horizon consultant does hold the detailed BENEFIT estimates used in the business case but that these estimates were provided by Kiwi Rail who refuse permission to release the information on grounds of commercial sensitivity ?

l) for the Through DEMU (Double Trip) Option, the contracted Horizon consultant does hold the detailed PATRONAGE estimates used in the business case but that these estimates were provided by Kiwi Rail who refuse permission to release the information on grounds of commercial sensitivity ?

m) for the Connecting DEMU Option, the contracted Horizon consultant does hold the detailed COST estimates used in the business case but that these estimates were provided by Kiwi Rail who refuse permission to release the information on grounds of commercial sensitivity ?

n) for the Connecting DEMU Option, the contracted Horizon consultant does hold the detailed BENEFIT estimates used in the business case but that these estimates were provided by Kiwi Rail who refuse permission to release the information on grounds of commercial sensitivity ?

o) for the Connecting DEMU Option, the contracted Horizon consultant does hold the detailed PATRONAGE estimates used in the business case but that these estimates were provided by Kiwi Rail who refuse permission to release the information on grounds of commercial sensitivity ?

p) for the Connecting Coach Option, the contracted Horizon consultant does hold the detailed COST estimates used in the business case but that these estimates were provided by Kiwi Rail who refuse permission to release the information on grounds of commercial sensitivity ?

q) for the Connecting Coach Option, the contracted Horizon consultant does hold the detailed BENEFIT estimates used in the business case but that these estimates were provided by Kiwi Rail who refuse permission to release the information on grounds of commercial sensitivity ?

r) for the Connecting Coach Option, the contracted Horizon consultant does hold the detailed PATRONAGE estimates used in the business case but that these estimates were provided by Kiwi Rail who refuse permission to release the information on grounds of commercial sensitivity ?

I just want to be clear that it is the Horizon Regional Council understanding that all the information used for every option considered in the business case is from Kiwi Rail who refuse permission to provide any of this information.

Yours sincerely,

Tony Randle

Dear Craig Grant,

I take from the most recent response from the Horizon Regional Council confirmation that:
A) that the consultant engaged by Horizon to develop the Capital Connection Business Case does not hold the detailed cost estimates for any option considered in business case
B) that the consultant engaged by Horizon to develop the Capital Connection Business Case does not hold the detailed benefit estimates for any option considered in business case
C) that the detailed benefit estimates and the detailed cost estimates for every option considered in the Capital Connection Business Case to which this request relates is not held by the Horizon Regional Council but is believed by you who is dealing with the request to be held by another organisation being Kiwirail.

Finally, can I therefore ask why the Horizon Regional Council refuses to promptly, and in no case later than 10 working days after the day on which the request is received, transfer the request, or relevant part of the request, to Kiwirail, and inform the person making the request accordingly as required under Section 12 of the Local Government Official Information and Meetings Act 1987 ?
http://www.legislation.govt.nz/act/publi...

It does appear that you (or whoever is advising you) are unclear on the law around the requirement to transfer requests in these circumstances. I would therefore draw your attention to the "The obligation to transfer" section (on page 18) of "The LGOIMA for local government agencies - A guide to processing requests and conducting meetings" from the Office of the Ombudsman:
http://www.ombudsman.parliament.nz/syste...

Yours sincerely,

Tony Randle