Official Information Request - 7 and 21 July 2018
Response: 7 July 2018
Sent: Friday, 20 July 2018 9:28 a.m.
Subject: TRIM: LGOIMA request - Mudtopia lease
I refer to your email of 7 July requesting information on the Mudtopia lease of the racecourse, and reply as per your email:
- How much are the lease payments for the racecourse for the Mudtopia event? $12,500 per annum
- What is the frequency of the lease payments? Annually
- What is the term of the lease ie. When does it expire? In accordance with the agreement the contract is cancelled and no further terms apply
As per the Act, we are obliged to advise that you may contact the Ombudsman at the address below if you have any concerns with the response provided by Council, by writing to:
The Office of the Ombudsman
PO Box 10 152
WELLINGTON 6143
Alternatively, you may email info@ombudsman.parliament.nz or use the online complaints form available at www.ombudsman.parliament.nz/make-a-complaint.
Regards
| Jean-Paul GastonGroup Manager, Strategy P: 07 351 8302 | M: 0276554415 E: Jean-Paul.Gaston@rotorualc.nz | W: rotorualakescouncil.nz A: 1061 Haupapa St, Private Bag 3029, Rotorua Mail Centre, Rotorua 3046, New Zealand |
Response: 21 July 2018
Sent: Thursday, 26 July 2018 10:56 a.m.
Subject: TRIM: LGOIMA request - clarification of item 3 of previous Mudtopia lease response
I refer to your email of 21 July 2018 requesting clarification of item 3 of your previous response regarding the Mudtopia lease of the racecourse, and respond below to your further questions:
What was the original term of the lease ie, how many years before the lease was cancelled? 5 years
As Lease agreements don't usually have cancellation clauses and don't normally expire until the end of their term, can you provide the cancellation clause or term from the lease agreement.
The relevant clauses from the agreement are below:
(a) FEE SCHEDULE
| YEAR | ANNUAL FEE | ANNUAL FEE WITH AT LEAST NINE (9) MONTHS NOTICE OF INTENTION TO TERMINATE: | ANNUAL FEE WITH LESS THAN NINE (9) MONTHS NOTICE OF INTENTION TO TERMINATE: |
|---|---|---|---|
| 2017 | Nil | Nil | Nil |
| 2018 | $12,500 (plus GST) | $12,500 (plus GST) | $12,500 (plus GST) |
| 2019 | $12,500 (plus GST) | Nil | $12,500 (plus GST) |
| 2020 | $12,500 (plus GST) | Nil | $12,500 (plus GST) |
| 2021 | $12,500 (plus GST) | Nil | $12,500 (plus GST) |
(b) Notice served by RLC by 1 March in any year shall be considered as providing nine (9) months' notice.
(c) Where RLC is to pay the annual fee, RRC will provide RLC with an invoice by 1 October of the relevant year. RLC will pay the fee by 1 November of the relevant year.
I can confirm that notice to terminate was served prior to 1 March as per (b) above.
As per the Act, we are obliged to advise that you may contact the Ombudsman at the address below if you have any concerns with the response provided by Council, by writing to:
The Office of the Ombudsman
PO Box 10 152
WELLINGTON 6143
Alternatively, you may email info@ombudsman.parliament.nz or use the online complaints form available at www.ombudsman.parliament.nz/make-a-complaint.
Regards
| Jean-Paul GastonGroup Manager, Strategy P: 07 351 8302 | M: 0276554415 E: Jean-Paul.Gaston@rotorualc.nz | W: rotorualakescouncil.nz A: 1061 Haupapa St, Private Bag 3029, Rotorua Mail Centre, Rotorua 3046, New Zealand |
