iSAYSO
Re: Official Information Request – REQ25-3074729
This is a project that the ILAW has been working on for several months now.
We got a request for help from a representative for 43 disabled pensioners. The council was going against their word and selling the apartment block to a developer. The apartments had not been maintained and the pensioners are living inside black mould.
First thing Tracy did was check whether the land was gifted. This is becoming quite common. You cannot sell gifted land.
The ILAW and a person who showed a lot of guts has stopped the sale.
Can someone post this in Face Book for me please. They are blocking me from posting this
This is what we do:
Purpose:
To formally record Council’s assurances as representations and require confirmation they will not act inconsistently especially given the gifted land context.
Subject: Record-Only Confirmation
Thank you for your response to LGOIMA request REQ25-3065548 and the accompanying attachments.
This letter is issued for record-only clarification and reliance, not as a dispute.
Based on your response, we understand Rotorua Lakes Council to be formally stating that:
No sale, traner, disposal, or alienation of the Lucas Place pensioner housing land or dwellings is proposed or underway;
Legal title remains vested in Rotorua Lakes Council and has not been transferred to any subsidiary, CCO, trust, or third party;
The proposed arrangement with Emerge Aotearoa Housing Trust is limited to property and tenancy management services only, and does not confer beneficial ownership, development rights, or disposal authority;
Council acknowledges that the properties have historically operated as pensioner housing, with associated public-interest and social-housing considerations.
For avoidance of doubt, please confirm that:
- No steps will be taken, directly or indirectly, that would enable disposal, redevelopment, reclassification, or effective loss of control of the land or dwellings without full public consultation and lawful authority;
- Council does not consider the management agreement to alter the underlying status, protections, or historical conditions attaching to the land;
- Council holds no current intention to treat the land as surplus, commercial, or available for future divestment.
We further note that questions have been raised regarding whether the Lucas Place land was originally gifted or otherwise subject to conditions restricting alienation.
We are not asserting a conclusion on that point at this stage. However, given the seriousness of gifted-land obligations, please confirm:
- Whether Council has undertaken any historical title or gifting-instrument review in this regard; and
- If not, whether Council is willing to acknowledge that any such protections, if established, would override administrative or contractual arrangements.
This correspondence is intended to ensure clarity, transparency, and mutual understanding.
If our understanding above is incorrect, please advise promptly.
Ngā mihi,
TRACY
On Dec 19, 2025 at 11:19 AM, <LGOIMA_Response> wrote:
Kia ora,
I refer to your Official Information request of 19 December 2025 for information regarding REQ25-3065548.
A response to REQ25-3065548 was sent to you on the 7 November 2025 to the email address [email protected]
A hold has not been put in place.
You have the right to seek an investigation and review by the Ombudsman of this response/decision. The Ombudsman’s Office can be contacted by calling 0800 802 602, emailing [email protected], online at www.ombudsman.parliament.nz, or by post to The Ombudsman, PO Box 10152, Wellington 6143.
Ngâ mihi
Melanie
| Melanie Stretch
Tiheru Taunaki Mana Whakamôhio | Governance Support – Official Information Officer A: Civic Centre, 1061 Haupapa St, Private Bag 3029, Rotorua 3046, New Zealand |