Hon James Shaw, Minister of Statistics - Stats NZ

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Hon James Shaw, Minister of Statistics
      Statistics New Zealand and Ministry for the Environment Long Term
                      Accommodation: Approval to Lease

                                       April 2019

These documents have been proactively released:
 • 14 March 2019, Statistics New Zealand and Ministry for the Environment Long Term
     Accommodation – Approval to Lease, Hon James Shaw
 • 21 March 2019, DEV-19-MIN-0050, Cabinet Office

These documents have been released in full.

© Crown Copyright, Creative Commons Attribution 4.0 International (CC BY 4.0)
In Confidence

        Office of the Minister of Statistics
        Chair, Cabinet Government Administration and Expenditure Review Committee (GOV)

        STATS NZ AND MINISTRY FOR THE ENVIRONMENT LONG TERM
        ACCOMMODATION – APPROVAL TO LEASE
        Proposal

        1.      Cabinet approval is required for all investments with Whole of life costs over $25
                million, even if funded from baselines and balance sheets. CO (15) 5: Investment
                Management and Asset Performance in the State Services defines investments to
                include “any new lease arrangements, or renewals of lease arrangements (for
                example, property rentals)”.

        2.      This paper seeks delegation for the Chief Executive of Stats NZ to execute the
                Agreement to Lease on a new building that will accommodate Stats NZ and the
                Ministry for the Environment in a co-located Government site. The procurement
                process was led by Stats NZ, working closely with the Government Property Group.

        Executive Summary

        3.      Stats NZ was displaced following the 2016 earthquake which caused significant
                damage to Statistics House (which was consequently demolished). Stats NZ are
                currently in temporary accommodation with leases expiring in early 2021.

        4.      Stats NZ has worked with the Government Property Group (GPG) to approach the
                market and seek a building that can provide Stats NZ with a long-term
                accommodation solution. An innovative procurement process helped determine the
                best approach to achieving Government property outcomes within the context of a
                new long-term building for Stats NZ (and potentially other agencies).

        5.      Eight Willis Street has been selected as the preferred building and is a partial
                redevelopment / partial new build. The site will be ready just prior to the expiry of
                Stats NZ current temporary leases, minimising lease tails and the cost for
                Government.

        6.      Alongside this process, the GPG has been considering the needs of other
                Government agencies. Ministry for the Environment (MfE) are in a similar position,
                with a pending expiry of the lease on Environment House in June 2020.

        7.      The proposed building provides the ability to establish a co-located Government site
                with Stats NZ and MfE, and to deliver on broader Government property objectives
                such as modern working practices and density targets.

        8.      Stats NZ have led the negotiation for 8 Willis Street supported by independent legal,
                structural engineering, architectural and property valuation experts.

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9.      The key points from the Agreement to Lease and Deed of Lease are as follows:

                 Landlord                  Argosy Property No.1 Limited

                 Lease Terms               Gross lease with an initial term of 15 years, with one right
                                            of renewal of six years.

                                            The target lease commencement date is 1 April 2021.

                 Space Occupied            11,284m2

                 Gross Rent                $539/m2. This equates to $6.08 million per annum
                                            for Year 1 (as at 1 April 2021).

                 Rent Review               2% increase per annum. Reset to market on renewal.

                 Seismic                   130% New Building Standard (NBS)

                 Green Star                Contracted to 5 Star – New Zealand Excellence

                                            Aiming for 6 Star – World Leadership

                 NABERS Rating             Contracted to 5 Star as built rating aiming for 6 Star with

                                            integration of tenant fitout

        10.     No additional capital or operational funding is required for either agency at this time.
                Stats NZ will fund the capital requirements from the insurance proceeds associated
                with the total loss of Statistics House.

        11.     There are commercial imperatives (being both construction timeframes and interest
                from other tenants) in having the lease signed by 31 March 2019.

        Background

        12.     Stats NZ was displaced following significant damage to their building, Statistics
                House (which was consequently demolished). Stats NZ relocated to temporary
                premises shortly after the November 2016 event and has been operating across 3-4
                buildings during the intervening period. The leases in place have been extended
                short term, most of which expire in May 2021 with no right of renewal.

        13.     Prior to the earthquake the MfE was planning a move to Charles Ferguson Tower
                (CFT). The Wellington Accommodation Project 2 (WAP2) realignment saw Ministry
                for Primary Industries take the lead on CFT and the MfE remain in Environment
                House. The current Environment House lease is due to expire June 2020.

        14.     The GPG have confirmed they do not have current options to house Stats NZ or MfE
                following the expiry of existing leases. As such, both agencies have been working
                over the last year to secure long-term accommodation solutions that support their
                respective workplace strategies.

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15.     In September 2018, with the support of GPG, Stats NZ posted on the Government
                Electronic Tenders Service (GETS) a Call for Registrations of Interest (ROI) from
                building owners in providing Stats with accommodation from March 2021, with
                options for space for additional Government agencies to co-locate if appropriate.

        16.     An innovative procurement process helped determine the best approach to achieving
                Government property outcomes within the context of a new long-term building for
                Stats NZ (and potentially other agencies). Eight Willis Street has been selected as
                the preferred building and is a partial redevelopment /partial new build.

        17.     During discussions and negotiations, Stats NZ worked with GPG to identify other
                agencies with pending lease expiries and similar workplace strategies. This enables
                the establishment of a co-located site that meets long term property objectives for
                Government, supports modern ways of working (activity based with agile/flexible
                work practices) and enhances co-design opportunities with key stakeholders
                including Māori.

        18.     This process has resulted in Stats NZ negotiating a lease on the entire building
                (office space) and planning a co-location with MfE.

        Key Commercial Terms and Financial Implications

        19.     To determine the cost-benefit of the proposed solution, a comparison has been
                prepared against MfE’s current site (being Environment House) and Stats NZ’s head
                office prior to the earthquake (being Statistics House). Stats NZ current premises are
                temporary in nature and are not a suitable comparison point. The negotiated lease
                provides for improved efficiency of space and lower cost for Government. The
                square metres per person would be one of the lowest in the Government property
                portfolio.

        Table 1: Comparison of “current” to negotiated solution (Consolidated MfE and Stats
        NZ position)

                                                            Statistics
                       Appraisal Period                      House /               Negotiated
                                                                                                          Difference
                   15 yrs - 2021/22 – 2035/36              Environment              Solution
                                                             House
                Planning Headcount                              1,000                  1,000              0         0.0%
                                                                                                                   24.2%
                Planning Density m2/pp                           14.9                  11.3             (3.6)
                                                                                                                     ↓
                                                                                                                   24.3%
                Area Leased m2                                 14,901                 11,284           (3,617)
                                                                                                                     ↓
                Capital costs ($ million)                       13.411                13.542             0.13       1%↑
                Whole of life costs (Nominal)
                                                               128.35                 118.72            (9.63)     7.5%↓
                ($m)
                Net Present Value (NPV @
                                                                76.72                  75.66            (1.06)     1.4%↓
                6%) ($m)

        1 Assumes a refurbishment of both buildings at a discounted rate of $900 per square metre factoring in decant costs.
        2 Assumes a new fitout at a rate of $1200 per square metre

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The key points from the Agreement to Lease and Deed of Lease are as follows:
                    Landlord                 Argosy Property No.1 Limited

                    Lease Terms              Gross lease with an initial term of 15 years, with one right
                                              of renewal of six years.

                                              The target lease commencement date is 1 April 2021.

                    Space Occupied           11,284m2

                    Gross Rent               $539/m2. This equates to $6.08 million per annum
                                              for Year 1 (as at 1 April 2021).

                    Rent Review              2% increase per annum. Reset to market on renewal.

                    Seismic                  130% New Building Standard (NBS)

                    Green Star               Contracted to 5 Star – New Zealand Excellence

                                              Aiming for 6 Star – World Leadership

                    NABERS Rating            Contracted to 5 Star as built rating aiming for 6 Star with

                                              integration of tenant fitout

        20.        Argosy has committed to 100% NBS through any foreseeable changes to the rating
                   calculation. This commitment requires them to build to 125% of current code, as a
                   change of z factor for Wellington from 0.4 to 0.5, has already been signalled by
                   MBIE. (Buildings currently at 100% will drop to 80%, buildings currently at 80% will
                   drop to 64%).

        21.        Argosy have also added this development to their Green Asset Portfolio. One million
                   dollars of Argosy Green Bonds proceeds have been allocated to the development for
                   the support of green initiatives.

        22.        Specialist expertise was used to support the negotiation process in order to achieve
                   the most favourable terms and conditions for the Crown. This has included the
                   Crown’s legal services provider used during the negotiation (Simpson Grierson) has
                   certified that the Deed of Lease reflect the agreements reached between the parties
                   during the negotiations, and accordingly, is in order for execution.

        23.        Results of a market scan undertaken prior to posting the ROI on GETS, the ROI
                   responses from landlords and advice provided by independent property valuers
                   support the negotiated gross rental rate for A Grade office accommodation with a an
                   NBS rating of 100% or higher.

        24.        There are commercial imperatives (being both construction timeframes and interest
                   from other tenants) in having the lease signed by 31 March 2019.

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Consultation

        25.     The Ministry for the Environment, the Treasury and the Ministry of Business,
                Innovation and Employment (Government Property Group) were consulted on this
                Cabinet paper and have indicated their support.

        Financial Implications

        26.     The lease results in a 15 year rental commitment totalling approximately $105
                million.

        27.     Stats NZ and MfE are confident that the move to 8 Willis Street can be managed
                within their existing baselines. This is subject to not being able to predict potential
                future baseline reductions or unforeseen cost pressures.

        28.     Stats NZ will fund the capital requirements from the insurance proceeds associated
                with the total loss of Statistics House. Stats NZ will seek approval to retain the
                surplus arising from insurance proceeds.

        29.     The expected capital cost of the preferred solution is $13.54 million based on a fit-out
                rate consistent with other conservative Government fit outs of $1200 per square
                metre.

        Legislative Implications

        30.     The recommendations in this paper have no legislative implications.

        Human Rights

        31.     There are no human rights implications associated with the recommendations in this
                paper.

        Gender Implications

        32.     Eight Willis Street will be the first Government site with non-gender specific
                bathrooms on every floor (which has been negotiated as part of the lease).

        Proactive Release

        33.     This paper will be proactively released as per standard practice.

        Recommendations

        The Minister of Statistics recommends that the Committee:
        1.      note that, following an open market procurement process, Stats NZ as lead agency
                (supported by the Government Property Group), has negotiated an Agreement to
                Lease for its Wellington head office accommodation solution.

        2.      note the negotiated accommodation solution will be a co-location with the Ministry
                for the Environment.

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3.      note that the Crown’s legal services provider has certified that the Deed of Lease
                reflects the agreements reached between the parties during the negotiations and
                accordingly, are in order for execution.

        4.      delegate to the Chief Executive of Stats the authority to execute the final agreement
                to lease including commercial terms of the Deed of Lease negotiated for Stats
                Wellington head office accommodation solution.

        5.      note that Stats NZ will seek approval from the Minister of Finance to retain the
                surplus arising from earthquake insurance proceeds, to be used to fund the expected
                $13.54 million capital cost of the preferred solution.

        Authorised for lodgement
        Hon James Shaw
        Minister of Statistics

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