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. 1 8h1uwatje8 2019-03-21 10:35:09
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. 2 8h1uwatje8 2019-03-21 10:35:09
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 3 8h1uwatje8 2019-03-21 10:35:09
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. 4 8h1uwatje8 2019-03-21 10:35:09
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. 5 8h1uwatje8 2019-03-21 10:35:09
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 6 8h1uwatje8 2019-03-21 10:35:09
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