14 November 2023
Andrew Mitchell
[FYI request #24025 email]
Thank you for your follow-up question (dated 8 November 2023) to our responses to you dated 20
October 2023 and 19 September 2023 in relation to your requests for information made under the
Local Government Official Information and Meetings Act 1987. The following information is provided
in response to your follow-up question as set out below.
1. "Does the quoted section from my previous OIA request, following here; "Your
‘Amendment and Restatement Deed (Guarantee and Indemnity)’ [document 3756987 v6] it
states; 3.4(b) “…[LGFA] shall deliver a Demand to each Guarantor requiring the Guarantor
to pay the proportion of the relevant amount…” and 3.4(c) “…if one or more Guarantors
fails to pay in full its Relevant Portion of a Relevant Amount… …the [LGFA] may deliver a
further Demand to *each Guarantor other than the Defaulting Guarantors requiring that
Non-Defaulting Guarantor to pay the proportion of the Shortfall Amount…” ...mean that a
non-defaulting council (Guarantor) may be required to pay a defaulting council's
(Guarantor's) 'relevant portion' of the 'relevant amount' under the terms and conditions of
the LGFA loan arrangement?"
As stated in our response dated 20 October 2023, New Zealand Local Government Funding
Agency Limited's ("
LGFA") lenders can request the Security Trustee to make demand under
the LGFA Guarantee (as defined in our response dated 20 October 2023) if LGFA defaults on
its obligations. Any demand the Security Trustee makes under the LGFA Guarantee must be
made on a pro-rata basis according to a guarantor's prior year's annual rates revenues. If a
guarantor fails to pay its pro-rata share of a demand under the LGFA Guarantee, the Security
Trustee will make further demands on the non-defaulting guarantors for payment of the
unpaid amount on a pro-rata basis until the outstanding amounts are paid in full.
Where a guarantor pays more under a demand than its pro rata share of the demand, that
guarantor has, subject to the terms of the LGFA Guarantee, the right to seek reimbursement
for that excess amount from the other guarantors so they do not ultimately (i.e., after being
reimbursed) pay more than its pro rata share of a demand. This is set out in clause 3.5 of the
LGFA Guarantee.
Regards
Mark Butcher
Chief Executive Officer