I hereby give notice that an ordinary meeting of the Upper Harbour Local Board Community Forum will be held on:

 

Date:

Time:

Meeting Room:

Venue:

 

Thursday, 1 November 2018

6.30PM

Upper Harbour Local Board Office
30 Kell Drive
Albany

 

Upper Harbour Local Board Community Forum

 

OPEN AGENDA

 

 

 

MEMBERSHIP

 

Chairperson

Margaret Miles, QSM, JP

 

Deputy Chairperson

Lisa Whyte

 

Members

Uzra Casuri  Balouch, JP

 

 

Nicholas Mayne

 

 

John McLean

 

 

Brian Neeson, JP

 

 

(Quorum 3 members)

 

 

 

Cindy Lynch

Democracy Advisor

 

25 October 2018

 

Contact Telephone: (09) 486 8593

Email: Cindy.Lynch@aucklandcouncil.govt.nz

Website: www.aucklandcouncil.govt.nz

 

 


 

 


Upper Harbour Local Board Community Forum

01 November 2018

 

 

ITEM   TABLE OF CONTENTS                                                                                         PAGE

1          Welcome                                                                                                                         5

2          Apologies                                                                                                                        5

3          Declaration of Interest                                                                                                   5

4          Confirmation of Minutes                                                                                               5

5          Leave of Absence                                                                                                          5

6          Acknowledgements                                                                                                       5

7          Petitions                                                                                                                          5

8          Deputations                                                                                                                    6

8.1     Auckland Cricket / East Coast Bays Cricket                                                     6

8.2     Eventfinda Stadium                                                                                              6

8.3     Meadowood Community House update                                                            7

9          Public Forum                                                                                                                  7

10        Extraordinary Business                                                                                                7

11        New community lease: Hobsonville Point Resident's Society Incorporated for Chichester Cottage, 192B Buckley Avenue, Hobsonville                                         9

12        Approval of deed of additional premises to Rosedale Park Sports Charitable Trust, Rosedale Park, 320 Rosedale Road, Albany                                                            19  

13        Consideration of Extraordinary Items 

 

 


1          Welcome

 

2          Apologies

 

An apology from Deputy Chairperson L Whyte has been received.

 

3          Declaration of Interest

 

Members are reminded of the need to be vigilant to stand aside from decision making when a conflict arises between their role as a member and any private or other external interest they might have.

 

The Auckland Council Code of Conduct for Elected Members (the Code) requires elected members to fully acquaint themselves with, and strictly adhere to, the provisions of Auckland Council’s Conflicts of Interest Policy.  The policy covers two classes of conflict of interest:

 

                  i.        A financial conflict of interest, which is one where a decision or act of the local board could reasonably give rise to an expectation of financial gain or loss to an elected member; and

 

                 ii.        A non-financial conflict interest, which does not have a direct personal financial component.  It may arise, for example, from a personal relationship, or involvement with a non-profit organisation, or from conduct that indicates prejudice or predetermination.

 

The Office of the Auditor General has produced guidelines to help elected members understand the requirements of the Local Authority (Member’s Interest) Act 1968.  The guidelines discuss both types of conflicts in more detail, and provide elected members with practical examples and advice around when they may (or may not) have a conflict of interest.

 

Copies of both the Auckland Council Code of Conduct for Elected Members and the Office of the Auditor General guidelines are available for inspection by members upon request. 

 

Any questions relating to the Code or the guidelines may be directed to the Relationship Manager in the first instance.

 

4          Confirmation of Minutes

 

That the Upper Harbour Local Board Community Forum:

a)         confirm the ordinary minutes of its meeting, held on Thursday, 4 October 2018, as a true and correct record.

 

 

5          Leave of Absence

 

At the close of the agenda no requests for leave of absence had been received.

 

6          Acknowledgements

 

At the close of the agenda no requests for acknowledgements had been received.

 

7          Petitions

 

At the close of the agenda no requests to present petitions had been received.

 

8          Deputations

 

Standing Order 7.7 provides for deputations. Those applying for deputations are required to give seven working days notice of subject matter and applications are approved by the Chairperson of the Upper Harbour Local Board Community Forum. This means that details relating to deputations can be included in the published agenda. Total speaking time per deputation is ten minutes or as resolved by the meeting.

 

 

8.1       Auckland Cricket / East Coast Bays Cricket

Te take mō te pūrongo / Purpose of the report

1.       The purpose of this deputation is to address the Upper Harbour Local Board to provide an update on the activities of Auckland Cricket and East Coast Bays Cricket.

Whakarāpopototanga matua / Executive summary

2.       Dean Bartlett, Senior Cricket Manager of Auckland Cricket, and Louis Delport, East Coast Bays Cricket Club Manager, will be in attendance to discuss the recent restructure at Auckland Cricket, and describe the current landscape of cricket in the region.

Ngā tūtohunga / Recommendation/s

That the Upper Harbour Local Board Community Forum:

a)      receive the deputation from Dean Bartlett of Auckland Cricket, and Louis Delport of East Coast Bays Cricket, and thank them for their attendance and presentation.

 

Attachments

a          1 November 2018 Upper Harbour Local Board: Sustainability and the changing face of cricket.................................................................................. 31

 

 

8.2       Eventfinda Stadium

Te take mō te pūrongo / Purpose of the report

1.       The purpose of this deputation is to address the Upper Harbour Local Board to provide an update on the activities at the Eventfinda Stadium in Glenfield.

Whakarāpopototanga matua / Executive summary

2.       Brian Blake, Chief Executive Officer, and Paddy Stafford-Bush, Board Chairperson, from the Eventfinda Stadium, will be in attendance to discuss the work they are undertaking at the stadium and update the local board on their progress.

Ngā tūtohunga / Recommendation/s

That the Upper Harbour Local Board Community Forum:

a)      receive the deputation from Brian Blake and Paddy Stafford-Bush, from the Eventfinda Stadium, and thank them for their attendance and presentation.

 

 

 

8.3       Meadowood Community House update

Te take mō te pūrongo / Purpose of the report

1.       To address the Upper Harbour Local Board to give an update on the activities at Meadowood Community House over the last 12 months.

Whakarāpopototanga matua / Executive summary

2.       Leona Page, House Manager, and Sara Visser, Accounts and Marketing Administrator, from Meadowood Community House, will be in attendance to brief members on highlights and opportunities over the past year.

Ngā tūtohunga / Recommendation/s

That the Upper Harbour Local Board Community Forum:

a)      receive the deputation from Leona Page and Sara Visser from Meadowood Community House and thank them for their attendance and presentation.

 

Attachments

a          Meadowood Community House presentation................................................ 33

 

 

9          Public Forum

 

A period of time (approximately 30 minutes) is set aside for members of the public to address the meeting on matters within its delegated authority. A maximum of 3 minutes per item is allowed, following which there may be questions from members.

 

At the close of the agenda no requests for public forum had been received.

 

10        Extraordinary Business

 

Section 46A(7) of the Local Government Official Information and Meetings Act 1987 (as amended) states:

 

“An item that is not on the agenda for a meeting may be dealt with at that meeting if-

 

(a)        The local authority by resolution so decides; and

 

(b)        The presiding member explains at the meeting, at a time when it is open to the public,-

 

(i)         The reason why the item is not on the agenda; and

 

(ii)        The reason why the discussion of the item cannot be delayed until a subsequent meeting.”

 

Section 46A(7A) of the Local Government Official Information and Meetings Act 1987 (as amended) states:

 

“Where an item is not on the agenda for a meeting,-

 

(a)        That item may be discussed at that meeting if-

 

(i)         That item is a minor matter relating to the general business of the local authority; and

 

(ii)        the presiding member explains at the beginning of the meeting, at a time when it is open to the public, that the item will be discussed at the meeting; but

 

(b)        no resolution, decision or recommendation may be made in respect of that item except to refer that item to a subsequent meeting of the local authority for further discussion.”


Upper Harbour Local Board Community Forum

01 November 2018

 

 

New community lease: Hobsonville Point Resident's Society Incorporated for Chichester Cottage, 192B Buckley Avenue, Hobsonville

 

File No.: CP2018/19972

 

  

Te take mō te pūrongo / Purpose of the report

1.       To grant a new community ground lease to Hobsonville Point Resident’s Society for land under Chichester Cottage at 192B Buckley Avenue, Hobsonville.

Whakarāpopototanga matua / Executive summary

2.       The Hobsonville Point Resident’s Society Incorporated was established by Hobsonville Land Company, a subsidiary of Housing New Zealand, to monitor and implement the standards agreed to by property owners in the new Hobsonville Point development, on the former Hobsonville Air Base.

3.       In 2017, Hobsonville Land Company changed its trading name to become Homes, Land and Community (2017) Limited (HLC). On 3 July 2017, an agreement was signed with the Hobsonville Point Resident’s Society Incorporated to transfer ownership of Chichester Cottage, on Lot 14 DP 497762 at 192B Buckley Avenue, Hobsonville.

4.       On 21 December 2016, the property vested as an unclassified local purpose (community buildings) reserve, subject to the Reserves Act 1977, and is held in fee simple by Auckland Council.

5.       Hobsonville Point Resident’s Society Incorporated has formally applied to Auckland Council for a new community ground lease for the land under the cottage which provides access to the building. This is to support running the cottage as a small community facility, administered by the committee on a user-pays basis. It is envisaged that it will be used for small group meetings (e.g. bridge clubs, book clubs or hobby groups), small classes or demonstrations.

6.       A lease can be granted by the council under Section 61 (2B) of the Reserves Act. Public notification and iwi engagement of the new lease is not required for land held as local purpose (community buildings) reserve.

7.       As specified in the Auckland Council Community Occupancy Guidelines 2012, groups that own their own buildings, can apply for a new lease for a term of 10 years, with one right of renewal for a further 10 years.

8.       This report recommends that the Upper Harbour Local Board grant a new community ground lease to the Hobsonville Point Resident’s Society Incorporated for a 10-year initial term commencing on the date of issue of the code of compliance, with one 10-year right of renewal.


 

 

Ngā tūtohunga / Recommendation/s

That the Upper Harbour Local Board Community Forum:

a)      grant a new community lease to Hobsonville Point Resident’s Society Incorporated, for Lot 14 DP 497762, 192B Buckley Avenue, Hobsonville (refer Attachment A to the agenda report), subject to the following terms and conditions:

i)        term – an initial term of 10 years commencing when the code of compliance for the building is issued, with one 10-year right of renewal

ii)       rent - $1 plus GST per annum if requested

iii)      that the Hobsonville Point Resident’s Society Incorporated Community Outcomes Plan, as approved, be attached to the community lease document (refer Attachment B to the agenda report)

iv)      that all other terms and conditions are in accordance with the Reserves Act 1977, and the Auckland Council Community Occupancy Guidelines July 2012.

 

Horopaki / Context

Chichester Cottage 

9.       Chichester Cottage is a single-storey community facility owned by the Hobsonville Point Resident’s Society Incorporated. It was built in about 1930 by the Mill family and used by them while their home, known as Mill House, was built nearby. The Mills were pioneers in aviation photography and later used the cottage to develop their aerial photographs. The cottage was also used for their guests, including Francis Chichester, a pioneer in aviation. Chichester later turned his interest from aviation to sailing. He was honoured as Sir Francis Chichester after being the first to sail the yacht, Gypsy Moth IV, solo non-stop around the world.

10.     Chichester Cottage is an important part of Hobsonville Point history and is expected to be used for small group meetings (e.g. bridge clubs, book clubs or hobby groups), small musical functions, classes or demonstrations.

11.     A group from within the community, The Friends of the Cottage, with an interest in the historic nature of the cottage, will work with the resident’s society committee to care for and promote it for community use.

The Hobsonville Point Resident’s Society Incorporated

12.     The Hobsonville Point Resident’s Society Incorporated was established by Hobsonville Land Company, a subsidiary of Housing New Zealand, to monitor and implement the standards agreed to by property owners in the new Hobsonville Point development on the former Hobsonville Air Base. These reflect quality of life objectives. In 2017, Hobsonville Land Company, changed its trading name to become Homes, Land and Community (2017) Limited (HLC).

13.     On 3 July 2017, HLC signed an Agreement for Transfer of Asset with the Hobsonville Point Resident’s Society Incorporated to transfer ownership of Chichester Cottage. The agreement records HLC’s gifting of the cottage, which is conditional on Hobsonville Point Resident’s Society Incorporated being granted a ground lease of the land by Auckland Council. Renovations of the cottage were undertaken by HLC as part of the agreement.

14.     In September 2017, the resident’s society applied for a community lease of the land on which the cottage sits and the land surrounding the cottage, which gives access to the front and back entrances. The group also requested a lease for a 10-year period, with one right of renewal for a further 10 years.

Land

15.     The building occupies a site on land described as Lot 14 DP 497762, with an area of 89m2 (more or less) and is part of an area provisionally known as Hobsonville Esplanade North. Lot 14 is held in fee simple by Auckland Council as an unclassified local purpose (community buildings) reserve.

16.     Section 61 (2A) of the Reserves Act provides the authority to lease, and does not require public notification or iwi engagement before leasing.

Tātaritanga me ngā tohutohu / Analysis and advice

The Hobsonville Point Resident’s Society Incorporated

17.     The resident’s society has filed a comprehensive application in support of its application for a new community lease and has the necessary insurance cover, including public liability insurance, in place. The resident’s society will also own any internal and external improvements, and the Hobsonville Point Resident’s Society Incorporated Committee will maintain the building.

18.     Hobsonville Point Resident’s Society Incorporated was registered as an incorporated society on 24 December 2010 (number 2543330). Its objectives are to:  

·        ensure that Hobsonville Point is a strong community with good communication, engagement and respect between members; and with regular opportunities for participation in community events, the Common Areas, Facilities and Services

·        ensure that Hobsonville Point maintains its focus on sustainability.

19.     The community included 1499-member households as at June 2018, with potential for 4000 households when the development is completed. There is a spread of age groups and diversity within the community; from preschool, school age, post-school, singles, couples and their families, retirees, and includes a retirement village. 

Land and building

20.     With the development of the Hobsonville Air Base as a residential community, the cottage was recognised as an important element of local history to be preserved and valued. Hobsonville Land Company offered to gift it in a restored state to the resident’s society, to be used by the society and as a community facility.

21.     Chichester Cottage will be available for hire as a small community facility, administered by the committee on a user-pays basis to cover running expenses. It is furnished by the resident’s society with facilities for simple catering. 

22.     Public access will be from Cottage Lane, Hobsonville Point, or along the Hobsonville coastal walkway. The land adjacent to the cottage lies on the Hobsonville Point walkway and will be managed by Auckland Council as esplanade reserve.

23.     The settlement date in the agreement will trigger the formal transfer of ownership of the cottage, whichever is the later of either the issue of a code of compliance for the cottage restoration, or the date the lease between Auckland Council and the resident’s society is finalised.

24.     The activity is local purpose in nature, so there is no requirement to classify the reserve for the purposes of approving a lease to the group. The land will be placed on the list of sites to be classified in the future, as resources allow.

Ngā whakaaweawe ā-rohe me ngā tirohanga a te poari ā-rohe /
Local impacts and local board views

25.     The Upper Harbour Local Board is the allocated authority relating to local, recreation, sport and community facilities, including community leasing matters.

26.     The proposal to grant a new lease was workshopped on 22 February 2018 with the local board, and the board was made aware that public notification is not required to grant a new lease to the club.

27.     In normal circumstances with a new lease, an expression of interest would be recommended. However, in this case, the proposed tenant will own the building and the local board have previously identified Hobsonville Point Resident’s Society Incorporated as a suitable tenant. It is therefore reasonable to forego an expression of interest. The land status permits the proposed activity.

28.     The local board discussed the leased area at a workshop on 26 July 2018. The board supported a ground lease for the building footprint only along the boundary of Lot 14 DP 497762 (refer Attachment A), but not an expanded leased area outside of this. 

29.     Hobsonville Point Resident’s Society Incorporated are permitted to use the area outside the cottage for tables and chairs during community events without impediment.

30.     Community groups seeking a new lease are required to include a Community Outcomes Plan as a schedule to the lease document (refer Attachment B). A Community Outcomes Plan has been agreed with the society that aligns with the 2017 Upper Harbour Local Board Plan and, in particular, supports the following outcomes:

·    Empowered, engaged and connected Upper Harbour communities

·    Healthy and active communities

·    Our environment is valued, protected and enhanced.

Tauākī whakaaweawe Māori / Māori impact statement

31.     Auckland Council is committed to meeting its responsibilities under Te Tiriti o Waitangi and its broader legal obligations to Māori. The council recognises these responsibilities are distinct from the Crown’s Treaty obligations and fall within a local government Tāmaki Makaurau context. These commitments are articulated in the council’s key strategic planning documents; the Auckland Plan, the Long-term Plan 2018-2028, the Unitary Plan and local board plans.

32.     Land held as local purpose (community buildings) reserve, generally does not require iwi engagement prior to any new lease being granted in accordance with section 54 (2A) of the Reserves Act 1977. The proposal for a new lease to the society was discussed with the Mana Whenua - North Forum in September 2017. No concerns were raised.

33.     The above meets the requirements of Section 4 of the Conservation Act 1987 that council consult with iwi.

Ngā ritenga ā-pūtea / Financial implications

34.     There are no known financial implications associated with granting a new lease to the group.

Ngā raru tūpono / Risks

35.     There are no known risks associated with the granting of a new lease.

Ngā koringa ā-muri / Next steps

36.     Subject to the grant of a new community lease, Auckland Council staff will work with the society to finalise the deed of lease.

 

Ngā tāpirihanga / Attachments

No.

Title

Page

a

Site plan for the Hobsonville Point Resident’s Society Chichester Cottage, 192B Buckley Avenue, Hobsonville 0618

15

b

Hobsonville Point Resident’s Society Incorporated, 192B Buckley Road, Hobsonville, Community Outcomes Plan

17

      

Ngā kaihaina / Signatories

Authors

Wendy Zapart - Community Lease Advisor

Authorisers

Rod Sheridan - General Manager Community Facilities

Eric Perry - Relationship Manager

 


Upper Harbour Local Board Community Forum

01 November 2018

 

 

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Upper Harbour Local Board Community Forum

01 November 2018

 

 

Approval of deed of additional premises to Rosedale Park Sports Charitable Trust, Rosedale Park, 320 Rosedale Road, Albany

 

File No.: CP2018/19980

 

  

Te take mō te pūrongo / Purpose of the report

1.       To approve a deed of lease for additional premises to the Rosedale Park Sports Charitable Trust at Rosedale Park, 320 Rosedale Road, Albany.

Whakarāpopototanga matua / Executive summary

2.       The Rosedale Park Sports Charitable Trust have a ground lease for their clubrooms located on the park. The lease commenced on 1 October 2003 for an initial term of 10 years, with one right of renewal of 10 years. The lease was renewed in 2013 and reaches final expiry on 30 September 2023.

3.       In 2016, the Upper Harbour Local Board provided landowner approval for the addition of a viewing deck to the northern side of the building occupied by Rosedale Park Sports Charitable Trust and their trustees, North Harbour Softball Association Incorporated, and the North Harbour Football and Sports Club Incorporated.

4.       The occupation of the area has not been formalised as the area is outside the approved lease area. This can be remedied with the provision of a deed of lease of additional premises, which will extend the terms of the current lease to the viewing deck/pad.

5.       This report recommends the local board approve a deed of lease of additional premises for the viewing deck extension on the north side of the existing trust building.

 

Ngā tūtohunga / Recommendation/s

That the Upper Harbour Local Board Community Forum:

a)      grant a deed of lease for additional premises to Rosedale Park Sports Charitable Trust at Rosedale Park, being 57.5m2 (more or less), as shown on Attachment A to this report and outlined in blue.

b)      agree that commencement date of the deed of lease for additional premises will be 15 November 2018.

c)      note that all other existing terms and conditions of the lease dated 14 November 2003 and commencing 1 October 2003 and subsequent renewals, remain in effect and will apply to the deed of lease for additional premises.

 

Horopaki / Context

6.       This report deals with authorising the occupation of an area of Rosedale Park by a viewing deck/pad that is part of the clubroom facility owned and occupied by the Rosedale Park Sports Charitable Trust (registration number 2602643). The terms and conditions of the lease for the building can be extended by way of a deed of lease for additional premises.

Tātaritanga me ngā tohutohu / Analysis and advice

7.       Rosedale Park is legally described as Part Allotment 653 Parish of Paremoremo Section 1 SO68325 comprising 3135m2, and is contained in CFR422166, and held by Auckland Council as a classified recreation reserve, pursuant to the provisions of the Reserves Act 1977.

8.       The Rosedale Park Sports Charitable Trust have a ground lease for their clubrooms located on the park as shown at Attachment A. The lease commenced 1 October 2003 for an initial term of 10 years, with one right of renewal of 10 years. The lease was renewed in 2013 and finally expires on 30 September 2023.

9.       In 2016, the Upper Harbour Local Board provided landowner approval for the addition of a viewing deck to the northern side of the building (refer Attachment B). This deck extension was outside the lease area and was completed in March 2017.

10.     The Rosedale Park Sports Charitable Trust was registered on 20 April 2014, with the trustees being North Harbour Softball Association Incorporated and the North Harbour Football and Sports Club Incorporated (formerly the Albany United Soccer Club Incorporated). Both clubs use the clubrooms on the park shown in Attachment A.

11.     The occupation of additional area needs to be authorised. This can be done by way of a Deed of Lease of Additional Premises, which extends the terms of the current lease and renewals to the additional area.

12.     The Rosedale Park Management Plan approved in June 1996 contemplates the trust’s building and activities on the park. There is therefore, no need for public notification or consultation with iwi groups to extend the lease area.

Ngā whakaaweawe ā-rohe me ngā tirohanga a te poari ā-rohe /
Local impacts and local board views

13.     The Upper Harbour Local Board has already considered this proposal when providing the landowner approval for the viewing deck/pad and, apart from granting approval for the deed of additional premises, there is no further impact on the local board.

Tauākī whakaaweawe Māori / Māori impact statement

14.     Auckland Council is committed to meeting its responsibilities under Te Tiriti o Waitangi and its broader legal obligations to Māori. The council recognises these responsibilities are distinct from the Crown’s Treaty obligations and fall within a local government Tāmaki Makaurau context. These commitments are articulated in the council’s key strategic planning documents; the Auckland Plan 2050, the Long-term Plan 2018-2028, the Unitary Plan and local board plans.

15.     The operative reserve management plan for Rosedale Park contemplates the trusts and clubs’ activities. There is no change to the use or operational activities being conducted on the land. Iwi engagement is not required in accordance with section 54 (2A) of the Reserves Act 1977.

Ngā ritenga ā-pūtea / Financial implications

16.     There are no financial implications for the council with the trust and trustees meeting the costs and other obligations relating to the additional area.

Ngā raru tūpono / Risks

17.     There are no risks with the proposal.

Ngā koringa ā-muri / Next steps

18.     Once the local board approves the deed of lease of additional premises, staff will prepare the deed and arrange for its approval by the trust and council.

 

Ngā tāpirihanga / Attachments

No.

Title

Page

a

Site plan for Rosedale Park Sports Charitable Trust, 360 Rosedale Road, Albany

23

b

Landowner approval letter dated 1 September 2016 to Rosedale Park Sports Charitable Trust for deck/viewing platform at Rosedale Park

25

     

Ngā kaihaina / Signatories

Authors

Wendy Zapart - Community Lease Advisor

Authorisers

Rod Sheridan - General Manager Community Facilities

Eric Perry - Relationship Manager

 


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ATTACHMENTS

 

Item 8.1      Attachment a    1 November 2018 Upper Harbour Local Board: Sustainability and the changing face of cricket Page 31

Item 8.3      Attachment a    Meadowood Community House presentation Page 33


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