Agenda of Rodney Local Board Parks, Culture and Community Development Committee

Board Member

Organisation

Position

James Colville

St Marys Church Wellsford, Parish Council

Federated Farmers Auckland

Wellsford Drama Club

Wellsford Promotions

Landowners and Contractors Protection Assn.

Member

Warren Flaunty, QSM

Westgate Pharmacy Ltd

NorSGA Properties Ltd

The Trust Community Foundation Ltd

Henderson-Massey Local Board

Waitemata District Health Board

Taupaki Residents and Ratepayers Assn.

Contractor/Director

Director

Member

Elected Member

Member

Steven Garner

(Deputy Chairperson)

Mahurangi College Board of Trustee

Warkworth Tennis and Squash Club

Trustee

Member

Thomas Grace

Kumeu Rotary

South Kaipara Community Patrol

Rally New Zealand

Targa New Zealand

Waimauku Lions

Auckland Conservation Board

Federated Farmers

Northern Sports Car Club

Graceland Properties

Kumeu Community Patrol

President

Member

Director

Member

Beth Houlbrooke

Greater Auckland Chorus (Charitable Trust)

Sweet Adelines New Zealand (Charitable Trust)

ACT NZ
ACT NZ

Baddeleys and Campbells Beach Residents and Ratepayers Assn.

Member

Vice President

Employee

Member

John McLean

Albany CoCo

De Paul House

Furniture for Schools Charitable Trust

Newpark Financial

Coatesville Residents and Ratepayers Association

Member

Donor

Trustee

Shareholder

Member

Phelan Pirrie

Muriwai Environmental Action Community Trust

North West District Business Association

Muriwai Community Association

Muriwai Volunteer Fire Brigade

Best Berries (NZ) Ltd

Trustee

Member

Officer in Charge

Director/Shareholder

Greg Sayers

Rotary Club of Auckland

Neighbourhood Support Rodney

Member

Brenda Steele

(Chairperson)

Te Uri o Hau

Ngati Whatua o Kaipara

Woodhill School Board of Trustees

Beneficiary

Trustee

Rodney Local Board Parks, Culture and Community Development Committee

07 September 2015

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 5

8.1 Mahurangi Action - Mahurangi River Environment Precinct Visualisation 5

8.2 Snells Beach matters 6

8.3 Anti Rodeo Action NZ - Warkworth Rodeo 6

8.4 Warkworth Rodeo 6

9 Public Forum 7

10 Extraordinary Business 7

11 Notices of Motion 7

12 Outcomes of Ecosystems Project in 2014/2015 and Allocation of Proposed Ecosystem Projects for 2015/2016 9

13 Allocation of Sustainable Living Initiatives Programmes Budget 2015/2016 21

14 Proposed new community lease to The North Shore Playcentre Association Incorporated for the Coatesville site 25

15 Support for proposed reclassification of a portion of Part Allotment 671 Paremoremo Parish on Coatesville Recreation Reserve 39

16 Renewal and variation of lease to Kumeu and Districts Community Centre Incorporated at 35 to 41 Access Road Kumeu 51

17 New community lease to Kumeu and Districts Community Centre Incorporated for Pomona Hall 73

18 New community lease to the Helensville Tennis Club Incorporated at Rautawhiri Park, Helensville 93

19 New community lease to Baddeleys and Campbells Beach Tennis Club Incorporated at Baddeleys Beach Recreation Reserve 109

20 New community licence to occupy to Muriwai Environmental Action Community Trust at Muriwai Village Green 125

21 Kumeu arts needs assessment 143

22 Special Exemption (Section 6) Fencing of Swimming Pools Act 1987 185

23 Deputation/Public Forum Update 189

24 Rodney Local Board Parks, Culture and Community Development Committee Workshop Records 193

25 Consideration of Extraordinary Items

PUBLIC EXCLUDED

26 Procedural Motion to Exclude the Public 203

22 Special Exemption (Section 6) Fencing of Swimming Pools Act 1987, Attachments A – J under separate cover

a. 106 Oyster Point Road, Warkworth

b. 87 Motu Road, Huapai

c. 305 Ararimu Valley Road, Waimauku

d. 660 Waitakere Road, Kumeu

e. 9 Ngarewa Drive, Opahi Bay

f. 36 Blackbridge Road, Dairy Flat

g. 39 Postman Road, Dairy Flat

h. 54 Pinetone Road, Kumeu

i. 407 Horseshoe Bush Road, Pine Valley

j. 737 Leigh Road, Whangateau

1 Welcome

2 Apologies

At the close of the agenda no apologies had 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.

4 Confirmation of Minutes

That the Rodney Local Board Parks, Culture and Community Development Committee:

a) confirm the ordinary minutes of its meeting, held on Monday, 6 July 2015, 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 3.20 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 Rodney Local Board Parks, Culture and Community Development Committee. 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 Mahurangi Action - Mahurangi River Environment Precinct Visualisation

Purpose

1. Representatives from Mahurangi Action Incorporated will be in attendance to inform the local board about a set of drawings visualising how an environment precinct might be established at Warkworth’s town basin.

2. The visualisations are intended as a starting point for a wide-ranging discussion on how best the community can be encouraged to engage with the Mahurangi River’s natural and heritage environment.

Recommendation/s

That the Rodney Local Board Parks, Culture and Community Development Committee:

a) thank the representatives from Mahurangi Action Incorporated on their presentation regarding visualisations for an environment precinct on the Mahurangi River at Warkworth’s town basin.

8.2 Snells Beach matters

Purpose

1. June Turner will be in attendance to address the Rodney Local Board Parks, Culture and Community Development Committee on various matters relating to Snells Beach including:

· Snells Beach to Warkworth walkway proposal

· Completion of the Ken Erceg walkway at Snells Beach

· Sk8 at Goodall Reserve

Recommendation/s

That the Rodney Local Board Parks, Culture and Community Development Committee:

a) thank June Turner for her presentation on the Snells Beach walkway proposal, the completion of the Ken Erceg walkway at Snells Beach and Sk8 at Goodall Reserve, Snells Beach.

8.3 Anti Rodeo Action NZ - Warkworth Rodeo

Purpose

1. Ms Lynn Charlton will give a presentation on behalf of Anti Rodeo Action NZ in relation to Warkworth Rodeo.

Recommendation/s

That the Rodney Local Board Parks, Culture and Community Development Committee:

a) thank Ms Charlton of Anti Rodeo Action NZ for her presentation on Warkworth Rodeo.

8.4 Warkworth Rodeo

Purpose

1. Gary Jackson, a member of Warkworth Rodeo Club has requested a deputation to discuss the Warkworth Rodeo.

Recommendation/s

That the Rodney Local Board Parks, Culture and Community Development Committee:

a) thank Gary Jackson for his presentation on Warkworth Rodeo.

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.”

11 Notices of Motion

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

Rodney Local Board Parks, Culture and Community Development Committee

07 September 2015

Outcomes of Ecosystems Project in 2014/2015 and Allocation of Proposed Ecosystem Projects for 2015/2016

File No.: CP2015/14969

Purpose

1. To report back on outcomes of projects funded through the Rodney Local Board ‘Ecological Survey of Terrestrial and Aquatic Ecosystems’ budget in 2014/2015 and to seek approval for the proposed allocation of the Ecological Survey Ecosystem budget line in 2015/2016.

Executive Summary

2. In 2013/2014 the Rodney Local Board commissioned an ecological survey of the biodiversity values within the Rodney local parks network. The report – ‘Ecological Survey and Prioritisation of Biodiversity Management on Local Parks within Rodney Local Board Area’ (refered to from here as the Rodney Ecological Prioritisation report) prioritised ecological restoration works required on the local parks.

3. The local board then identified a key initiative in their Local Board Plan for 2014/2017 to ‘implement actions identified in the completed ecological survey to protect and enhance biodiversity and support the community groups to undertake environmental restoration and preservation.’

4. To achieve this, the Rodney Local Board established the Ecological Survey of Terrestrial and Aquatic Ecosystems budget line ($49,558) in 2014/2015.

5. This report provides a summary on the achievements and outcomes of projects funded through that budget line.

6. This report also presents a proposed work programme to the local board for delivery from its 2015/2016 ecological survey ecosystem budget line ($50,000). It is recommended that the local board fund the following projects shown in Table One (see under comments below). These projects have been prioritised from the initial Rodney Ecological Prioritisation report and also take into account advice received from New Zealand Biosecurity following delivery of several 2014/2015 projects.

Recommendation/s

That the Rodney Local Board Parks, Culture and Community Development Committee:

a) receive the update on the projects completed under the Rodney Local Board Ecological Survey of Terrestrial and Aquatic Ecosystems budget in 2014/2015.

b) approve allocation of $50,000 to projects to be delivered from the Ecological Survey Ecosystem budget line in 2015/2016 as listed below:

i. Lake Tomarata Dune Lakes Reserve - $2,000 (towards site preparation for 2016 wetland buffer planting and follow up pest plant control).

ii. Constable Road, south Muriwai - $15,600 (towards native lizard survey and plant pest control)

iii. Birds Beach - $9,800 (towards pest plant control and wetland buffer planting)

iv. Brick Bay Drive reserve - $2,600 (towards pest plant control)

v. Brick Bay – Puriri Place Reserve - $6,000 (towards wetland restoration and riparian buffer planting)

vi. Thomas Grace Reserve - $5,000 (towards pest plant and animal control and scoping of potential for wetland restoration programme)

vii. Woodcocks-Kawaka Reserve - $2,000 (towards pest plant management)

viii. Glen Kowhai Reserve (Duck Creek Rd) - $3,000 (towards pest plant management)

ix. Mathesons Bay Reserve - $4,000 (towards pest plant control)

Comments

7. The Rodney Local Board established the Ecological Survey of Terrestrial and Aquatic Ecosystems budget line ($49,558) in response to a need for more up-to-date, comprehensive ecological data on the biodiversity values within the Rodney local parks network as minimal information existed to effectively prioritise ecological restoration works on the local parks.

8. It was anticipated that it would take up to five years to gather the information; however in the 2013/2014 financial year the budget allocated by the local board was supplemented through Auckland Council’s regional biodiversity budget and the entire survey and parks prioritisation project was completed to deliver the Rodney Ecological Prioritisation Report.

9. The Rodney Ecological Prioritisation Report identified management requirements to protect the biodiversity values on local parks including those with the highest ecological values. In 2014/2015, rather than undertake further (unnecessary) survey work, the local board’s budget was used to implement the biodiversity management recommendations from the report on the highest ranking local parks. The projects supplemented existing parks ecological restoration works.

10. In some cases no previous biodiversity management had occurred on the highest ranking reserves because of the lack of knowledge prior to the survey and parks prioritisation project.

11. The projects delivered through this budget line have an important role in protecting and enhancing biodiversity values and due to their scale, are unable to be funded from existing parks operational budgets. The intention is that once the projects are completed the ongoing maintenance will be carried out under Auckland Council’s Ecological Restoration Contract (Northern).

12. Table One: Recommended ecological survey ecosystem projects to be delivered in 2015/2016

Project description	Costs
Lake Tomarata Dune Lakes Reserve – Site preparation for 2016 wetland buffer planting and follow up pest plant control.	$2,000
Constable Road, south Muriwai – Two projects are proposed for delivery under this budget line including: · Native herptofauna (lizard) survey - $5,000 *estimated · Plant pest control plus gorse control where required along boundary - $10,600	$15,600
Birds Beach – Two projects are proposed for delivery under this budget line including: · Follow up pest plant control -$4,800 · Wetland buffer planting -$5,000	$9,800
Brick Bay Drive reserve - Garden escapee pest plant control	$2,600
Brick Bay – Puriri Place Reserve – Wetland restoration (weed control & buffer planting of small, degraded coastal wetland), riparian buffer planting along the lower reaches of a stream.	$6,000
Thomas Grace Reserve – Pest plant and animal control and scoping of potential for wetland restoration programme	$5,000
Woodcocks-Kawaka Reserve – Plant pest management along the bush margin.	$2,000
Glen Kowhai Reserve (Duck Creek Rd) – Pest plant management in the reserve.	$3,000
Mathesons Bay Reserve – Pest plant control within and on the margins of the coastal forest remnant and on coastal cliff headland.	$4,000
TOTAL	$50,000

2014/2015 Project Reporting

13. A total of $49,558 was committed to high priority, ecological restoration projects within the local parks network this year, as discussed with and endorsed by the Rodney Local Board.

Table Two below summarises the status and outcomes of the various projects prioritised in the ecological survey of terrestrial and aquatic ecosystems report:

Table Two: Summary Status of 2014/15 Local Park Biodiversity Protection Projects

Rank	Park Name	Project details	Project Status
1	Lake Tomarata Dune Lakes Reserve	Sourcing and growing eco-sourced native plants to restore the wetland buffer within parkland. The wetland is the only example of its type in the Auckland region. Pest plant control within the wetland and wider reserve was funded through the park’s ecological restoration budget and I&ES regional biodiversity budgets.	Underway. Seed was sourced from local environs by a reputable nursery. Plants have been propagated and will be ready for the 2016 planting season.
2	Brick Bay Drive – Puriri Place Reserve	Control of shade tolerant pest plants within the mosaic of high quality coastal, kauri and kanuka forest. Animal pest control to protect threatened fauna was covered by the Auckland Council ecological restoration contract (northern) budget.	Completed. Shade tolerant pest plant species including arum lily, climbing asparagus and ginger were controlled within the forest remnants to improve the ecological integrity and long-term viability of the forest areas.
3	Constable Road, South Muriwai	Native bird survey, coastal turf protection, pest plant control and fencing within this large (69 hectare) park with multiple biodiversity values including threatened species, threatened ecosystems and important habitat values. The goal was to achieve as many of the above objectives as possible, acknowledging that the budget was insufficient to cover everything. Pest plant control of the coastal turf site and to protect a small, threatened plant species at Constable Road were covered by the I & ES regional biodiversity budget.	Completed with the exception of fencing which is currently being addressed with adjoining landowners and seabird survey work which is scheduled for 2015/2016. A regionally threatened wetland bird species was recorded in a raupo dominated wetland. Species led pest plant control targeting moth plant, woolly nightshade throughout the reserve, and pampas on wetland and stream margins was achieved in the northern half of the reserve. The works were extensive and included the collection of twenty-eight bags of moth plant pods which were carefully buried and the location recorded to check that no regeneration occurs.
4	Birds Beach Recreational Reserve	Wetland bird survey and pest plant control within wetland buffer and adjoining beach. The 2.3 hectare wetland is the largest freshwater wetland within the local parks network, adjacent to important wading and coastal bird habitat on the Kaipara Harbour.	Completed. A regionally threatened wetland bird species was recorded in the wetland. Species led control targeting pest plants undermining the integrity of the wetland buffer and dune areas was completed with a marked improvement.
5	McElroys Scenic Reserve	Fencing repairs to protect the largest and most significant forest remnant within the local parks network.	Completed. Fence now fully stock proof.
13	Woodcocks-Kawaka Reserve	Fencing repairs to protect this high quality and unusual forest type with threatened species.	Completed. Fence now fully stock proof.
17	Omeru Scenic Reserve	Fencing repairs to exclude stock from accessing and degrading the forest margin. This reserve contains intact, diverse forest surrounding a permanent stream and threatened species have been recorded within the parkland.	Completed. Fence now fully stock proof.

Recommendations for 2015/16 budget allocation

14. The proposed projects focus on the Rodney Local Board area parks and reserves with the highest ranking for biodiversity values to ensure that these values can be protected and enhanced. The projects complement other biodiversity management initiatives undertaken within other parts of council and by community volunteers.

15. The proposed projects are either within parks where the biodiversity values have not previously been actively managed or are of a scale that are unable to be managed under existing parks operational budgets; however it is the intention that once this work is completed that the ongoing maintenance will be managed by the parks department under the council’s ecological restoration contract (northern).

Lake Tomarata Dune Lakes Reserve ($2,000)

16. Biodiversity values: This reserve is the highest ranked reserve for biodiversity values in the local parks network. The reserve is adjacent to Lake Tomarata and contains a patch of forest and part of an extensive wetland which buffers the entire dune lake. The wetland includes Auckland’s only example of the highly fragile manuka-greater wirerush-restiad rushland ecosystem type. The wetland provides important habitat for several threatened species.

Figure One: Manuka-greater wirerush-restiad rushland wetland ecosystem found in Lake Tomarata Dune Lakes Reserve

17. This project will deliver site preparation for wetland buffer planting and to follow up pest plant control as recommended by New Zealand Biosecurity.

18. It is envisaged that community or council volunteers will plant the wetland buffer area in the 2016 planting season (May-June), but that site preparation will be needed in this financial year. The plants were locally sourced and grown as one of the 2014/2015 projects.

19. Pest plant control is needed within the reserve to prevent invasion into the wetland and forest ecosystems that occur here, and to reduce abundances to a point that ongoing maintenance can be achieved through the Ecological Restoration Contract (Northern) budget administered by council’s parks department.

20. There is significant interest in the local community and from adjacent landowners in restoration initiatives at Lake Tomarata.

Constable Road, south Muriwai ($15,600)

21. Biodiversity values: One of Rodney’s largest local parks with multiple biodiversity values. Comprises coastal shrubland and forest, regenerating scrubland, freshwater wetlands, coastal turf and grassland. High habitat values for native fauna. Also habitat to a threatened native plant species thought to be extinct in the Auckland region until rediscovered in 2011.

Figure Two: Constable Road local parkland, south Muriwai

22. Two projects are proposed for delivery under this budget line, as listed below:

· Native herpetofauna (lizard) survey $5,000 *estimated

· Plant pest control as recommended by NZ Biosecurity ($9,600) plus

gorse control if required along boundary ($1,000) $10,600

23. There is little existing information about the native fauna values within the Constable Road local parkland, although the extent and range of habitat types available indicates it is likely to be of importance for a range of native species. Active local community groups at both the Te Henga and Muriwai ends of the Constable Road local parkland have expressed interest in finding out more about the fauna values within this park. They would like to see animal pest control initiated to complement the programmes they already have underway protecting known threatened species populations including grey-faced petrel, little blue penguin and pateke.

24. It is likely that seabird survey work will be funded through biodiversity regional budgets, thus only the herpetofauna survey is proposed for funding from the local board budget. The parks team intend to undertake animal pest monitoring and some limited pest control this year. Options for running a more effective and sustained animal pest control programme will be investigated for subsequent years once the native fauna values are better understood.

25. Plant pests threaten the integrity and regeneration of the coastal shrubland and forest remnants, and the freshwater wetlands with the park. Species led pest plant control was initiated in the previous financial year (funded by Rodney Local Board) and the recommended continuation of control in the coming year is required to manage the most invasive and damaging species to a point that the parks operational budget can cover ongoing maintenance of the site.

Birds Beach Recreation Reserve ($9,800)

26. Biodiversity values: This is the largest freshwater wetland (2.3 hectares) in the Rodney local parks network and has a threatened wetland bird population. See Figure Three below for photos of the Bird Beach raupo wetland reserve.

Figure Three: Photos of raupo wetland at Birds Beach Recreation Reserve

27. There are two projects being proposed for delivery under this budget line, as follows:

· Follow up pest plant control as recommended by NZ Biosecurity $4,800

· Wetland buffer planting $5,000

28. Pest plant control is needed to reduce abundances of gorse, ice plant, lupin, pampas, agapanthus, elephant’s ear, fairy crassula and watsonia on the wetland buffer and a small area of sand dune to a point that ongoing maintenance can be achieved through the ecological restoration contract (northern) budget administered by the parks department. Establishing a native wetland buffer will improve the integrity and function of the wetland ecosystem and reduce the potential for pest plant reinvasion.

Brick Bay Drive Reserve ($2,600)

29. Biodiversity Values: Contains an excellent remnant of healthy kauri-podocarp-broadleaved forest with a diverse and intact understorey which is well buffered by regenerating scrub and forest. The forest protects a permanent high quality stream. High habitat value for a range of native species.

Brick Bay Reserve

30. Pest plant control is needed to reduce garden escapee weeds (including aristea, fairy crassula and ivy) along park margins to a point that ongoing maintenance can be included under the ecological restoration contract (northern) budget administered by the parks department.

Brick Bay – Puriri Place Reserve ($6,000)

31. Biodiversity Values: A high quality, diverse mosaic of coastal, kauri and kanuka forest with a small wetland and healthy aquatic habitat within the permanent forest-clad streams.

32. This project will deliver the following:

· Wetland restoration (weed control and buffer planting of small, degraded coastal wetland)

· Small amount of riparian buffer planting along the lower reaches of a stream

33. A small wetland at the northern end of Brick Bay beach requires pest plant control and buffer planting to restore ecological integrity and resilience. A stream extends from the wetland to the beach and from the wetland into the upper catchment where kanuka dominated scrub is regenerating and buffering the stream. The stream needs a small amount of buffer planting in the lower reaches.

Thomas Grace Reserve ($5,000)

34. Biodiversity values: A healthy and diverse kauri-podocarp-broadleaved forest remnant with a small area of kanuka forest and a small wetland. High habitat values for native fauna.

Thomas Grace Reserve

35. This project proposes to deliver pest plant and animal control, and to scope potential for wetland restoration programme

36. It is understood that Rodney Local Board member, Thomas Grace, has managed pest plant control and possibly animal pest control within this reserve since gifting it to it to council which has helped to protect the integrity and long-term viability of the forest and wetland ecosystems.

37. At the time of survey, pest plant abundances were recorded as low along the forest remnant buffer and within the remnant itself, but the requirement for pest plant management in the small wetland area and buffer were noted, along with the need to re-establish native wetland buffer vegetation and possibly restoration planting within the wetland. The proposed works will be developed more fully in consultation with Mr Grace.

Woodcocks-Kawaka Reserve ($2,000)

38. Biodiversity values: A high quality, intact forest remnant with a diverse understorey and an unusual species assemblage. The forest remnant has good habitat values.

39. This project is required to eradicate tradescantia and pampas and avoid invasion of the forest remnant where these species would seriously undermine the integrity of forest and riparian habitats.

Glen Kowhai Reserve (Duck Creek Rd) ($3,000)

40. Biodiversity values: Part of a substantial and continuous tract of mature, diverse kauri-podocarp-broadleaved forest buffering the upper reaches of the Mahurangi River. High habitat values.

41. A thick mat of tradescantia covers the forest floor and alongside the stream margins within a substantial part of this reserve, inhibiting regeneration of native species. The proposed tradescantia control will reduce the abundance of this species to a point that ongoing maintenance can be included under the council’s ecological restoration contract (northern) budget administered by the parks department.

Mathesons Bay Reserve ($4,000)

42. Biodiversity values: The reserve contains kauri-podocarp-kanuka-taraire forest and kanuka forest. The forest vegetation buffers Kohuroa Stream and extends down the gully from Leigh Road to the Mathesons Bay beach. There is a coastal cliff headland which comprises occasional large pohutukawa and coastal scrub (e.g. taupata and pohutukawa), although this area is reasonably weedy. The gully forest is a site of value and the stream appears to be providing habitat for invertebrates and fish.

43. Plant pest control is required to ensure the long-term viability of this important coastal forest remnant which buffers a stream of high aquatic habitat value.

Consideration

Local Board views and implications

44. The Rodney Local Board included reference in its local board plan to key outcomes “care for our environment” and “communities valued as key to the success of environmental and sustainability initiatives”. As key initiatives, the board indicated it would “implement actions identified in the completed ecological survey to protect and enhance biodiversity and support the community groups to undertake environmental restoration and preservation.”

45. An update on the projects completed under the Rodney Local Board: Ecological Survey of Terrestrial and Aquatic Ecosystems budget in 2014/2015 and the proposed allocation of the Ecological Survey Ecosystem budget line in 2015/2016 was presented to the board at a workshop on 20 July 2015. Their feedback has informed this report.

Māori impact statement

46. The works proposed will provide for enhanced environmental benefit for the wider community including Māori.

Implementation

47. Regular reporting on project delivery will be through the quarterly report from the Infrastructure and Environmental Services department, or as required.

Attachments

There are no attachments for this report.

Signatories

Authors

Brenda Osborne – Senior Ecologist North /West

Guia Nonoy - Relationship Advisor

Authorisers

John Dragicevich - Manager Infrastructure and Environmental Services

Lesley Jenkins - Relationship Manager

Rodney Local Board Parks, Culture and Community Development Committee

07 September 2015

Allocation of Sustainable Living Initiatives Programmes Budget 2015/2016

File No.: CP2015/15869

Purpose

1. To seek approval from the Rodney Local Board for allocation of the sustainable living initiatives budget ($10,000) to educational projects focused on septic tank management and zero waste parenting.

Executive Summary

2. The Rodney Local Board has committed $10,000 to sustainable living initiatives programmes in their Locally Driven Initiatives (LDI) budget for the 2015/2016 financial year.

3. This report recommends two educational projects to be delivered through that budget line as outlined in Table One below.

Table One: Proposed sustainable living initiatives programme 2015/2016

Project description	Cost
Working Towards A Better Tomorrow, Stage One – This project will leverage off existing regional programmes delivered by Auckland Council to target parents, encouraging the use of cloth nappies and other waste-free parenting strategies and products.	$5,000
Whangateau and Ti Point Onsite Wastewater Education – This project will involve door knocking and targeted education of residents regarding how to best manage their septic tanks to prevent water pollution. In addition to the board’s contribution this project will also be supported by $10,000 of regional funding.	$5,000
Total	$10,000

Recommendation/s

That the Rodney Local Board Parks, Culture and Community Development Committee:

a) approve the allocation of their sustainable living initiatives programmes budget of $10,000 for delivery by Infrastructure and Environmental Services department in 2015/1026 to two projects as follows:

i. Working Towards A Better Tomorrow - $5,000

ii. Whangateau and Ti Point Onsite Wastewater Education - $5,000

b) request that any significant changes identified during the programme delivery be brought back to the Rodney Local Board for approval.

Comments

4. Each of the proposed projects offer the local board an opportunity to build upon regional funds and programmes for an increased presence and environmental gain in the Rodney area.

5. They will also both contribute to the local board’s aspiration, outlined in the Rodney Local Board Plan 2014/2017 that “our environment is healthy, cared for and enjoyed’ through supporting sustainable living initiatives in the community.

6. They will also contribute to the local board’s aspirations that “wastewater services are reliable and environmentally friendly” and that “communities are valued as key to success of environmental and sustainability initiatives.”

7. Each of the proposed projects is described in more detail below, along with the regional contribution.

Working Towards A Better Tomorrow

Recommended Rodney Local Board contribution - $5,000

8. Auckland Council’s last waste assessment found that 12% of waste sent to landfill in Auckland is sanitary waste. Households with young children generate proportionally more sanitary waste. In a household with one baby, ‘disposables’ will make up 50 per cent of total household waste.

9. To address this issue, the Working Towards A Better Tomorrow programme will target parents and early childhood centres to encourage use of cloth nappies and other waste-free parenting strategies and products.

10. Local funding will leverage off existing programmes developed from regional funds. This will include the following programmes as listed:

a) Stage One - Rodney waste-free parenting workshops.

Two hour interactive workshops will be delivered to educate parents about modern cloth nappies and other options for minimising waste at home with a baby. Products demonstrated at the workshop will also be made available at a subsidised cost to encourage uptake by workshop participants. Regional funds are available for the delivery of one workshop in Rodney. Local board funding would be used to hold one additional workshop.

b) Stage Two - Early Childhood Education Centre (ECE) Cloth Nappy Trial
Auckland Council has run trials with ECEs across Auckland to ascertain the feasibility of centres using cloth nappies, rather than disposables. A Rodney ECE centre will be encouraged to become part of this regional programme. Local funding will then be used to capitalise on this trial – encouraging the ECE centre to continue the use of cloth nappies after the trial is completed and championing the use of cloth nappies amongst other Rodney ECE centres and parents.

Whangateau and Ti Point onsite wastewater education programme

Proposed Rodney Local Board contribution - $5,000

11. This project follows on from and develops some of the recommendations from the regionally funded Whangateau – Ti Point water quality investigation carried out over the summer of 2014/2015. This investigation was prompted by a long-established local perception of beach and harbour contamination by on-site wastewater systems.

12. Three of the five sampling sites indicated the presence of faecal contamination. Households within the catchments that drain into these two sites will be the primary target area for an intensive educative programme. Using the west coast lagoons (‘Love our Lagoons’) pilot programme as a guide and input from the local community, the approach on the ground will include door-knocking, a limited number of no-obligation site inspections and, potentially, workshops to raise community awareness.

13. Funding of $10,000 is available within regional budgets to support this project. It is recommended the board allocate $5,000 of local funding to ensure the success of the project. A total project budget of $15,000 will cover the cost of door knocking in both primary and secondary target areas, five site inspections, one community event, community meetings and programme design and reporting.

Consideration

Local Board views and implications

14. The 2014 Rodney Local Board Plan sets an aspiration that “our environment is healthy, cared for and enjoyed by all.” A key initiative in the plan to deliver this aspiration is to support sustainable living initiatives in the community and support community-led projects to improve septic tank systems and community education on best practice.

15. This proposed sustainable living initiatives programme has been developed based on the local board’s aspirations and their feedback at a workshop on Monday 8 June 2015. This included a request from the board to develop a new proposal focusing on septic tank education project.

16. Responsibility for decision making and allocation of this budget is within the local board’s delegations.

Māori impact statement

17. The works proposed will provide for enhanced environmental benefit for the wider community including Māori.

Implementation

18. Implementation of the projects described above will be reported regularly to the local board through the Infrastructure and Environmental Services quarterly update report. Any significant changes to projects or the overall environment programme will be brought back to the local board for approval.

Attachments

There are no attachments for this report.

Signatories

Authors

Tracy Tristram - Environmental Programmes Advisor

Guia Nonoy - Relationship Advisor

Authorisers

John Dragicevich - Manager Infrastructure and Environmental Services

Lesley Jenkins - Relationship Manager

Rodney Local Board Parks, Culture and Community Development Committee

07 September 2015

Proposed new community lease to The North Shore Playcentre Association Incorporated for the Coatesville site

File No.: CP2015/17433

Purpose

1. This report seeks the approval of the Rodney Local Board Parks, Culture and Community Development Committee to publicly notify and consult with Iwi of council’s intention to approve a new community lease to The North Shore Playcentre Association Incorporated for a portion of Part Allotment 671 Paremoremo Parish, on Coatesville Recreation Reserve, 12 Mahoenui Valley Road, Coatesville.

Executive Summary

2. In 1995 the former Rodney District Council granted a lease to The North Shore Playcentre Association Incorporated (the Playcentre) for the site on Coatesville Recreation Reserve. The lease is for a term of 19 years which commenced 1 November 1994 with final expiry on 31 October 2013 (Attachment A, Geographic Information System (GIS) view showing Coatesville Recreation Reserve as outlined in red and current lease area to the Playcentre as outlined in yellow). Since the date of final expiry, the Playcentre’s community lease has been continuing on a month by month basis.

3. By virtue of its lease, the land area occupied by the Playcentre straddles two parcels (Attachment B GIS aerial view showing the Playcentre occupying a portion of Part Allotment 671 Paremoremo Parish and a portion of Allotment 695 Paremoremo Parish, at Coatesville Recreation Reserve):

· The land described as Allotment 695 Paremoremo Parish is held in fee simple by Auckland Council and classified as local purpose (site for a play centre) reserve and is subject to the Reserves Act 1977. The majority of the Playcentre is sited on this Allotment and the classification is correct.

· A portion of the Playcentre has extended onto land described as Part Allotment 671 Paremoremo Parish that is held by the Crown through the Department of Conservation as a classified recreation reserve and vested in Auckland Council in trust for recreation purposes and is subject to the Reserves Act 1977. This classification is incorrect for the Playcentre’s activities as it is classified for recreational activities only.

4. As a consequence of the Playcentre’s activities extending on to the portion of Part Allotment 671 Paremoremo Parish being Crown land and classified recreation reserve, a lease pursuant to Section 73(3) of the Reserves Act 1977 is required for a new lease to The North Shore Playcentre Association Incorporated (Attachment C GIS aerial view with proposed new community lease as outlined in green).

5. Prior to approving a new lease, public advertising of council’s intention will be required under section 73 (4) of the Reserves Act 1977 and Iwi consultation will be required under section 4 of the Conservation Act 1987.

6. Council staff will consider and initiate if required, a process to reclassify the area of the Playcentre that extends onto Part Allotment 671 Paremoremo Parish from recreation reserve to local purpose (site for a play centre) reserve in accordance with the Reserves Act 1977. The matter of reclassification will be dealt with in a separate report.

7. With respect to a proposed new community lease to the Playcentre for the portion of Allotment 695 Paremoremo Parish as held in fee simple and classified as local purpose (site for a playcentre) reserve, council staff will report back to the local board after the satisfactory completion of the statutory processes required for the proposed new lease for the portion of Crown land. Council staff will recommend a lease term of 10 years with one right of renewal for 10 years for the portion of Allotment 695 Paremoremo Parish. This proposed lease term will align with the proposed lease term for the portion of Part Allotment 671 Paremoremo Parish.

8. This subsequent action will be subject to local board approval to the public notification and consultation with Iwi of council’s intention to grant a new community lease to The North Shore Playcentre Association Incorporated for a portion of Part Allotment 671 Paremoremo Parish, on Coatesville Recreation Reserve.

Recommendation/s

That the Rodney Local Board Parks, Culture and Community Development Committee:

a) approves the public notification and consultation with Iwi of council’s intention to grant a community lease to The North Shore Playcentre Association Incorporated for a portion of Part Allotment 671 Paremoremo Parish, on Coatesville Recreation Reserve, 12 Mahoenui Valley Road, Coatesville (Attachment C GIS aerial view showing proposed new community lease as outlined in green).

b) notes the terms of the proposed new community lease to be issued pursuant to section 73(3) of the Reserves Act 1977 would be:

i) term - 10 years with one right of renewal for 10 years commencing from the dates of satisfactory completion of the statutory processes required and subsequent local board approval

ii) rent - $1.00 plus GST per annum if requested

c) request that council staff report back to the local board for a decision or final approval of the community leases to The North Shore Playcentre Association Incorporated on Coatesville Recreation Reserve following public notification and consultation with Iwi of the intention to lease (a portion of Part Allotment 671 Paremoremo Parish) as follows:

i) a portion of Part Allotment 671 Paremoremo Parish

ii) a portion of Allotment 695 Paremoremo Parish (pursuant to Section 61(2A) of the Reserves Act 1977)

Comments

Background

9. In 1995 the former Rodney District Council granted a lease to The North Shore Playcentre Association Incorporated (the Playcentre) for the site on Coatesville Recreation Reserve. The lease is for a term of 19 years which commenced 1 November 1994 with final expiry on 31 October 2013 (Attachment A GIS view showing Coatesville Recreation Reserve as outlined in red and current lease area to the Playcentre as outlined in yellow). Since the date of final expiry, the Playcentre’s community lease has been continuing on a month by month basis.

10. The Playcentre wishes to continue leasing part of Coatesville Recreation Reserve, 12 Mahoenui Valley Road, Coatesville being portions of Allotment 695 and Part Allotment 671 of Paremoremo Parish. The Playcentre has provided financial accounts which indicate that its funds are sufficient to meet its liabilities and are being managed appropriately. The Playcentre has all necessary insurance cover, including public liability insurance, in place.

11. The Playcentre owns its current building which is well maintained. The Playcentre has plans to undertake a significant upgrade to the interior of the building. These changes will allow the Playcentre to more effectively meet its requirements under the New Zealand Early Childhood Regulations and provide better utilisation of the space and flow between areas within the current building as well as meeting impending regulations in terms of accessibility.

12. The Coatesville Hall and Reserve Advisory Committee supports a new lease to the Playcentre in its current position on the Coatesville Reserve (Attachment D).

13. The Coatesville Recreation Reserve Management Plan adopted 7 May 2009 at 17.2 Objective 2 To facilitate the range of community activities held on the reserve and to recognise the contribution of the activities to the wider social fabric of the district recommends under policy and implementation to continue the existing lease with The North Shore Playcentre Association Incorporated.

14. The required processes inherent in the preparation of the Reserve Management Plan as adopted 7 May 2009 should have provided the opportunity to rectify the land issue at this time. Unfortunately the necessary steps were not taken.

15. By virtue of its lease, the land area occupied by the Playcentre straddles two parcels (Attachment B GIS aerial view showing the Playcentre occupying a portion of Part Allotment 671 Paremoremo Parish and a portion of Allotment 695 Paremoremo Parish, at Coatesville Recreation Reserve):

· A portion of the Playcentre has extended onto land described as Part Allotment 671 Paremoremo Parish that is held by the Crown through Department of Conservation as a classified recreation reserve and vested in Auckland Council in trust for recreation purposes and is subject to the Reserves Act 1977. This classification is incorrect for the Playcentre’s activities.

16. As a consequence of the Playcentre’s activities extending on to the portion of Part Allotment 671 Paremoremo Parish being Crown land and classified recreation reserve, a lease pursuant to Section 73(3) of the Reserves Act 1977 is required for a new lease to The North Shore Playcentre Association Incorporated (Attachment C GIS aerial view with proposed new community lease as outlined in green).

17. Prior to approving a new lease, public notification of council’s intention will be required under section 73 (4) of the Reserves Act 1977 and Iwi consultation will be required under section 4 of the Conservation Act 1987.

18. Subject to local board approval to publicly notify and consult with Iwi of council’s intention to grant a new community lease to The North Shore Playcentre Association Incorporated (for portion of Part Allotment 671 Paremoremo Parish at the Coatesville site), council staff recommend a lease term of 10 years with one right of renewal for 10 years. This proposed lease term period should provide council staff with sufficient time to consider and initiate the option to survey off the portion of Part Allotment 671 Parish of Paremoremo (currently encroached, by virtue of the current lease to the Playcentre) and reclassify as local purpose (site for a playcentre) reserve. The matter of reclassification will be dealt with in a separate report.

19. A treaty clause would need to be included in a proposed new lease about the possibility of the land (Part Allotment 671 Parish of Paremoremo) being returned to the Crown should a successful claim be lodged over the land.

20. Council staff will report back to the local board for a decision or final approval of the community leases to The North Shore Playcentre Association Incorporated on Coatesville Recreation Reserve following public notification and consultation with Iwi of the intention to lease (a portion of Part Allotment 671 Paremoremo Parish) as follows:

· a portion of Part Allotment 671 Paremoremo Parish

· a portion of Allotment 695 Paremoremo Parish

21. The Playcentre was registered as an Incorporated Society on 22 November 1973. Its objectives are to:

· Work with nga whanau/families to provide quality learning experiences for young children

· Assist nga matua/parents to provide a Playcentre, and maintain, equip and supervise it

· Advise, assist, encourage and co-ordinate the activities of existing Playcentres

· Develop public awareness of the Playcentre movement and to develop public conscience concerning the welfare of young children

· Bring nga matua/parents the knowledge available of principles and methods of management and care of young children and foster better matua/parent/child relationships.

22. The Playcentre caters for children up to 6 years of age and has been operating for more than 30 years. The Playcentre has a good relationship with the teaching staff at the local school who advises on how they can best prepare the children for the transition to school.

23. Trips are organised for the children each term. Recent trips have included tobogganing at Snow Planet, Sheepworld, a new soft play centre, ferry and tram rides and a local orchard.

24. Council staff has worked alongside the Playcentre to draft and negotiate a Community Outcomes Plan. The draft Community Outcomes Plan will be tabled for consideration during the submissions period and council staff will include it in the subsequent report to the local board on the lease matters.

25. Council staff from relevant departments has been consulted on the proposal and are supportive.

Consideration

Local Board views and implications

26. The Rodney Local Board has the delegated authority to approve public advertising of the intention to grant a lease as required under section 73(4) of the Reserves Act 1977 and to consult with Iwi as required under section 4 of the Conservation Act 1987.

27. The public notification and consultation with Iwi of the intention to lease will contain details of the proposed agreement and any submissions will be presented to the Rodney Local Board Parks, Culture and Community Development Committee at the first available meeting to allow due consideration of any matters arising before making a final decision on the lease.

28. At its business meeting of 6 July 2015, the Rodney Local Board Parks, Culture and Community Development Committee resolved to; a) approve the 2015/2016 Community Development Arts and Culture work programme Resolution number RODPC/2015/31. The community lease work plan for 2015/2016, b) was also approved. The proposed new lease to The North Shore Playcentre Association Incorporated (for the Coatesville site) is listed on the community lease work plan 2015/2016.

Māori impact statement

29. Consultation with Iwi (as identified as having an interest in the Rodney Local Board geographical area) will be required regarding the proposal to grant a community lease on a portion of Part Allotment 671 Paremoremo Parish.

Implementation

30. The costs associated with public notification and consultation with Iwi of the intention to lease is in the approximate amount of $500.00 which, will be borne by the Community Development Arts and Culture Department.

Attachments

No.	Title	Page
a View	Attachment A GIS aerial view showing Coatesville Recreation Reserve as outlined in red and current lease area to The North Shore Playcentre Association Incorporated (for the Coatesville site) as outlined in yellow	29
b View	Attachment B GIS aerial view showing the Playcentre occupying a portion of Part Allotment 671 Paremoremo Parish and a portion of Allotment 695 Paremoremo Parish at Coatesville Reserve	31
c View	Attachment C GIS aerial view with proposed new community lease to The North Shore Playcentre Association Incorporated for a portion of Part Allotment 671 Paremremo Parish as outlined in green	33
d View	Attachment D Copy of letter from the Coatesville Hall and Reserve Advisory Committee	35

Signatories

Authors

Karen Walby - Advisor Community Lease

Authorisers

Graham Bodman - Manager - Community Development, Arts and Culture

Lesley Jenkins - Relationship Manager

Rodney Local Board Parks, Culture and Community Development Committee

07 September 2015

Support for proposed reclassification of a portion of Part Allotment 671 Paremoremo Parish on Coatesville Recreation Reserve

File No.: CP2015/16818

Purpose

1. This report seeks Rodney Local Board Parks, Culture and Community Development Committee support for the proposed reclassification of a portion of Part Allotment 671 Paremoremo Parish on Coatesville Recreation Reserve.

Executive Summary

2. The Coatesville Recreation Reserve is located adjacent to the Coatesville-Riverhead Highway between Mahoenui Valley Road and Glenmore Road in Coatesville.

3. The reserve accommodates the Coatesville Settlers Hall, the Waitemata District Pony Club (Coatesville Branch), The North Shore Playcentre Association Incorporated and the Coatesville School Board of Trustees (for a swimming pool).

4. Historically, the Coatesville (reserve) site was reserved for a public hall in 1925. It was originally administered by a local committee of residents who subsequently erected a community hall on the site in 1926. In 1977, two additional areas of Crown land adjoining the hall site (Allotment 334 and Part Allotment 671 Paremoremo Parish) were added to the reserve. In 1985 the Playcentre site was established following a subdivision of Lot 671.

5. In 1995 the former Rodney District Council granted a lease to The North Shore Playcentre Association Incorporated (the Playcentre) for the site on Coatesville Recreation Reserve. The lease is for a term of 19 years which commenced 1 November 1994 with final expiry on 31 October 2013 (Attachment A Geographic Information System (GIS) view showing Coatesville Recreation Reserve as outlined in red and current lease area to the Playcentre as outlined in yellow). Since the date of final expiry, the Playcentre’s community lease has been continuing on a month by month basis.

6. By virtue of its lease, the land area occupied by the Playcentre straddles two parcels (Attachment B GIS aerial view showing the Playcentre occupying a portion of Part Allotment 671 Paremoremo Parish and a portion of Allotment 695 Paremoremo Parish, at Coatesville Recreation Reserve):

· The land described as Part Allotment 671 Paremoremo Parish that is held by the Crown through Department of Conservation as a classified recreation reserve and vested in Auckland Council in trust for recreation purposes and is subject to the Reserves Act 1977. The Playcentre’s activities undertaken this portion of land are incompatible with the land classification.

7. The portion of Part Allotment 671 Paremoremo Parish occupied by the Playcentre needs to be reclassified from recreation reserve to local purpose (site for a play centre) reserve to align with and support the Playcentre’s activities in accordance with the Reserves Act 1977 (Attachment C GIS aerial showing portion of Part Allotment 671 Paremoremo (898m² more or less as outlined in black) proposed for reclassification from recreation reserve to local purpose (site for a playcentre) reserve.

8. Components of the process to reclassify the portion of Part Allotment 671 Paremoremo Parish from recreation reserve to local purpose (site for a playcentre) reserve include:

· Resolution from the local board recording its support to the proposal

· Resolution from the Parks, Recreation and Sport Committee to the proposal

· Consultation with Iwi as required by section 4 of the Conservation Act 1987

· Public notice seeking submissions and or objections to the proposal

· Review of submissions and or objections received

· Report to local board and Parks Recreation and Sport Committee on submissions received and seek final recommendations on the submissions and or objections and whether or not a hearing should be held

· Subject to the above, the portion would need to be surveyed and a survey plan would be required to define the reserve classification.

9. Council staff seeks support from the local board to commence a process to re-classify the portion of Part Allotment 671 Paremoremo.

Recommendation/s

That the Rodney Local Board Parks, Culture and Community Development Committee:

a) supports the process to reclassify the portion of Part Allotment 671 Paremoremo Parish from recreation reserve to local purpose (site for a playcentre) reserve in accordance with the terms of the Reserves Act 1977 and the Conservation Act 1987 (Attachment C GIS aerial showing portion of Part Allotment 671 Paremoremo (898m² more or less as outlined in black) proposed for reclassification from recreation reserve to local purpose (site for a playcentre) reserve.

Comments

10. The Coatesville Recreation Reserve is located adjacent to the Coatesville-Riverhead Highway between Mahoenui Valley Road and Glenmore Road in Coatesville.

11. The reserve accommodates the Coatesville Settlers Hall, the Waitemata District Pony Club (Coatesville Branch), The North Shore Playcentre Association Incorporated and the Coatesville School Board of Trustees (for a swimming pool).

12. Historically, the Coatesville (reserve) site was reserved for a public hall in 1925. It was originally administered by a local committee of residents who subsequently erected a community hall on the site in 1926. In 1977, two additional areas of Crown land adjoining the hall site (Allotment 334 and Part Allotment 671 Paremoremo Parish) were added to the reserve. In 1985 the Playcentre site was established following a subdivision of Lot 671.

13. In 1995 the former Rodney District Council granted a lease to The North Shore Playcentre Association Incorporated (the Playcentre) for the site on Coatesville Recreation Reserve. The lease is for a term of 19 years which commenced 1 November 1994 with final expiry on 31 October 2013 (Attachment A GIS view showing Coatesville Recreation Reserve as outlined in red and current lease area to the Playcentre as outlined in yellow). Since the date of final expiry, the Playcentre’s community lease has been continuing on a month by month basis.

14. The Coatesville Recreation Reserve Management Plan adopted 7 May 2009 documents the lease to the Playcentre for Allotment 695 Paremoremo Parish. Further, the plan states at 17.2 Objective 2 “To facilitate the range of community activities held on the reserve and to recognise the contribution of the activities to the wider social fabric of the district recommends under policy and implementation to continue the existing lease with The North Shore Playcentre Association Incorporated.”

15. The required processes inherent in the preparation of the Reserve Management Plan as adopted 7 May 2009 should have provided the opportunity to rectify the land issue at this time. Unfortunately the necessary steps were not taken.

16. By virtue of its lease, the land area occupied by the Playcentre straddles two parcels (Attachment B GIS aerial view showing the Playcentre occupying a portion of Part Allotment 671 Paremoremo Parish and a portion of Allotment 695 Paremoremo Parish, at Coatesville Recreation Reserve):

· The land described as Part Allotment 671 Paremoremo Parish that is held by the Crown through Department of Conservation as a classified recreation reserve and vested in Auckland Council in trust for recreation purposes and is subject to the Reserves Act 1977. The activities undertaken on and the use of this portion of land are incompatible with the land classification.

17. The portion of Part Allotment 671 Paremoremo Parish occupied by the Playcentre needs to be reclassified from recreation reserve to local purpose (site for a play centre) reserve to align with and support the Playcentre’s activities in accordance with the Reserves Act 1977 (Attachment C GIS aerial showing portion of Part Allotment 671 Paremoremo (898m² more or less as outlined in black) proposed for reclassification from recreation reserve to local purpose (site for a playcentre) reserve).

18. Components of the process to reclassify the portion of Part Allotment 671 Paremoremo Parish from recreation reserve to local purpose (site for a playcentre) reserve include:

· Resolution from the local board recording its support to the proposal

· Resolution from the Parks, Recreation and Sport Committee to the proposal

· Consultation with Iwi as required by Section 4 of the Conservation Act 1987

· Public notice seeking submissions and or objections to the proposal

· Review of submissions and or objections received

· Subject to the above, the portion would need to be surveyed and a survey plan would be required to define the reserve classification.

19. Council staff will complete the final stage of the reclassification process which will involve:

(i) completing a submission to the Minister’s delegate seeking the reclassification gazette notice to be signed

(ii) arranging for the signed notice to be published in the New Zealand Gazette

(iii) registration of the notice against the relevant title so as to provide a permanent public record for everyone.

20. Council staff from the appropriate departments has been canvassed on and is comfortable with the proposal to reclassify the portion of Part Allotment 671 Paremoremo Parish from recreation reserve to local purpose (site for a playcentre) reserve.

Consideration

Local Board views and implications

21. The Rodney Local Board Parks Culture and Community Development Committee has the delegated authority to support the process to re-classify.

22. At its business meeting of 6 July 2015, the Rodney Local Board Parks, Culture and Community Development Committee resolved to; a) approve the 2015/2016 Community Development Arts and Culture work programme Resolution number RODPC/2015/31). The community lease work plan for 2015/2016, b) was also approved. The proposed new lease to The North Shore Playcentre Association Incorporated (for the Coatesville site) is listed on the community lease work plan 2015/2016.

23. Council staff has submitted a separate report to the Rodney Local Board Parks Culture and Community Development Committee with regard to the proposal for a new lease to The North Shore Playcentre Association Incorporated for the portion of Part Allotment 671 Paremoremo Parish pursuant to section 73(3) of the Reserves Act 1977. This section of the Reserves Act provides for the approval to temporary leases on reserve land (subject to statutory requirements being satisfied). The proposal to reclassify the portion of Part Allotment 671 Paremoremo Parish from recreation reserve to local purpose (site for a playcentre) reserve would effect a permanent and appropriate result. Subject to the reclassification, future leases to the Playcentre may be approved in a timely and straightforward process.

Māori impact statement

24. Consultation with Iwi (as identified as having an interest in the Rodney Local Board geographical area) will be required regarding the proposal to reclassify a portion of Part Allotment 671 Paremoremo Parish.

Implementation

25. The recommendations contained in this report do not trigger the Auckland Council Significance Policy.

26. The costs associated with public notification and consultation with Iwi of the proposal to reclassify is in the approximate amount of $500.00 which, will be borne by the Community Development Arts and Culture Department.

27. The costs associated with the survey plan are in the approximate amount of $7,000.00 which, will be borne by Auckland Council.

Attachments

No.	Title	Page
a View	Attachment A GIS aerial view showing Coatesville Recreation Reserve as outlined in red and current lease area to The North Shore Playcentre Association Incorporated (for the Coatesville site) as outlined in yellow	43
b View	Attachment B GIS aerial view showing the Playcentre as outlined in blue occupying a portion of Part Allotment 671 Paremoremo Parish and a portion of Allotment 695 Paremoremo Parish at Coatesville Recreation Reserve	45
c View	Attachment C GIS aerial view showing portion of Part Allotment 671 Paremoremo Parish (898m2 more or less) as outlined in black for proposed reclassification from recreation reserve to local purpose (site for a play centre) reserve	47

Signatories

Authors

Karen Walby - Advisor Community Lease

Authorisers

Graham Bodman - Manager - Community Development, Arts and Culture

Lesley Jenkins - Relationship Manager

Rodney Local Board Parks, Culture and Community Development Committee

07 September 2015

Renewal and variation of lease to Kumeu and Districts Community Centre Incorporated at 35 to 41 Access Road Kumeu

File No.: CP2015/17402

Purpose

1. This report seeks the approval of the Rodney Local Board Parks, Culture and Community Development Committee to the renewal and variation of the lease to Kumeu and Districts Community Centre Incorporated at 35 to 41 Access Road, Kumeu.

Executive Summary

2. Historically, the land at 35 to 41 Access Road Kumeu as occupied by the Kumeu and Districts Community Centre Incorporated was held by council in fee simple as an unclassified recreation reserve and subject to the Reserves Act 1977 (Attachment A GIS aerial view of 35 to 41 Access Road, Kumeu being Lot 1 DP 95110).

3. In 1980 the former Rodney District Council granted a ground lease to the Kumeu and Districts Community Centre Incorporated (Kumeu and Districts) over Lot 1 DP 95110 for 33 years commencing 16 July 1980 with a right of renewal for a further 33 years and includes the right in perpetuity for the renewal of the lease for periods of 33 years.

4. In 2010, the former Rodney District Council sited Pomona Hall on land within the Kumeu and Districts lease area adjacent to its community centre complex. No formal occupancy arrangement stating rights or responsibilities was put in place at this time.

5. Council staff liaised with Kumeu and Districts on the matter and in a letter dated 20 August 2014, Kumeu and Districts (Attachment G details letter from Kumeu and Districts to Auckland Council):

· Consented to a partial surrender of its current lease area (the footprint of the Pomona Hall) and renewal of its ground lease, terms and conditions in accordance with the lease dated 16 July 1980

· Requested a new community lease for the Council owned Pomona Hall (land and building) for a term of five years with one five year right of renewal in accordance with the Auckland Council Community Occupancy Guidelines 2012.

6. This report seeks the approval of the Rodney Local Board Parks, Culture and Community Development Committee to the renewal and variation of the lease to Kumeu and Districts Community Centre Incorporated at 35 to 41 Access Road, Kumeu. The recommendation for a new community lease to Kumeu and Districts Community Centre Incorporated for the Council owned Pomona Hall on the site will be dealt with in a separate report.

Recommendation/s

That the Rodney Local Board Parks, Culture and Community Development Committee:

a) approves the renewal and variation of the lease to Kumeu and Districts Community Centre Incorporated at 35 to 41 Access Road Kumeu, being Lot 1 DP 95110 (dated 16 July 1980) to record the surrender of the portion of land being the footprint (including curtilage) of the Pomona Hall (Attachment D GIS aerial view of 35 to 41 Access Road Kumeu being Lot 1 DP 95110 detailing the area for renewal of lease and area to be surrendered effecting the variation to the lease). The terms and conditions for the renewal and variation as follows:

i) Term - 33 years commencing 16 July 2013

ii) All other terms and conditions in the deed of renewal and variation will accord with those in the original lease.

Comments

7. Historically, the land at 35 to 41 Access Road Kumeu as occupied by the Kumeu and Districts Community Centre Incorporated was held by council in fee simple as an unclassified recreation reserve and subject to the Reserves Act 1977 (Attachment A GIS aerial view of 35 to 41 Access Road, Kumeu being Lot 1 DP 95110).

8. In 1980 the former Rodney District Council granted a ground lease to the Kumeu and Districts Community Centre Incorporated over Lot 1 DP 95110 for 33 years commencing 16 July 1980 with a right of renewal for 33 years and includes the right in perpetuity for the renewal of the lease for periods of 33 years. The lease states that it is issued pursuant to section 61 of the Reserves Act which accords with leases for land classified as local purpose reserves. This was incorrect as the land remained as an unclassified recreation reserve.

9. Section 16 (2A) of the Reserves Act empowers local councils to declare by resolution reserve lands held in fee simple to be classified for particular purposes as described under that Act. There is no requirement under section 16 (2A) for any prior public advertising or consulting with local iwi.

10. At its business meeting of 4 May 2015 the Rodney Local Board resolved to support the classification of Lot 1 DP 95110 as a local purpose (community buildings) reserve (Attachment B Resolution number RODPC/2015/16).

11. Whilst there is no requirement under section 16 (2A) for any prior public advertising or consulting with local Iwi, Auckland Council’s view is that it is good practice to consult with local Iwi. During the month of July 2015, Council staff consulted with the 14 Iwi identified as having an interest in the Rodney Local Board geographical area (Attachment E details relevant Iwi along with their respective feedback on the proposal).

12. On 9 July 2015, council staff and the Te Tari TaiAo, Te Pou Manahere, Environmental Manager for Nga Maunga Whakahii o Kaipara Development Trust (Nga Maunga Whakahii) being the legal entity that governs the operations and management of Ngati Whatua o Kaipara undertook a site visit to Kumeu and Districts Community Centre. Of note is the feedback received:

· Nga Maunga Whakahii o Kaipara Development Trust endorses the classification of Lot 1 DP 95110 as a local purpose (community buildings) reserve) pursuant to the Reserves Act 1977

· Nga Maunga Whakahii o Kaipara Development Trust acknowledges the Kumeu and Districts Community Centre Incorporated role in contributing to community activities and events.

13. At its business meeting of 29 July 2015, the Parks, Recreation and Sport Committee resolved to approve the classification (Attachment C Resolution number PAR/2015/48).

14. The final requirement being for council’s Reserves Act Specialist to arrange to register the resolution against the title containing Lot 1 DP 95110 in order to retain a permanent public record of the local purpose classification. This action supports the renewal and variation of community lease to the Kumeu and Districts Community Centre Incorporated.

15. All statutory requirements in terms of the Reserves Act 1977 have been satisfied in this regard.

16. In September 2013, Kumeu and Districts formally applied to renew its ground lease at 35 to 41 Access Road, Kumeu being Lot 1 DP 95110. Prior to the drafting of the lease renewal documentation, Council staff established that during 2010, the former Rodney District council sited Pomona Hall on land within the Kumeu and Districts lease area adjacent to its community centre complex. No formal occupancy arrangement stating rights or responsibilities was put in place at this time (Attachment F showing correspondence on the matter).

17. Council staff sought advice with regard to lease options with respect to the differing status of the two buildings within the single lease area (the main community complex owned by Kumeu and Districts and the smaller Pomona Hall being council owned). Suggested options are as follows:

· Request Kumeu and Districts to surrender from its ground lease, the portion of land on which the Pomona Hall is sited

· Prepare a deed of renewal and variation to record the surrender of the portion of land being the footprint (including curtilage) of the Pomona Hall. The terms and conditions in the deed of renewal will accord with the current lease

· Prepare a new lease for the council owned Pomona Hall and land (being the footprint of the Pomona Hall). Terms and conditions for the new lease will be in accordance with the Auckland Council Community Occupancy Guidelines 2012.

18. Council staff subsequently liaised with Kumeu and Districts on the matter and in a letter dated 20 August 2014, Kumeu and Districts (Attachment G details letter from Kumeu and Districts to Auckland Council):

· Consented to a partial surrender of its current lease area (the footprint of the Pomona Hall) and renewal of its ground lease, terms and conditions in accordance with the lease dated 16 July 1980

· Requested a new community lease for the council owned Pomona Hall (land and building) for a term of five years with one five year right of renewal in accordance with the Auckland Council Community Occupancy Guidelines 2012.

19. Council staff has carried out two site visits with regard to the lease renewal; the first on 16 October 2013 at which time a property inspection was undertaken and the most recent visit, 6 May 2014. The Kumeu and Districts owned community complex is one large structure which is very well managed, maintained and utilised. The complex comprises; large hall (capacity for 400 people), small hall (capacity for 100 people), both with small kitchenettes. In addition the complex features a large catering kitchen that is accessible from both halls. The women’s and men’s toilets each accommodate two shower cubicles and changing areas. The local Lions Club are also accommodated within the complex by way of its own exclusive room known as the Lion’s Den.

20. The Kumeu and Districts Community Centre Incorporated was incorporated under the Incorporated Societies Act 1908 on 10 December 1913. A selection of objects as stated in the Kumeu and Districts sets of rules are as follows: “To let the Kumeu and Districts Community Centre when erected for the purpose of public entertainments, concerts, meetings, dances and other purposes of a kindred nature.”

21. Kumeu and Districts activates its facilities by way of providing portable netball posts for the indoor netball league run in the second and third terms and after school practice for local college teams. Kumeu and Districts complex is in frequent use by a wide range of the community including fitness groups, handcraft groups, service organisations, sports groups, garden clubs, the local ratepayers association, dance groups, a judo group, antenatal classes and other educational training groups.

22. The Kumeu and Districts committee is made up of nine volunteers from local residents from the Kumeu, Huapai and Waimauku areas. Elections for the committee are held on an annual basis and it is tasked with overseeing the management and maintenance of the complex and also employing accountancy, auditing and cleaning services.

23. The Kumeu and Districts committee cooperates fully with the Kumeu Agricultural and Horticultural Society (Kumeu A&H) who own the adjoining property by making its complex available to complement Kumeu A&H activities such as the annual; Kumeu Show, Classic Car Show and the Auckland Folk Festival.

24. In 2014 Kumeu and Districts replaced the roof on its complex. This renewal work constituted the biggest maintenance job undertaken to date.

25. The financial accounts provided indicate that Kumeu and Districts funds are sufficient to meet its liabilities and are being managed appropriately.

26. Kumeu and Districts has all the necessary insurance cover, including public liability insurance in place.

27. Council staff from relevant departments has been consulted on the matter and are supportive.

Consideration

Local Board views and implications

28. At its meeting of 22 August 2014, the Rodney Local Board Community Services and Portfolio Holders were apprised of the proposal for a renewal and variation of the existing ground lease plus a new community lease (Pomona Hall) to Kumeu and Districts. At this time informal support was given to the proposals.

29. At its business meeting of 4 May 2015 the Rodney Local Board resolved to support the classification of Lot 1 DP 95110 as a local purpose (community buildings) reserve (Attachment B Resolution number RODPC/2015/16).

30. At its business meeting of 29 July 2015, the Parks, Recreation and Sport Committee resolved to approve the classification (Attachment C Resolution number PAR/2015/48).

31. The Rodney Board Parks, Culture and Community Development Committee has delegated authority to approve the renewal and variation of lease to Kumeu and Districts Community Centre Incorporated.

Māori impact statement

32. During the month of July 2015, council staff consulted with the 14 Iwi identified as having an interest in the Rodney Local Board geographical area (Attachment E details relevant Iwi along with their respective feedback on the proposal).

Implementation

33. There are no cost implications for Auckland Council associated with the approval of the renewal and variation of the lease.

34. Subject to the Rodney Local Board Parks, Culture and Community Development Committee approval to the renewal and variation of lease to Kumeu and Districts, the Manager of Leasing and Land Advisory Services (Property) has the delegated authority to execute the renewal and variation of lease on council’s behalf.

Attachments

No.	Title	Page
a View	Attachment A GIS aerial view of 35 to 41 Access Road Kumeu being Lot 1 DP 95110	55
b View	Attachment B Rodney Local Board Parks Culture and Community Development Committee Resolution number RODPC/2015/16	57
c View	Attachment C Parks Recreation and Sport Committee Resolution number PAR/2015/48	59
d View	Attachment D GIS aerial view of 35 to 41 Access Road Kumeu area outlined in black for renewal of lease and area outlined and cross hatched in red surrendered effecting variation of lease	61
e View	Attachment E detailing relevant Iwi along with their respective feedback on the proposal	63
f View	Attachment F Corresepondence from Rodney District Council to Kumeu and Districts Community Centre Incorporated dated 2009 and 2010	65
g View	Attachment G Kumeu and District Community Centre Incorporated letter to Auckland Council dated 20 August 2014	69

Signatories

Authors

Karen Walby - Advisor Community Lease

Authorisers

Graham Bodman - Manager - Community Development, Arts and Culture

Lesley Jenkins - Relationship Manager

Rodney Local Board Parks, Culture and Community Development Committee

07 September 2015

New community lease to Kumeu and Districts Community Centre Incorporated for Pomona Hall

File No.: CP2015/17415

Purpose

1. This report seeks the approval of the Rodney Local Board Parks, Culture and Community Development Committee to a new community lease to Kumeu and Districts Community Centre Incorporated for Pomona Hall at 35 to 41 Access Road, Kumeu being Lot 1 DP 95110.

Executive Summary

2. In 1980 the former Rodney District Council granted a lease to the Kumeu and Districts Community Centre Incorporated (Kumeu and Districts) over Lot 1 DP 95110 for 33 years commencing 16 July 1980 with a right of renewal for a further 33 years and includes the right in perpetuity for the renewal of the lease for periods of 33 years. The timing of the ground lease to Kumeu and Districts coincided with construction of its community centre complex.

3. During 2010, the former Rodney District Council sited Pomona Hall (being a heritage building) on land within the Kumeu and Districts lease area adjacent to its community centre complex. No formal occupancy arrangement stating rights or responsibilities was put in place at this time.

4. This report seeks the approval of the Rodney Local Board Parks, Culture and Community Development Committee to a new community lease for the Auckland Council owned Pomona Hall and land footprint to Kumeu and Districts Community Centre Incorporated at 35 to 41 Access Road, Kumeu.

Recommendation/s

That the Rodney Local Board Parks, Culture and Community Development Committee:

a) approves a new community lease to Kumeu and Districts Community Centre Incorporated at 35 to 41 Access Road Kumeu for the Auckland Council owned Pomona Hall and land footprint (Attachment A GIS aerial view showing the lease area for land and Pomona Hall as outlined and cross-hatched in red)

b) notes the terms of the lease to be issued pursuant to Section 61 of the Reserves Act 1977 would be:

i) Term - five (5) years from 1 October 2015 and one five (5) year right of renewal;

ii) Rent - $1.00 plus GST per annum if requested

iii) Maintenance fee - $250.00 per annum

iv) The approved Kumeu and Districts Community Centre Incorporated Community Outcomes Plan be attached to the lease document.

c) approves the Kumeu and Districts Community Centre Incorporated Community Outcomes Plan as attached to the agenda report (Attachment D).

d) notes all other terms and conditions will be in accordance with the Reserves Act 1977 and Auckland Council Community Occupancy Guidelines 2012.

Comments

Background

5. In 1980 the former Rodney District Council granted a lease to the Kumeu and Districts Community Centre Incorporated (Kumeu and Districts) over Lot 1 DP 95110 for 33 years commencing 16 July 1980 with a right of renewal for a further 33 years and includes the right in perpetuity for the renewal of the lease for periods of 33 years. The timing of the ground lease to Kumeu and Districts coincided with construction of its community centre complex.

6. In September 2013, Kumeu and Districts formally applied to renew its ground lease at 35 to 41 Access Road, Kumeu being Lot 1 DP 95110. Prior to the drafting of the lease renewal documentation, Council staff established that during 2010, the former Rodney District Council sited Pomona Hall on land within the Kumeu and Districts lease area adjacent to its community centre complex. No formal occupancy arrangement stating rights or responsibilities was put in place at this time (Attachment B showing correspondence on the matter).

7. Council staff sought advice with regard to lease options with respect to the differing status of the two buildings within the single lease area (the main community complex owned by Kumeu and Districts and the smaller Pomona Hall being council owned). Suggested options are as follows:

· Request Kumeu and Districts to surrender from its ground lease, the portion of land on which the Pomona Hall is sited

· Prepare a new lease for the Council owned Pomona Hall and land (being the footprint of the Pomona Hall). Terms and conditions for the new lease will be in accordance with the Auckland Council Community Occupancy Guidelines 2012.

8. Council staff subsequently liaised with Kumeu and Districts on the matter and in a letter dated 20 August 2014, Kumeu and Districts (Attachment C details letter from Kumeu and Districts to Auckland Council):

· Consented to a partial surrender of its current lease area (the footprint of the Pomona Hall) and renewal of its ground lease, terms and conditions in accordance with the lease dated 16 July 1980

9. In a separate report to the Rodney Local Board Parks, Culture and Community Development Committee, Council staff has recommended the renewal and variation of the lease to Kumeu and Districts Community Centre Incorporated for its community complex at 35 to 41 Access Road Kumeu being Lot 1 DP 95110 dated 16 July 1980. The variation component to record the surrender of the portion of land being the footprint (including curtilage) of the Pomona Hall (Attachment E GIS aerial view of 35 to 41 Access Road Kumeu being Lot 1 DP 95110 detailing the area for renewal of lease and area to be surrendered effecting the variation to the lease).

10. The Auckland Council Community Occupancy Guidelines 2012 contemplates exclusive use of council owned buildings and states that community groups are required to pay an annual subsidised maintenance fee. The maintenance fee is calculated on the size of the building and with the Pomona Hall being approximately 77m² in size, the maintenance fee equates to $250.00 per annum. Maintenance fees are comprised as follows:

· Building insurance

· Compliance costs associated with building warrant of fitness, health and safety in Employment Act, fire and egress codes including signage and maintenance provided by Council as outlined in the terms of the occupancy arrangement.

11. By virtue of the Pomona Hall being a heritage building, particular conditions would be included in the lease document with regard to use and decoration.

12. The Pomona Hall is not insulated, has no heating nor is it self-contained (no piped water and the electricity is sourced via the supply to the Kumeu and Districts Community Incorporated owned (primary) community complex). The local Lions Club currently hire the Pomona Hall in arrangement with Kumeu and Districts. The Lions utilise the Pomona Hall to operate a vintage shop for community benefit (Attachment G).

13. Council staff has negotiated and agreed a community outcomes plan with the Club (Attachment D) which, if approved by the Rodney Local Board Parks, Culture and Community Development Committee, will be appended as a schedule to the community lease.

14. The Kumeu and Districts Community Centre Incorporated was incorporated under the Incorporated Societies Act 1908 on 10 December 1913. A selection of objects as stated in the Kumeu and Districts sets of rules are as follows: “To let the Kumeu and Districts Community Centre when erected for the purpose of public entertainments, concerts, meetings, dances and other purposes of a kindred nature.”

15. The Kumeu and Districts committee is made up of nine volunteers, all from local residents from the Kumeu, Huapai and Waimauku areas. Elections for the committee are held on an annual basis and it is tasked with overseeing the management and maintenance of the complex and also employing accountancy, auditing and cleaning services.

16. The financial accounts provided indicate that Kumeu and Districts funds are sufficient to meet its liabilities and are being managed appropriately.

17. Kumeu and Districts has all the necessary public liability insurance in place.

18. Council staff from relevant departments has been consulted on the proposal and are supportive.

Consideration

Local Board views and implications

19. At its meeting of 22 August 2014, the Rodney Local Board Community Services and Portfolio Holders were apprised of the proposal for a renewal and variation of the existing ground lease plus a new community lease (Pomona Hall) to Kumeu and Districts. At this time informal support was given to the proposals.

20. The Rodney Board Parks, Culture and Community Development Committee has delegated authority to approve a new community lease to Kumeu and Districts Community Centre Incorporated.

Māori impact statement

21. During the month of July 2015, council staff consulted with the 14 Iwi identified as having an interest in the Rodney Local Board geographical area. Iwi feedback is detailed in Attachment F.

Implementation

22. There are no cost implications for Auckland Council associated with the approval of a new community lease.

23. Subject to the Rodney Local Board Parks, Culture and Community Development Committee approval to the renewal and variation of lease to Kumeu and Districts, the Manager of Leasing and Land Advisory Services (Property) has the delegated authority to execute the new community lease on Council’s behalf.

Attachments

No.	Title	Page
a View	Attachment A GIS aerial view of 35 to 41 Access Road Kumeu being Lot 1 DP 95110 with area for new community lease to Kumeu and Districts Community Centre Incorporated (for Pomona Hall) as outlined and cross hatched in red	75
b View	Attachment B Correspondence from the Rodney District Council to Kumeu and Districts Community Centre Incorporated dated 2009 and 2010	77
c View	Attachment C Kumeu and Districts Community Centre Incorporated letter to Auckland Council dated 20 August 2014	81
d View	Attachment D Kumeu and Districts Community Centre Incorporated Community Outcomes Plan	83
e View	Attachment E GIS aerial view of 35 to 41 Access Road Kumeu area outlined in black for renewal of lease and area outlined and cross hatched in red surrendered effecting variation of lease	85
f View	Attachment F detailing relevant Iwi and their respective feedback on the proposal	87
g View	Attachment G Article published Nor-West News 11 December 2014 featuring success of the Vintage Shop run from the Pomona Hall	89

Signatories

Authors

Karen Walby - Advisor Community Lease

Authorisers

Graham Bodman - Manager - Community Development, Arts and Culture

Lesley Jenkins - Relationship Manager

Rodney Local Board Parks, Culture and Community Development Committee

07 September 2015

New community lease to the Helensville Tennis Club Incorporated at Rautawhiri Park, Helensville

File No.: CP2015/17061

Purpose

1. This report seeks the approval of the Rodney Local Board Parks, Culture and Community Development Committee for a new community lease to Helensville Tennis Club Incorporated on part of Rautawhiri Park described as portions of Te Tou Kauri and Rautawhiri No. 3 Blocks.

Executive Summary

2. The Helensville Tennis Club Incorporated has formally applied to enter into a new community lease on part of Rautawhiri Park described as portions of Te Tou Kauri and Rautawhiri No. 3 Blocks. The proposed community lease is in accordance with the Auckland Council Community Occupancy Guidelines 2012 with respect to a council owned asset being one term of five years plus one right of renewal for five years.

3. The operative reserve management plan for Rautawhiri Park does not contemplate a lease to the Helensville Tennis Club Incorporated (the Club). As such, the proposed lease must be publicly notified in accordance with the Reserves Act 1977 and invite any submissions or objections to such a proposal. Any submissions must be given full consideration by the Rodney Local Board or its nominated representatives before a final decision on the matter is made. As part of this process Iwi consultation must also be undertaken in accordance with section 4 of the Conservation Act 1987.

4. At its meeting of 2 March 2015, the Rodney Local Board Parks, Culture and Community Development Committee resolved to approve the public notification and consultation with Iwi of its intention to grant a community lease to the Club (Attachment A Resolution number RODPC/2015/6).

5. The terms and conditions with respect to statutory requirements have now been satisfied in accordance with resolution number RODPC/2015/6. Subject to the Rodney Local Board Parks, Culture and Community Development Committee approval to a new lease to the Club, the Manager of Leasing and Land Advisory Services (Property) has the delegated authority to execute the lease on Council’s behalf.

6. Subject to the Club securing a new community lease, the Club also seeks council’s approval as landlord in order that it may make an application for a Club Liquor Licence. The Chairman of the Helensville Tennis Club has been canvassed on the matter and he envisages that the consumption of alcohol will be managed as follows:

Hours:

· Alcohol consumed at the pavilion between specified hours on club nights during the tennis season and tournaments

Security:

· Alcohol will not be stored onsite

· Club representatives act as responsible hosts (no underage drinking and empties are removed offsite on each and every occasion)

· Food provided if alcohol consumed.

7. The Club is aware of their legal requirements in terms of making an application for a Club Liquor Licence, including as part of the regulatory process the need to publicly notify.

8. This report seeks the Rodney Local Board Parks, Culture and Community Development Committee approval to a new community lease to Helensville Tennis Club Incorporated on part of Rautawhiri Park described as portions of Te Tou Kauri and Rautawhiri No. 3 Blocks (Attachment B) showing lease area as outlined and cross-hatched in red.

Recommendation/s

That the Rodney Local Board Parks, Culture and Community Development Committee:

a) approves a community lease to the Helensville Tennis Club Incorporated for part of Rautawhiri Park described as portions of Te Tou Kauri and Rautawhiri No. 3 Blocks comprising; the pavilion and Astroturf tennis courts to Helensville Tennis Club Incorporated (Attachment B showing lease area as outlined and cross-hatched in red) subject to the following:

b) approves the terms of the lease to be issued pursuant to section 54 of the Reserves Act 1977 to be:

i) Term - five (5) years commencing 1 October 2015 and one five (5) year right of renewal;

ii) Rent - $1.00 plus GST per annum if requested

iii) Maintenance fee - $500.00 per annum

iv) The “required use” clause in the lease states that the primary use is for a tennis club and associated activities and the secondary use provides for a community hub to accommodate the casual and regular community and recreational users of the facility

v) The approved Helensville Tennis Club Community Outcomes Plan be attached to the lease document.

c) approves the Helensville Tennis Club Incorporated Community Outcomes Plan as attached to the agenda report (Attachment D).

d) notes all other terms and conditions will be in accordance with the Reserves Act 1977, Auckland Council Community Occupancy Guidelines 2012 and the Rautawhiri Park Management Plan adopted November 1998.

e) approves Landlord Consent to enable the Club to pursue an application for a Club Liquor Licence in accordance with council’s Alcohol and Licencing Department.

Comments

9. The Helensville Tennis Club Incorporated has formally applied to enter into a new community lease on part of Rautawhiri Park described as portions of Te Tou Kauri and Rautawhiri No. 3 Blocks. The proposed community lease is in accordance with the Auckland Council Community Occupancy Guidelines 2012 with respect to a council owned asset being one term of five years plus one right of renewal for five years.

10. The operative reserve management plan for Rautawhiri Park does not contemplate a lease to the Helensville Tennis Club Incorporated (the Club). As such, the proposed lease must be publicly notified in accordance with the Reserves Act 1977 and invite any submissions or objections to such a proposal. Any submissions must be given full consideration by the Rodney Local Board or its nominated representatives before a final decision on the matter is made. As part of this process Iwi consultation must also be undertaken in accordance with Section 4 of the Conservation Act 1987.

11. At its meeting of 2 March 2015, the Rodney Local Board Parks, Culture and Community Development Committee resolved to approve the public notification and consultation with Iwi of its intention to grant a community lease to the Club (Attachment B Resolution number RODPC/2015/6).

12. The terms and conditions with respect to statutory requirements have now been satisfied in accordance with resolution number RODPC/2015/6.

13. During the months of March to June 2015, council staff undertook consultation with the 14 Iwi identified as having an interest in the Rodney Local Board geographical area. This process is in accordance with section 4 of the Conservation Act 1987. Details of relevant Iwi, along with their respective feedback on the proposal is attached (Attachment E).

14. The proposed lease to the Club has been publicly notified in accordance with the Reserves Act 1977. An advertisement was placed in the Nor-West News and the Rodney Times on 25 June 2015. Public were given until 5.00pm on 1 August 2015 to lodge a submission or objection to the proposal. No submissions or objections were raised or received regarding the proposal.

15. Subject to the Rodney Local Board Parks, Culture and Community Development Committee approval to a new lease to the Club, the Manager of Leasing and Land Advisory Services (Property) has the delegated authority to execute the lease on council’s behalf.

16. In August 2014, the Club submitted a formal application to council for a new lease (Attachment C). The proposed lease area comprises the pavilion and four Astroturf tennis courts.

17. Historically, the Club has had a significant presence at Rautawhiri Park and a number of the members of the Club have close links to the former lessee at the site being the Rautawhiri Park Trust.

18. The Club is committed to being a robust entity to take on a new community lease in its own right having recently updated its incorporated society status and continues to work collaboratively with representatives from Harbour Sport and Tennis Northern to build the Club’s capacity with regard to the following:

· Constructing and implementing a business plan (with commitment to meeting immediate needs and long term sustainability)

· Constructing and implementing a financial plan

· Constructing and implementing a marketing and communications plan

· Constructing and implementing a volunteer management plan

· Constructing and implementing a health & safety plan

19. Council staff has held a number of meetings with the Club around the proposed new community lease and has negotiated and agreed a community outcomes plan with the Club (Attachment D) which, if approved by the Rodney Local Board will be appended as a schedule to the community lease.

20. Subject to the Club securing a new community lease, the Club also seeks council’s approval as landlord in order that it may make an application for a Club Liquor Licence. The Chairman of the Helensville Tennis Club has been canvassed on the matter and he envisages that the consumption of alcohol will be managed as follows:

Hours:

· Alcohol consumed at the pavilion between specified hours on club nights during the tennis season and tournaments

Security:

· Alcohol will not be stored onsite

· Club representatives act as responsible hosts (no underage drinking and empties are removed offsite on each and every occasion)

· Food provided if alcohol consumed.

21. The Club is aware of their legal requirements in terms of making an application for a Club Liquor Licence, including as part of the regulatory process, the need to publicly notify.

22. Currently, the pavilion and asphalt courts are under council’s management. The Helensville Tennis Club Incorporated has an informal agreement with council’s Parks staff for the management of the Astroturf courts.

23. Council staff has recommended the commencement date of the lease as 1 October 2015 to allow the:

· Venue Hire Team to communicate with current users of the pavilion and to finalise the accounts with respect to bookings. The Venue Hire Team will provide the Club with a full hand over of bookings and account details to the end of the financial year

· Property Department to liaise with current suppliers (utilities, security and otherwise) of the facility

· Parks Department to liaise with current users as to agreements in place until occupancy by new lessee.

24. The Club is keen to refurbish the Astroturf tennis courts and require security of tenure before outlaying its capital and also applying for necessary funding for the works.

25. The Club is acutely aware that the Rautawhiri Pavilion is of significant value to the community and well utilised and is committed to ensuring that the regular users continue to be accommodated. On execution of and under the terms and conditions per the proposed new community lease, the Club will take responsibility for the bookings and be bound by the objectives in its community outcomes plan to ensure that hire charges are comparable with other similar community facilities in the region.

26. Council staff has recommended that the Rodney Local Board Parks, Culture and Community Development Committee approves that the “required use” clause in the lease states that while the primary use is for a tennis club and associated activities, the secondary use provides for a community hub to accommodate the casual and regular community and recreational users of the facility.

27. The Club was incorporated under the Incorporated Societies Act 1908 on 3 November 1913. Within the Club’s constitution, its principles are stated as follows:

The Society is committed to:

· Providing opportunities for all in the community to enjoy tennis and play, learn and socialise at the club in a manner that suits them

· Ensuring the ongoing presence of tennis in the community

· Nurture and grow the game of tennis at all levels, for all ages

28. The Society’s general objects are stated as follows: The objects of the society will be to ensure tennis is provided in the community in a planned, enjoyable and effective way. In particular the Society will:

· Provide a maintained venue for members to play

· Maintain links to the Northern Tennis Region and Tennis New Zealand so that members enjoy those benefits and are part of the greater tennis infrastructure throughout the country

· Provide competitive outlets for all members through entry in interclub competitions, intra-club events and tournaments

· Offer a range of coaching programs to suit the varying needs and wants of the membership

· Be an active member of the community with ties to local schools and the wider public

· Carry out other activities consistent with the principles of the Society.

29. Council staff from relevant departments has been consulted on the proposal and are supportive.

Consideration

Local Board views and implications

30. At its meeting of 2 March 2015, the Rodney Local Board Parks, Culture and Community Development Committee resolved to approve the public notification and consultation with Iwi of its intention to grant a community lease to the Club (Attachment A Resolution number RODPC/2015/6).

31. The Rodney Board Parks, Culture and Community Development Committee has delegated authority to approve a new community lease to the Club.

Māori impact statement

32. During the months of March to June 2015, council staff undertook consultation with the 14 Iwi identified as having an interest in the Rodney Local Board geographical area. This process is in accordance with section 4 of the Conservation Act 1987 (Attachment E details relevant Iwi, along with their respective feedback on the proposal).

Implementation

33. The recommendations contained in this report do not trigger the Auckland Council Significance Policy.

34. There is no cost to the Rodney Local Board in approving a new community lease to the Club.

Attachments

No.	Title	Page
a View	Attachment A Rodney Local Board Parks, Culture and Community Development Committee Resolution number RODPC/2015/6	97
b View	Attachment B showing lease area to the Helensville Tennis Club Incorporated as outlined and cross hatched in red	99
c View	Attachment C Helensville Tennis Club Incorporated formal application for a community lease of pavilion and Astroturf tennis courts	101
d View	Attachment D Helensville Tennis Club Incorporated Community Outcomes Plan	103
e View	Attachment E detailing relevant Iwi along with their respective feedback on the proposal	105

Signatories

Authors

Karen Walby - Advisor Community Lease

Authorisers

Graham Bodman - Manager - Community Development, Arts and Culture

Lesley Jenkins - Relationship Manager

Rodney Local Board Parks, Culture and Community Development Committee

07 September 2015

New community lease to Baddeleys and Campbells Beach Tennis Club Incorporated at Baddeleys Beach Recreation Reserve

File No.: CP2015/17383

Purpose

1. This report seeks the approval of the Rodney Local Board Parks, Culture and Community Development Committee to a new community lease to Baddeleys and Campbells Beach Tennis Cub Incorporated on part of the Baddeleys Beach Recreation Reserve being Part Lot 72 DP 46353.

Executive Summary

2. The Baddeleys Beach Recreation Reserve Management Plan as approved by the former Rodney District Council 29 June 2000 assumes at page 1 that Lot 72 DP 46353 comprising 1.9981 hectares and known as Baddeleys Beach Recreation Reserve, is already classified under the Reserves Act 1977 as a recreation reserve (Attachment A Copy of sheet 58B from Baddeleys Beach Recreation Reserve Management Plan with Lot 72 DP 46353 outlined in red).

3. Council’s Reserves Act Specialist on searching the title established that there was no recording of any such reserve classification on NA17A/497, the title containing Lot 72 DP 46353. Lot 72 DP 46353 therefore remained today as an unclassified recreation reserve, held in fee simple by Auckland Council and subject to the provisions of the Reserves Act.

4. With Lot 72 DP 46353 remaining unclassified, the existing reserve management plan adopted by the former Rodney District Council in June 2000 is not valid under the Reserves Act 1977.

5. Section 16 (2A) of the Reserves Act 1977 empowers local councils to declare by resolution reserve lands held in fee simple to be classified for particular purposes as described under that Act. There is no requirement under section 16 (2A) for any prior public advertising or consulting with local iwi. Auckland Council’s view however, is that it is good practice to consult with local Iwi. During the month of July 2015, council staff consulted with the 14 Iwi identified as having an interest in the Rodney Local Board geographical area.

6. At its business meeting of 4 May 2015 the Rodney Local Board resolved (Resolution number RODPC/2015/15) to support the classification of Lot 72 DP 46353 as a recreation reserve (Attachment B).

7. At its business meeting of 29 July 2015, the Parks, Recreation and Sport Committee resolved to approve the classification (Attachment D Resolution number PAR/2015/49).

8. All statutory requirements in terms of the Reserves Act 1977 have been satisfied in this regard.

9. The Club holds a ground lease with the former Rodney District Council for the site at Baddeleys Beach Recreation Reserve. The lease commenced on 1 September 1995 with final expiry on 31 August 2014 and is currently rolling over on a month to month basis on the same terms and conditions.

10. The Club has requested to enter into a new community lease on part of the Baddeleys Beach Recreation Reserve being Part Lot 72 DP 46353 in accordance with Auckland Council Community Occupancy Guidelines 2012.

Recommendation/s

That the Rodney Local Board Parks, Culture and Community Development Committee:

a) approves a new community lease to Baddeleys and Campbells Beach Tennis Club Incorporated on part of the Baddeleys Beach Recreation Reserve being Part Lot 72 DP 46353 (Attachment C GIS aerial view with the leased area as outlined in red) subject to the following terms and conditions:

i) Commencing 1 September 2015 for one term of 10 years plus one right of renewal for 10 years;

ii) Rent $1.00 plus GST per annum if requested

iii) The approved Baddeleys and Campbells Beach Tennis Club Incorporated Community Outcomes Plan be attached to the lease document

b) approves the Baddeleys and Campbells Beach Tennis Club Incorporated Community Outcomes Plan as attached to the agenda report (Attachment E)

c) approves all other terms and conditions in accordance with the Baddeleys Beach Recreation Reserve Management Plan and the Auckland Council Community Occupancy Guidelines 2012.

Comments

11. The Baddeleys Beach Recreation Reserve Management Plan as approved by the former Rodney District Council 29 June 2000 assumes at page 1 that Lot 72 DP 46353 comprising 1.9981 hectares and known as Baddeleys Beach Recreation Reserve, is already classified under the Reserves Act 1977 as a recreation reserve.

12. Council’s Reserves Act Specialist on searching the title established that unfortunately, there was no recording of any such reserve classification on NA17A/497, the title containing Lot 72 DP 46353.

13. Lot 72 DP 46353 was originally acquired by the Crown as a recreation reserve pursuant to Section 13 of the Land Subdivision in Counties Act 1946. Later, after section 44 (1) of the Counties Amendment Act 1961 had come into force, Lot 72 transferred from the Crown to the ownership of the Rodney County Council as a recreation reserve.

14. With Lot 72 DP 46353 remaining unclassified, the existing reserve management plan adopted by the former Rodney District Council in June 2000 had no validity under the Reserves Act 1977. In this case, Lot 72 DP 46353 has been administered for many years as a reserve for recreation purposes and the existing reserve management plan has supported that the reserve be continued to be treated in that way.

15. Section 16 (2A) of the Reserves Act empowers local councils to declare by resolution reserve lands held in fee simple to be classified for particular purposes as described under that Act. There is no requirement under section 16 (2A) for any prior public advertising or consulting with local iwi.

16. At its business meeting of 4 May 2015 the Rodney Local Board resolved (Resolution number RODPC/2015/15) to support the classification of Lot 72 DP 46353 as a recreation reserve (Attachment B).

17. Whilst there is no requirement under section 16 (2A) for any prior public advertising or consulting with local Iwi, Auckland Council’s view is that it is good practice to consult with local Iwi. During the month of July 2015, council staff consulted with the 14 Iwi identified as having an interest in the Rodney Local Board geographical area. Details of relevant Iwi along with their respective feedback on the proposal is attached (Attachment F).

18. At its business meeting of 29 July 2015, the Parks, Recreation and Sport Committee resolved (Resolution number PAR/2015/49) to approve the classification (Attachment D).

19. The final requirement being for council’s Reserves Act Specialist to arrange to register the resolution against NA17A/479 being the title containing Lot 72 DP 46353 in order to retain a permanent public record of the reserve classification. The purpose of this undertaking is to validate the existing reserve management plan and its recommendations in terms of the Reserves Act. This action to validate the Baddeleys Beach Recreation Reserve Management Plan in turn supports the proposed new community lease to Baddeleys and Campbells Beach Tennis Club Incorporated at Baddeleys Beach Recreation Reserve.

20. All statutory requirements in terms of the Reserves Act 1977 have been satisfied in this regard.

21. Subject to the Rodney Local Board Parks, Culture and Community Development Committee approval to a new lease to the Club, the Manager of Leasing and Land Advisory Services (Property) has the delegated authority to execute the lease on council’s behalf.

22. In 1995 the Club constructed improvements over an area of 1054m² on part of Baddeleys Beach Reserve. The improvements comprise: two astroturf tennis courts, petanque court, concrete tennis hit-up area with concrete block wall and associated fencing, all of which are maintained to a high standard.

23. The construction of the improvements coincided with the Club entering into a 19 year ground lease with the former Rodney District Council. The lease commenced on 1 September 1995 and expired 31 August 2014. The lease is currently rolling over on a month to month basis on the same terms and conditions.

24. The Club has requested to enter into a new community lease on part of the Baddeleys Beach Recreation Reserve being Part Lot 72 DP 46353 in accordance with Auckland Council Community Occupancy Guidelines 2012 (Attachment C GIS aerial view with the leased area as outlined in red). The lease area sought accords with the lease area in the original agreement.

25. Council staff undertook a site visit on 8 July 2014 at which time a property inspection was undertaken. The Club owned improvements are well managed and maintained.

26. The Club was incorporated under the Incorporated Societies Act 1908 on 21 September 1995. Within the Club’s set of rules pursuant to the Incorporated Societies Act, its general object is stated as follows: To manage and administer a tennis club or other sporting or social activity.

27. The financial accounts provided indicate that the Club’s funds are sufficient to meet its liabilities and are being managed appropriately.

28. The Club has all necessary insurance cover, including public liability insurance in place.

29. Council staff has negotiated and agreed a community outcomes plan with the Club (Attachment E) which, if approved by the Rodney Local Board will be appended as a schedule to the community lease.

30. Council staff from relevant departments has been consulted on the proposal and are supportive.

Consideration

Local Board views and implications

31. At its business meeting of 4 May 2015 the Rodney Local Board resolved (Resolution number RODPC/2015/15) to support the classification of Lot 72 DP 46353 as a recreation reserve (Attachment B).

32. At its business meeting of 29 July 2015, the Parks, Recreation and Sport Committee resolved (Resolution number PAR/2015/49) to approve the classification (Attachment D).

33. The Rodney Board Parks, Culture and Community Development Committee has delegated authority to approve a new community lease to the Club.

Māori impact statement

34. During the month of July 2015, council staff consulted with the 14 Iwi identified as having an interest in the Rodney Local Board geographical area. Details of relevant Iwi along with their respective feedback on the proposal is attached (Attachment F).

Implementation

35. There are no cost implications for Auckland Council associated with the approval of the lease.

Attachments

No.	Title	Page
a View	Attachment A Copy of sheet 58B from Baddeleys Beach Recreation Reserve Management Plan with Lot 72 DP 46353 outlined in red	111
b View	Attachment B Rodney Local Board Parks Culture and Community Development Committee resolution number RODPC/2015/15	113
c View	Attachment C GIS aerial view of Lot 72 DP 46353 on Baddeleys Beach Recreation Reserve with lease area to Baddeleys and Campbells Beach Tennis Club Incorporated outlined in red	115
d View	Attachment D Parks Recreation and Sport Committee Resolution number PAR/2015/49	117
e View	Attachment E Baddeleys and Campbells Beach Tennis Club Incorporated Community Outcomes Plan	119
f View	Attachment F details relevant Iwi along with their respective feedback on the proposal	121

Signatories

Authors

Karen Walby - Advisor Community Lease

Authorisers

Graham Bodman - Manager - Community Development, Arts and Culture

Lesley Jenkins - Relationship Manager

Rodney Local Board Parks, Culture and Community Development Committee

07 September 2015

New community licence to occupy to Muriwai Environmental Action Community Trust at Muriwai Village Green

File No.: CP2015/17047

Purpose

1. This report seeks the approval of the Rodney Local Board Parks, Culture and Community Development Committee to a new community licence to occupy to Muriwai Environmental Action Community Trust on a portion of the Muriwai Village Green being part Section N2 Blk IX Kumeu S D (part of section 6 SO 69320).

Executive Summary

2. The Muriwai Environmental Action Community Trust (the Trust) was established in 2011 by a group of environmental and community conscious residents. The Trust’s aim is to encourage local residents of Muriwai to join in developing and implementing a wide variety of exciting projects to enhance its local environment for future generations to enjoy. Projects include planting, pest animal and weed control, gannet monitoring, “KidsGroup” and environmental education. The Trust’s primary activity in the context of this report is to establish a nursery on the reserve to enable its progressive and sustainable landscaping of the reserve.

3. Currently, the Trust utilises land on the Muriwai park ranger’s property for a plant nursery. The Trust has outgrown the available space and further, the park ranger requires the use of his own space.

4. In 2014, the Trust submitted a formal application to council application for a licence to occupy a portion of the Muriwai Village green being part section N2 Blk IX Kumeu S D (part of Section 6 SO 69320) (Attachment A GIS aerial view showing the indicative area of proposed licence marked on Muriwai Village Green). The proposed licence to occupy will be in accordance with the terms of the Reserves Act 1977, the Muriwai Village Green Management Plan and Auckland Council Community Occupancy Guidelines 2012.

5. The operative reserve management plan for Muriwai Village Green does not contemplate a licence to the Muriwai Environmental Action Community Trust. As such, the proposed licence must be publicly notified in accordance with the Reserves Act 1977 and invite any submissions or objections to such a proposal. Any submissions must be given full consideration by the Rodney Local Board or its nominated representatives before a final decision on the matter is made. As part of this process Iwi consultation must also be undertaken in accordance with section 4 of the Conservation Act 1987.

6. At its meeting of 2 March 2015, the Rodney Local Board Parks, Culture and Community Development Committee resolved to approve the public notification and consultation with Iwi of its intention to grant a community lease to the Club (Attachment B Resolution number RODPC/2015/5).

7. The terms and conditions with respect to statutory requirements have now been satisfied in accordance with resolution number RODPC/2015/5. Subject to the Rodney Local Board Parks, Culture and Community Development Committee approval to a new licence to occupy to the Trust, the Manager of Leasing and Land Advisory Services (Property) has the delegated authority to execute the lease on Council’s behalf.

8. A clause will be included in a new licence to occupy to document that as the reserve is owned by the Crown, only vested in trust in the council and as such, may be identified in future years for treaty settlement.

9. This report seeks the Rodney Local Board Parks, Culture and Community Development Committee approval to a new community licence to occupy to Muriwai Environmental Action Community Trust on a portion of Muriwai Village Green being part Section N2 Blk IX Kumeu SD (part of section 6 SO 69320) (Attachment C GIS aerial view showing the licence area comprising the storage container area outlined in red and plant nursery area outlined in green).

Recommendation/s

That the Rodney Local Board Parks, Culture and Community Development Committee:

a) approves a licence to occupy to the Muriwai Environmental Action Community Trust (Attachment C GIS aerial view showing the licence area comprising: the storage container area outlined in red and plant nursery area outlined in green) on a portion of the Muriwai Village Green being part section N2 Blk IX Kumeu S D (part of section 6 SO 69320) subject to the following:

b) approves the terms of the licence to occupy issued pursuant to section 74 (2)(a) of the Reserves Act 1977 to be:

i) Term - five (5) years commencing 21 September 2015 and one five (5) year option to renew. This option to renew will be at the complete discretion of the Rodney Local Board;

ii) Rent - $1.00 plus GST per annum if requested;

iii) A clause will be included in a new licence to occupy to document that as the reserve is owned by the Crown, only vested in trust in the council and as such, may be identified in future years for treaty settlement;

iv) The approved Muriwai Environmental Action Community Trust Community Outcomes Plan be attached to the lease document.

c) approves the Muriwai Environmental Action Community Trust Community Outcomes Plan as attached to the agenda report (Attachment D).

d) notes all other terms and conditions will be in accordance with the Reserves Act 1977, Auckland Council Community Occupancy Guidelines 2012 and the Muriwai Village Green Management Plan adopted 13 May 2010.

Comments

10. The Muriwai Regional Park is owned by the Crown and vested in trust, in council.

11. The Muriwai Village Green forms part of the Muriwai Regional Park and adjoins the coastal settlement of Muriwai, located approximately 30 kilometres northwest of central Auckland and 17 kilometres west of Kumeu. The reserve is situated within the Auckland Regional Park and is accessed by vehicles off Coast Road or on foot, via Jack Butt Lane.

12. Historically, the former Rodney District Council administered and managed the Muriwai Village Green under a licence agreement with the former Auckland Regional Council. A report to the Regional Development and Operations Committee (RDOC) dated 22 August 2013 sought clarification of the decision making responsibilities for specific parks. RDOC resolved that the decision making on regional parks would rest with the governing body with the explicit exception of the Muriwai Village Green, which would remain with the Rodney Local Board as a local reserve.

13. The Muriwai Environmental Action Community Trust was established in 2011 by a group of environmental and community conscious residents. The Trust’s aim is to encourage local residents of Muriwai to join in developing and implementing a wide variety of exciting projects to enhance its local environment for future generations to enjoy. Projects include planting, pest animal and weed control, gannet monitoring, “KidsGroup” and environmental education. The Trust’s primary activity in the context of this report is to establish a nursery on the reserve to enable its progressive and sustainable landscaping of the reserve.

14. Currently, the Trust utilises land on the Muriwai park ranger’s property for its plant nursery. The Trust has outgrown the available space and further, the park ranger requires the use of his own space.

15. During the early part of 2014, the Trust submitted a comprehensive proposal to council titled the Muriwai ‘Village Green’ Restoration Project which set out the brief, site plan and concept designs for the garden waste community compost facility and native plant nursery.

16. Council staff and the Trust worked collaboratively to fine tune the initial proposal to ensure that the size and nature of the activities would have a low impact on the environment, be sustainable and that recreational users who wish to use the reserve, would not be impeded.

17. The Trust subsequently revised its plans and requested an occupancy arrangement for the purpose of a plant nursery only, comprising; 20.89m² for a single storage container and an adjacent 192.15m2² for the planting area (Attachment C). The revised plan proposes that the nursery area will be an open space protected by a fabric windbreak/shade-cloth type of fence. Composting would be confined to a small bin to which public access is not contemplated.

18. In mid 2014, the Trust submitted a formal application to council for a licence to occupy a portion of the Muriwai Village green being part section N2 Blk IX Kumeu S D (part of Section 6 SO 69320).The proposed licence to occupy to be in accordance with the terms of; the Reserves Act 1977, the Muriwai Village Green Management Plan and Auckland Council Community Occupancy Guidelines 2012.

19. An opinion on the proposal was requested from council’s legal staff in the context of the Reserves Act 1977, in light of the area being classified as Recreation Reserve and the Trusts activities being primarily around environmentally sustainable planting. Legal advised that a licence must be sought for the proposed project pursuant to section 74 (2)(a) of the Reserves Act 1977 set out as follows:

i) The Rodney Local Board has the delegated authority to approve the proposed licence to occupy subject to council staff undertaking public notification under the Reserves Act 1977 and Iwi consultation under the Conservation Act 1987

ii) The term of the proposed licence to occupy, if approved, must not exceed 10 years.

20. The operative reserve management plan for Muriwai Village Green does not contemplate a licence to the Muriwai Environmental Action Community Trust. As such, the proposed licence must be publicly notified in accordance with the Reserves Act 1977 and invite any submissions or objections to such a proposal. Any submissions must be given full consideration by the Rodney Local Board or its nominated representatives before a final decision on the matter is made. As part of this process Iwi consultation must also be undertaken in accordance with section 4 of the Conservation Act 1987.

21. At its meeting of 2 March 2015, the Rodney Local Board Parks, Culture and Community Development Committee resolved (Resolution number RODPC/2015/5) to approve the public notification and consultation with Iwi of its intention to grant a community lease to the Club (Attachment B).

22. The terms and conditions with respect to statutory requirements have now been satisfied in accordance with resolution number RODPC/2015/5. Subject to the Rodney Local Board Parks, Culture and Community Development Committee approval to a new licence to occupy to the Trust, the Manager of Leasing and Land Advisory Services (Property) has the delegated authority to execute the lease on council’s behalf.

23. During the months of March to June 2015, council staff undertook consultation with the 14 Iwi identified as having an interest in the Rodney Local Board geographical area. This process is in accordance with section 4 of the Conservation Act 1987 and the details of relevant Iwi, along with their respective feedback on the proposal is attached (Attachment E).

24. Of note is the feedback received from Te Tari TaiAo, Te Pou Manahere, Environment Manager for Nga Maunga Whakahii o Kaipara Development Trust (Nga Maunga Whakahii) being the legal entity that governs the operations and management of Ngati Whatua o Kaipara:

· The Muriwai Village Green initiative deserves particular mention in terms of the intentions of this activity and its environmental outcomes. Nga Maunga Whakahii o Kaipara Development Trust wishes to acknowledge Muriwai Environmental Action Community Trust efforts to enhance the Muriwai landscape

· Nga Maunga Whakahii o Kaipara Development Trust also understands the license to occupy portion of the Muriwai Green is a test case/pilot; occupancy in temporary buildings and is short term, therefore at the time that Auckland Council will review this initiative Nga Maunga Whakahii o Kaipara Development Trust would be keen to also receive the report on the Muriwai Environmental Action Community Trust outcomes

· Should Auckland Council and Muriwai Environmental Action Community Trust seek a continuance on the Muriwai Green Village, the review will also provide an opportunity for Ngati Whatua to provide feedback on this review.

25. Council staff will ensure to keep Nga Maunga Whakahii and other Iwi updated on the Trust’s activities and outcomes as requested.

26. The proposed licence to the Trust has been publicly notified in accordance with the Reserves Act 1977. An advertisement was placed in the Nor-West News and the Rodney Times on 25 June 2015. Public were given until 5.00pm on 1 August 2015 to lodge a submission or objection to the proposal. No submissions or objections were raised or received regarding the proposal.

27. With respect to licence to occupy arrangements, Auckland Council Community Occupancy Guidelines 2012 recommends one five (5) year term with a further five (5) year right of renewal. For this licence to occupy, council staff from Parks and Community Leasing recommend one five (5) year term with one five (5) year option to renew given that this would be a new facility at an untested location within the reserve. This recommendation accords and aligns with the advice from legal staff and the Auckland Council Community Occupancy Guidelines 2012.

28. With regard to the Trust’s option to renew the licence to occupy, on receipt of the Trust’s application, Council staff will undertake an appropriate examination of the Trust’s activities and impacts on the reserve prior to making a recommendation to the local board on the matter.

29. Council staff has held a number of meetings with the Trust around the proposed licence to occupy and has negotiated and agreed a community outcomes plan with the Trust (Attachment D) which, if approved by the Rodney Local Board will be appended as a schedule to the licence.

30. The Trust was incorporated under the Charitable Trusts Act 1957 on 5 May 2011.

31. The Trust’s environmental principles and activities align with the Muriwai Village Green Management Plan adopted 13 May 2010.

Stated under ‘development proposals’ (planting):

 Prioritise re-vegetation and amenity planting, including successional planting to compensate for the potential future loss of the pines as they mature.

Stated under ‘objectives’, objective 2 reads as follows:

 To manage, protect and enhance the natural values and amenity of the reserve.

Relevant policies aligning with the above are as follows:

(i) Protect indigenous habitats and ecosystems

(ii) Protect and enhance indigenous flora and fauna

32. Council staff from relevant departments has been consulted on the proposal and are supportive.

Consideration

Local Board views and implications

33. At its meeting of 2 March 2015, the Rodney Local Board Parks, Culture and Community Development Committee resolved (Resolution number RODPC/2015/5) to approve the public notification and consultation with Iwi of its intention to grant a community lease to the Club (Attachment B).

34. The Rodney Board Parks, Culture and Community Development Committee has delegated authority to approve a new community licence to occupy to the Trust.

Māori impact statement

35. During the months of March to June 2015, council staff undertook consultation with the 14 Iwi identified as having an interest in the Rodney Local Board geographical area. This process is in accordance with section 4 of the Conservation Act 1987 which details the relevant Iwi, along with their respective feedback on the proposal (Attachment E).

Implementation

36. The recommendations contained in this report do not trigger the Auckland Council Significance Policy.

37. There is no cost to the Rodney Local Board in approving a new community licence to occupy to the Trust.

Attachments

No.	Title	Page
a View	Attachment A showing the indicative area of licence to occupy as identified on Figure 3 of the Muriwai Village Green Management Plan adopted 13 May 2010	129
b View	Attachment B Resolution number RODPC/2015/5	131
c View	Attachment C GIS aerial view showing the area for the licence to occupy comprising: the storage container area outlined in red and plant nursery area outlined in green on a portion of the Muriwai Village Green being Part Section N2 Blk IX Kumeu SD	133
d View	Attachment D Muriwai Environmental Action Community Trust Community Outcomes Plan	135
e View	Attachment E details relevant Iwi along with their respective feedback on the proposal	139

Signatories

Authors

Karen Walby - Advisor Community Lease

Authorisers

Graham Bodman - Manager - Community Development, Arts and Culture

Lesley Jenkins - Relationship Manager

Rodney Local Board Parks, Culture and Community Development Committee

07 September 2015

Kumeu arts needs assessment

File No.: CP2015/16837

Purpose

1. To present the findings of the Kumeu arts needs assessment (Attachment A).

Executive Summary

2. On 20 April 2015 the Rodney Local Board (the local board) endorsed undertaking an arts needs assessment for the Kumeu area.

3. The needs assessment has identified there is potential to:

· support new initiatives to fill programming gaps in arts activities, workshops and events (e.g. more youth focussed programming)

· continue to support initiatives that increase arts access in Kumeu

· leverage off existing events, tourism and business opportunities to promote arts in Kumeu

· enhance the Kumeu Arts Centre facility and surrounds including better signage and improved linkages with the Kumeu Library and Service Centre and adjacent reserve.

4. Actions are identified in section 6 of the needs assessment. These can be prioritised and funded as local board resources allow.

Recommendation/s

That the Rodney Local Board Parks, Culture and Community Development Committee:

a) receive the report and findings of the Kumeu arts needs assessment dated 13/8/2015.

Background

5. On 20 April 2015 the Rodney Local Board endorsed undertaking an arts needs assessment for the Kumeu area.

6. The purpose of the needs assessment was to identify the needs of communities in the Kumeu/Huapai area for arts in the short to medium term, and provide the local board with potential responses to address them. The needs assessment report has been designed as a strategic planning tool for the local board, to support the provision of arts and culture in the area.

7. The primary driver for carrying out the needs assessment was community concerns regarding the ability of existing arts infrastructure, particularly the Kumeu Arts Centre, to support the delivery of arts programming and services. Investigating the capability of the facility to meet current and future need would provide the local board with a clear direction on how to best support the centre.

8. Other drivers include:

· Kumeu’s somewhat isolated, rural location

· the anticipated significant population growth

· arts related outcomes and initiatives identified in the Rodney Local Board Plan 2014.

9. Research and development of the Kumeu arts needs assessment occurred between April and July 2015.

Discussion

10. The research methodology for the Kumeu arts needs assessment included:

· desktop research, to develop a profile of Kumeu and its community

· resident engagement, to understand barriers and enablers to participation and perceived needs

· cross council workshop and discussion, to analyse the research findings and develop recommendations

· workshop with the Rodney Local Board Park, Culture and Community Development Committee to discuss recommendations and roles for implementation.

11. The needs assessment details the research methodology and findings.

12. Research limitations that resulted from the small size of the study area, the specific focus on arts, and the resources available were mitigated where possible. Local board level data was cross referenced with demographic data for Kumeu when necessary, and information gathered from the small number of key stakeholder interviews was supplemented with focus groups and an online survey.

13. Themes identified in the needs assessment, along with opportunities, issues and recommendations relating to them, are outlined in the table below.

Theme	Opportunities and issues	High-level recommendation
Arts participation	- A significant proportion of residents are not participating in arts due to time, location or nature of programming. - Teens and children have lower levels of participation. - Residents are leaving Kumeu for work and school effecting participation. - Arts services and programmes that are not provided at a local level are difficult for many Kumeu residents to access due to distance and transportation barriers. - There is a perceived gap in the provision of performing arts, particularly theatre in the area.	- Implement initiatives to fill programming gaps in arts activities, workshops and events, such as: § more evening or weekend classes § performing arts § classes targeted for teens and children. - Maintain and support initiatives that increase access to arts within the Kumeu and wider Auckland.
Celebration and promotion	- Artists and arts in Kumeu is perceived to provide positive outcomes in the community. - The combined potential of the Rodney arts community is not being fully realised. - There are opportunities for the arts to better leverage off the existing tourist market of Kumeu and link with other local organisations, businesses and networks	- Leverage off existing events, tourism and business opportunities to promote arts and artists in Kumeu.
Place making	- The Kumeu Arts Centre is well located, with its proximity to the Library and Service Centre, but connections between the facilities are not maximised. - The Arts Centre is not visible from the main road. - There is currently no public art. Investing in this, including temporary installations, could create opportunities for people in Kumeu to engage in art as they go about their daily lives.	- Create better connections between the Kumeu Arts Centre building, the Kumeu Library and Service Centre, and the adjacent reserve to develop a creative hub (including opportunities for public art in the reserve). - Improve signage for the Kumeu Arts Centre to support and promote its role as a facility for the community.
Infrastructure	- Current works have addressed some infrastructure issues for the Arts Centre, such as replacing and lining the roof, and modification to the downstairs layout to improve storage and delineation between the gallery and workshop area. - The size of the Arts Centre building is limiting provision levels for exhibitions. - Future projected growth, in conjunction with attendance and membership growth trends of the Arts Centre, suggests that the current size of the Arts Centre will not meet future demand. - Implementation of potential responses in the needs assessment report is likely to result in increased visitor numbers which will put pressure on the infrastructure. - There are accessibility issues and potential hazards with the current infrastructure and its surrounds.	- Invest in enhancing the Kumeu Arts Centre and surrounds.

Consideration

Local Board views and implications

14. “Arts, culture and events enhance our communities and express who we are” is identified as an outcome in the Rodney Local Board Plan 2014. This is supported by two key initiatives:

· work with the Kumeu arts community to expand the Kumeu Arts Centre facility

· provide ongoing operational support for Rodney arts facilities.

15. Implementation of the recommendations in the Kumeu arts needs assessment report will assist the local board to achieve initiatives identified in their local board plan.

16. On 10 August 2015, staff discussed the high-level findings of the needs assessment along with the potential response options with the Rodney Local Board Parks, Culture and Community Development Committee. During this workshop high-level cost implications and next steps were discussed.

Māori impact statement

17. Local iwi participated in the resident engagement component of the needs assessment and their feedback and recommended solutions have been considered in the development of the needs assessment report.

18. The 2013 census showed that 321 people (6.8% of the study area) are Māori. This equates to 6.8% of the population of the area. The potential responses identified in the needs assessment may have a positive impact on Māori, as part of the wider Kumeu community.

Implementation

19. Section six of the needs assessment report outlines an action plan that contains:

· a description of actions

· the role of the local board in their implementation

· high level cost descriptions

· key next steps.

20. Some actions will require opex or capex funding which the local board can choose to allocate from existing or future budgets, as and when resources allow.

21. Some staff resource from Community Development, Arts and Culture has been allocated to assist the local board to prioritise and phase actions.

Attachments

No.	Title	Page
a View	Kumeu Arts Needs Assessment	145

Signatories

Authors

Antonia Butler - Principal Policy Analyst

Authorisers

Kataraina Maki – General Manager - Community & Social Policy

Lesley Jenkins - Relationship Manager

Rodney Local Board Parks, Culture and Community Development Committee

07 September 2015

Special Exemption (Section 6) Fencing of Swimming Pools Act 1987

File No.: CP2015/17951

Purpose

1. This report seeks a decision on the following application/s for special exemption from some of the requirements of the Fencing of Swimming Pools Act 1987 (the Act).

Executive Summary

2. Applications for an exemption for swimming or spa pools has/have been received from the owners of:

· 106 Oyster Point Road, Warkworth

· 87 Motu Road, Huapai

· 305 Ararimu Valley Road, Waimauku

· 660 Waitakere Road, Kumeu

· 9 Ngarewa Drive, Opahi Bay

· 36 Blackbridge Road, Dairy Flat

· 39 Postman Road, Dairy Flat

· 54 Pinetone Road, Kumeu

· 407 Horseshoe Bush Road, Pine Valley

· 737 Leigh Road, Whangateau

3. The applications do not comply with the Act. Pool inspectors have inspected the properties and consulted with the applicants. Full assessment reports are attached to this report.

4. The local board must now resolve to grant, grant subject to conditions or decline the exemptions sought.

Recommendation/s

That the Rodney Local Board Parks, Culture and Community Development Committee determine each application, by way of resolution, to:

a) grant the application for special exemption as sought, or

b) grant the application subject to conditions, or

c) decline the application for special exemption sought.

Comments

Background

5. Auckland Council pool inspectors have inspected each property for which an application for special exemption from the Act has been received. In each case, the swimming pool fencing does not comply with the Act. The details of the non-compliance are specified in the attachments to this report.

6. The council’s pool inspectors have consulted with the applicants in each case. The applicants have been made aware of the council’s requirements to ensure fencing is compliant with the Act and they have chosen to seek a special exemption from those requirements.

Legislative implications

7. Compliance with the Act is a mandatory requirement for all pool owners unless exemptions are granted by the local board.

8. The Act requires pool owners to fence their pool, or all or some of the immediate pool area including the pool itself. Specific detail on this is contained in the schedule to the Act. If a pool does not have a complying fence it is an offence under the Act, unless exempt.

9. An exemption can only be granted by the local board after a consideration of the particular characteristics of the property and the pool, other relevant circumstances and taking into account any conditions it may impose. Then, only if “satisfied that an exemption would not significantly increase the danger to young children”, can an exemption be granted.

10. The definition of the immediate pool area, which is “the land in or on which the pool is situated and as much of the surrounding area that is used for activities or purposes related to the use of the pool”, is a key consideration for granting an exemption.

11. Where a building forms part of the pool fence and there are doors opening into the pool area, the local board may grant an exemption from compliance with clauses 8 and 10 of the schedule to the Act. It may exempt if it is satisfied that compliance with the Act is impossible, unreasonable or in breach of any other Act, regulation or bylaw and the door is fitted with a locking device that when properly operated prevents the door from being readily opened by children under the age of six years.

12. When granting a special exemption the local board may impose reasonable conditions relating to the property or the pool or reflecting other relevant circumstances. These may include:

a) Making the exemption personal to the applicant so that on a sale of the property a new owner will need to apply for a new exemption

b) Granting the exemption for a fixed term irrespective of changes of ownership

13. Any exemption granted or condition imposed may be amended or revoked by the local board by resolution. The rules of natural justice would however dictate that this action should not be taken without informing the pool owner and giving them the opportunity to be heard.

Consideration

Local board views and implications

14. Local boards have delegated authority to approve exemptions to the Fencing of Swimming Pools Act.

Before making an exemption, the local board must consider:

· the particular characteristics of the property and the pool

· any other relevant circumstances

· conditions it may be necessary to impose.

15. The local board must also be satisfied that the exemption would not significantly increase the danger to young children.

16. The local board may resolve to grant, grant subject to conditions, or decline the application for special exemption.

17. If the application is declined the applicant will be required to fence the pool in accordance with the Act.

Maori impact statement

18. There are no particular impacts on Maori that are different from those of other pool owners.

Implementation

19. The decision must be made by resolution.

Attachments

No.	Title	Page
a View	106 Oyster Point Road Warkworth (Under Separate Cover) - Confidential
b View	87 Motu Road Huapai (Under Separate Cover) - Confidential
c	305 Ararimu Valley Road, Waimauku (Under Separate Cover) - Confidential
d	660 Waitakere Road, Kumeu (Under Separate Cover) - Confidential
e	9 Ngarewa Drive, Opahi Bay (Under Separate Cover) - Confidential
f	36 Blackbridge Road, Dairy Flat (Under Separate Cover) - Confidential
g	39 Postman Road, Dairy Flat (Under Separate Cover) - Confidential
h	54 Pinetone Road, Kumeu (Under Separate Cover) - Confidential
i	407 Horseshoe Bush Road, Pine Valley (Under Separate Cover) - Confidential
j	737 Leigh Road, Whangateau (Under Separate Cover) - Confidential

Signatories

Authors

Stuart Airs - Senior Swimming Pool Specialist

Authorisers

Barry Smedts - Manager Compliance

Lesley Jenkins - Relationship Manager

Chairperson	Beth Houlbrooke
Deputy Chairperson	Greg Sayers
Members	James Colville
	Warren Flaunty, QSM
	Steven Garner
	Thomas Grace
	John McLean
	Phelan Pirrie
	Brenda Steele

Authors	Raewyn Morrison - Local Board Democracy Advisor
Authorisers	Lesley Jenkins - Relationship Manager