I hereby give notice that an ordinary meeting of the Rodney Local Board Parks, Culture and Community Development Committee will be held on:
Date: Time: Meeting Room: Venue:
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Monday, 2 November 2015 3.30pm Council
Chamber |
Rodney Local Board Parks, Culture and Community Development Committee
OPEN AGENDA
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MEMBERSHIP
Chairperson |
Beth Houlbrooke |
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Deputy Chairperson |
Greg Sayers |
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Members |
James Colville |
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Warren Flaunty, QSM |
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Steven Garner |
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Thomas Grace |
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John McLean |
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Phelan Pirrie |
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Brenda Steele |
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(Quorum 5 members)
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Raewyn Morrison Local Board Democracy Advisor
28 October 2015
Contact Telephone: (09) 427 3399 Email: raewyn.morrison@aucklandcouncil.govt.nz Website: www.aucklandcouncil.govt.nz
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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 Member Member Member 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 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 Member Member Member Member Member Member Director Member |
Beth Houlbrooke |
Greater Auckland Chorus (Charitable Trust) Sweet Adelines New Zealand (Charitable Trust) ACT NZ Baddeleys and Campbells Beach Residents and Ratepayers Assn. |
Member 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 Supporter 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 Member Officer in Charge Director/Shareholder |
Greg Sayers |
Rotary Club of Auckland Neighbourhood Support Rodney |
Member Member |
Brenda Steele (Chairperson) |
Te Uri o Hau Ngati Whatua o Kaipara Woodhill School Board of Trustees
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Beneficiary Beneficiary Trustee
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Rodney Local Board Parks, Culture and Community Development Committee 02 November 2015 |
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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
9 Public Forum 5
10 Extraordinary Business 5
11 Notices of Motion 6
12 Te Muri variation to the Regional Parks Management Plan 7
13 Community leases located on Omaha Reserve and the limitations of the current land status under the Reserves Act 1977 11
14 New community lease to Rodney Rams Rugby League and Sports Club Incorporated at Whangateau Reserve 21
15 New community lease to Leigh Tennis Club Incorporated at Leigh Reserve 45
16 New community licences to occupy to Mahurangi Community Sport and Recreation Collective Incorporated at Warkworth Showgrounds Reserve 53
17 Renewal and variation of lease and deed of additional premises to Mahurangi West Hall and Reserve Incorporated 65
18 Renewal of lease and deed of additional premises to Mangakura Boating Club Incorporated at Mangakura Reserve 71
19 Special Exemption (Section 6) Fencing of Swimming Pools Act 1987 79
20 Rodney Local Grants, Round One, 2015/2016 83
21 Deputation/Public Forum Update 99
22 Rodney Local Board Parks, Culture and Community Development Committee Workshop Records 103
23 Consideration of Extraordinary Items
PUBLIC EXCLUDED
24 Procedural Motion to Exclude the Public 113
19 Special Exemption (Section 6) Fencing of Swimming Pools Act 1987
a. 20 Henley Road, Kaukapakapa 113
b. 25 Rosella Grove, Waimauku 113
c. 335 Whitehills Road, Wainui 113
d. 220 Trigg Road, Kumeu 113
e. 641A Pukapuka Road, Warkworth 113
f. 729 Kaipara Coast Highway 113
g. 33 Elliot Street, Riverhead 113
h. 224 Richards Road, Dairy Flat 113
1 Welcome
2 Apologies
An apology from Member WW Flaunty has been received.
3 Declaration of Interest
Members are reminded of the need to be vigilant to stand aside from decision making when a conflict arises between their role as a member and any private or other external interest they might have.
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, 7 September 2015, as a true and correct record.
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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.
At the close of the agenda no requests for deputations had been received.
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 02 November 2015 |
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Te Muri variation to the Regional Parks Management Plan
File No.: CP2015/19884
Purpose
1. To provide the Rodney Local Board with a summary of public feedback and the themes raised in response to council’s intention to undertake a variation to the Regional Parks Management Plan 2010 to include Te Muri Regional Park. To confirm the local board’s views prior to the development of the draft variation for consideration by the Parks, Recreation and Sport Committee.
Executive Summary
2. Council recently publically notified the intention to vary the Regional Parks Management Plan to include Te Muri Regional Park. Initial public feedback to the proposal was received from a number of key stakeholders including recreation groups, neighbours, previous owners and individual members of the public.
3. Key themes from the initial consultation include vehicle access into the park, development of recreational activities such as horse riding walking, cycling, camping, retention of the remote feeling of the park and access over the Te Muri stream and Puhoi River.
4. Hui have been held with iwi and Cultural Impact Assessments are being prepared by Ngati Manuhiri and Ngati Whatua o Kaipara for consideration when developing the draft variation and to assist future management and planning at Te Muri, Wenderholm and Mahurangi Regional Parks.
5. At a Rodney Local Board workshop in September, members discussed the main themes of feedback received through the initial consultation process and their views for consideration in the development of the draft variation to the Regional Parks Management Plan to include Te Muri Regional Park. The board confirmed their Parks, Culture and Community Development Committee should consider and formalise the feedback.
That the Rodney Local Board Parks, Culture and Community Development Committee: a) confirm the views indicated at the local board’s workshop to be considered in the preparation of the draft variation to the Regional Parks Management Plan to include Te Muri Regional Park, which is to be endorsed by the Parks, Recreation and Sport Committee: i) Greater consultation with the community is required on the coastal trail proposal, particularly the bridge across the Puhoi River and the associated visual impact, health and safety issues and the significant cost required to develop and maintain the structure. ii) Support pedestrian and operational access being provided across the Te Muri Stream. iii) Acknowledge and retain the remote visitor experience. iv) Provision of practicable vehicle access to the park for families, the elderly or the infirm. v) Support developing the park for use by walkers, cyclists and horse-riders. vi) Support houses on the park being added to the council’s bach escapes.
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Comments
6. Te Muri Regional Park comprising 382.46ha was purchased by council in 2010, refer to Attachment A.
7. A variation to the Regional Parks Management Plan is being undertaken prior to Te Muri Regional Park being formally opened to the public. The local board was advised on this at the board’s workshop on 8 June 2015.
8. The intention to undertake this variation was publicly notified in mid July 2015. This included information on the Shape Auckland website, public notices in the NZ Herald, the Rodney and North Shore Times and Mahurangi Matters. Key stakeholders and local residents within a 1km to 1.5km radius of the park were notified. The closing date for this phase of the consultation was 19 August 2015.
9. Comments were received from 139 people via email, of which 88 of these were on a pro-forma submission that was initiated by the Mahurangi Action Group.
10. Submissions on behalf of groups were received from:
· NZ Horse Network
· Horse Connections NZ
· Auckland Tramping Club
· Puhoi Canoes
· NZ Walking Access Commission
· Mahurangi Action Inc
· West Auckland District Tramping Club
· Friends of Regional Parks
· New Zealand Motor Caravan Association
11. Three members of the Schischka family provided comments on the future of the park.
12. In addition a petition on Change.Org was organised by Horse Connections NZ and had 1,046 signatories supporting the provision of horse riding on the park.
13. The main themes evident in the initial feedback have been:
· Retention of the remote visitor experience
· Provision for horse-riding and mountain biking
· Development of a coastal trail connecting Wenderholm and Mahurangi West Regional Parks
· Utilising the park for the Te Araroa trail as an alternative for the Puhoi River
· Vehicle access into the park
· Retention and expansion of camping opportunities
Consideration
Local Board views and implications
14. At the Rodney Local Board workshop on the 21st September 2015 the Board discussed the main themes from the feedback received from the initial round of public consultation and provided staff with their views.
15. At the workshop local board members requested staff prepare and present a report to the Rodney Local Board’s Parks, Culture and Community Development Committee meeting on 2 November 2015 to enable their views to be formally recorded. The following summarises the points made at the workshop.
· Greater consultation with the community is required on the coastal trail proposal, particularly the bridge across the Puhoi River and the associated visual impact, health and safety issues and the significant cost required to develop and maintain the structure.
· Support pedestrian and operational access being provided across the Te Muri Stream.
· Acknowledge the call to retain the remote feeling of the park.
· Concern regarding the opposition to providing vehicle access into the park and the potential restriction of use to select members of the community and difficulty for families with young children, the elderly or infirmed to make use of most of the park. The park needs to provide access for the majority.
· Support developing the park for use by walkers, cyclists and horse-riders.
· Support houses on the park being added to the council’s bach escapes.
Māori impact statement
16. Te Muri Regional Park is a place of significance for Iwi and contains a number of important historic sites including pa, urupa and other archaeological sites.
17. Iwi consultation was initiated in June and hui have been held with Ngati Manuhiri, Ngati Whatua o Kaipara and Ngati Maru.
18. Ngati Manuhiri and Ngati Whatua o Kaipara are both preparing cultural impact assessments that cover Te Muri, Wenderholm and Mahurangi West Regional Parks. These assessments are scheduled to be complete by mid-October and will be utilised to inform the draft variation.
Implementation
19. The draft plan will be developed over the next month with a concept plan. This may also include consequential minor amendments to the Mahurangi West and Wenderholm sections of the Regional Parks Management Plan 2010.
20. The draft variation will be reported to the Parks, Recreation and Sport Committee on 18 November for approval and a second period of public consultation is scheduled to take place from early December to early February. This will include further hui and a public open day. It is anticipated that any hearings and deliberations will be held in February/March 2016 and that the final plan will be adopted by the Parks, Recreation and Sport Committee by May 2016.
There are no attachments for this report.
Signatories
Authors |
Annette Campion - Project coordinator Dafydd Pettigrew - Parks and Open Space Specialist - Region Wide |
Authorisers |
Mace Ward - Group Manager Regional and Specialist Parks Mark Bowater – Acting General Manager Parks, Sport and Recreation Lesley Jenkins - Relationship Manager |
Rodney Local Board Parks, Culture and Community Development Committee 02 November 2015 |
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Community leases located on Omaha Reserve and the limitations of the current land status under the Reserves Act 1977
File No.: CP2015/22060
Purpose
1. This report seeks the approval of the Rodney Local Board Parks, Culture and Community Development Committee to progress with a preferred option for the revocation or the classification of the land at Omaha Reserve in line with the processes prescribed by the Reserves Act 1977 and the Local Government Act 2002.
Executive Summary
2. Omaha Reserve located at the corner of Omaha Drive and North West Anchorage currently accommodates 4 community ground leases comprising 3 recreational activities (bowling, golf and tennis clubs) and 1 local purpose activity (community centre).
3. Due to legacy actions Parcels A, B and C in the image provided (Attachment A) were set apart as an unclassified local purpose reserve under the Reserves Act 1977, requiring that only activities of a local purpose nature are permitted on the reserve.
4. The risks associated with permitting non-compliant activities under the Reserves Act affect the community groups operating them as well as the local board and council and include: potential breaches of health and safety legislation and costs resulting from challenges raised as to the legalities of the actions undertaken by the council, the local board and tenants.
5. This report seeks Rodney Local Board Parks, Culture and Community Development Committee support to progress with a preferred option for the revocation or the classification of the land at Omaha Reserve in line with the processes prescribed by the Reserves Act 1977 and the Local Government Act 2002.
6. It is officers’ recommendation that revocation is the preferred option, as the land would remain held by Auckland Council under the Local Government Act 2002. Following public notification and iwi consultation, the local board could then grant new leases, effectively providing the flexibility to accommodate all activities as required by local communities and streamlining future leasing arrangements.
That the Rodney Local Board Parks, Culture and Community Development Committee: a) support the revocation of the Reserves Act over the affected portions of Omaha Reserve, being Lot 2 DP 135447, Lot 680 DP 142129 and Lot 1 DP166169 (Parcels A, B and C respectively); b) support the surveying and classifying of Omaha Reserve being those premises of Lot 2 DP 135447, Lot 680 DP 142129 and Lot 1 DP 166169 (Parcels A, B, and C respectively) currently leased to community lessees.
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Comments
7. Omaha Reserve located at the corner of Omaha Drive and North West Anchorage currently accommodates 4 community ground leases comprising 3 recreational activities (bowling, golf and tennis clubs) and 1 local purpose activity (community centre).
8. Due to legacy actions Parcels A, B and C in the image provided (Attachment A) were set apart as an unclassified local purpose reserve under the Reserves Act 1977, requiring that only activities of a local purpose nature are permitted on the reserve.
9. The local purpose activities carried out within the community centre (excluding the activities of the commercial café and golf pro-shop) are therefore permitted under the current local purpose reserve status of Parcel B.
10. The recreational activities of the tennis and bowling clubs occupying Parcels A, B and C, however, are not permitted on a local purpose reserve and any leases granted to accommodate these activities do not comply with the Reserves Act.
11. The remaining recreational lease to the golf club is permitted on Parcel D because the land is not subject to the Reserves Act and is held by the council under the Local Government Act.
12. The risks associated with permitting non-compliant activities under the Reserves Act affect the community groups operating them as well as the local board and council and include: potential breaches of health and safety legislation and costs resulting from challenges raised as to the legalities of the actions undertaken by the council, the local board and lessees.
13. Revocation of the Reserves Act over the affected portions of Omaha Reserve as described in Attachment A would address the entire area at once, affecting all leases (excepting the already compliant golf club’s lease on Parcel D) and mitigate the overall cost required by the alternative option to classify and any future requirements to re-classify. A minimum overall time estimate to complete the revocation process is one year at a minimum cost of $2,800 which would be met by the Property Community Lease team as a one-off gesture of support due to the urgent leasing circumstances surrounding this particular reserve.
14. Revocation would also promote a transparent and consistent process to enable compliance with the law. The land would remain as held by Auckland Council and following public notification and iwi consultation, the current groups would be granted new leases under the Local Government Act 2002, effectively providing the flexibility to accommodate all activities as required by local communities and streamlining future leasing arrangements.
15. The alternative to revocation is to survey and classify the Reserve appropriately as described in the summary of individual leases statuses Classification would accrue additional costs through surveying and addressing the activities in a piecemeal fashion, at an estimated $7,000 to be met by the local board and a minimum 6 months to complete (Attachment B).
16. If the council decided to retain the reserve status and proceed with the necessary reserve classification action, there would be no requirement to seek the prior consent of DOC because the council can complete all reserve classifications under its own powers. There would also be no need for either public notification or gazettal action. The process would, however, involve survey costs as roughly outlined in the attached table (Attachment C) and limit the activities permitted on the Reserve for future users.
17. Once the board resolves to support a chosen action, council staff can then initiate the process of either revocation or classification of the land, as outlined briefly in Attachment C.
18. Subject to the finalisation of the process above, Rodney Local Board would then be able to progress the granting of new leases at Omaha Reserve to existing lessees currently rolling over monthly on expired leases.
Consideration
Local Board views and implications
19. Council staff tabled the impediments to progressing community leases at Omaha Reserve posed by the Reserves Act status of the land at the Rodney Local Board Workshop on 12 October 2015.
20. This report was written with input from the Legal, Local and Sports Parks, Property and CDAC departments of Auckland Council and in consideration of the current community tenants occupying and utilising Omaha Reserve.
Māori impact statement
21. Both revocation and classification of the current Reserves Act status of the land at Omaha Reserve would require Iwi consultation as outlined in Attachment C.
Implementation
22. The local board’s recommendation to be reported to the Parks, Recreation and Sport Committee at its 18 November 2015 meeting for approval.
23. Subject to approval, officers will action the recommendation as outlined in the relevant table in Attachment C.
No. |
Title |
Page |
aView |
Aerial Image of Omaha Reserve |
15 |
bView |
Summary of Individual Community Leases at Omaha Reserve |
17 |
cView |
Minimum Process Timeframes and Costs |
19 |
Signatories
Authors |
Toto Vu-Duc - Manager Community Leases |
Authorisers |
Kim O’Neill - Manager Leasing and Land Advisory Services Lesley Jenkins - Relationship Manager |
Rodney Local Board Parks, Culture and Community Development Committee 02 November 2015 |
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New community lease to Rodney Rams Rugby League and Sports Club Incorporated at Whangateau Reserve
File No.: CP2015/21278
Purpose
1. This report seeks the Rodney Local Board Parks Culture and Community Development Committee approval to a new community ground lease to Rodney Rams Rugby League and Sports Club Incorporated at Whangateau Reserve.
Executive Summary
2. The Rodney Rams Rugby League and Sports Club Incorporated (the Club) has a community ground lease issued by the former Rodney District Council for part of Whangateau Domain Recreation Reserve. The term of the community lease is 19 years commencing 1 January 1997 with a final expiry date 31 December 2015.
3. The Club has formally applied to enter into a new community lease at Whangateau Domain Recreation Reserve. The term of the proposed community lease in accordance with the Auckland Council Community Occupancy Guidelines 2012 will be 10 years plus one right of renewal for 10 years.
4. As specified in the Auckland Council Community Occupancy Guidelines 2012, groups that own their own buildings have an automatic right to apply for a new lease at the end of their occupancy term. There is no requirement to undertake an expression of interest process.
5. This report seeks the Rodney Local Board Parks Culture and Community Development Committee approval to a new community lease to Rodney Rams Rugby League and Sports Club Incorporated at Whangateau Reserve.
That the Rodney Local Board Parks, Culture and Community Development Committee: a) approves a new community lease to Rodney Rams Rugby League and Sports Club Incorporated on part of Whangateau Domain Recreation Reserve being part of Allot 156A Parish of Omaha (Attachment A) subject to the following terms and conditions: i) Commencing 1 January 2016 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 Rodney Rams Rugby League and Sports Club Incorporated Community Outcomes Plan be attached to the lease document b) approves the Rodney Rams Rugby League and Sports Club Incorporated Community Outcomes Plan as attached to the agenda report (Attachment B) c) notes that all other terms and conditions will be in accordance with the Whangateau Recreation Reserve Management Plan adopted 17 October 2002 and the Auckland Council Community Occupancy Guidelines 2012 d) approves retrospective landowner consent for the construction of the new permanent clubrooms in accordance with plans attached to the agenda report (Attachment C).
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Comments
6. Whangateau Domain Recreation Reserve is located at Whangateau on the Leigh Road between Matakana and Mathesons Bay.
7. The bulk of the reserve is held by the Department of Conservation on behalf of the Crown and vested in Auckland Council, in trust, for recreation purposes. The reserve is classified as recreation and subject to the provisions of the Reserves Act 1977. A treaty clause will be included in a new lease to remind all parties of the underlying Crown ownership.
8. The operative reserve management plan for Whangateau Domain Recreation Reserve adopted 17 October 2002 contemplates a lease to the Club. The following is stated in the management plan under objective 5, policies and actions:
· Continue the current lease arrangements with the Rodney Rams Rugby League and Sports Club and encourage and allow the use of the clubrooms by other groups.
9. The Club formed in 1992 and purchased its clubrooms (including goal posts and lights) from Mahurangi Rugby for approximately $50,000.
10. Rodney Rams Rugby League and Sports Club was incorporated under the Incorporated Societies Act 1908 on 11 December 1992. Within the Club’s rules and regulations, its objects include the following:
· To promote, foster and control the game of Rugby League Football under the jurisdiction and rules of the Auckland Rugby League (Incorporated) to which the Club shall be affiliated
· To promote, control, arrange and participate in Rugby League Football matches and football competitions and such other sports games and pastimes as may be approved from time to time and to encourage healthy and rational recreation and social intercourse for its members.
11. In 1997, the former Rodney District Council and Rodney Rams Rugby League and Sports Club Incorporated entered into a ground lease for an area on Whangateau Domain. The term of the community lease is 19 years commencing 1 January 1997 with a final expiry date 31 December 2015.
12. The Club has 235 members and while its main sports code is rugby league, the Club is diverse and includes; netball, touch, waka ama, pool and darts. During the cricket season, Pakiri Cricket Club use the pitch on the field adjacent to the clubrooms and post-match enjoy the benefits of Rodney Rams Club membership. Another regular event held at the clubrooms is a local fishing competition which is always well attended.
13. Historically, the Club has been proud to utilise its clubrooms as a community facility where locals of all ages can meet, play sport and socialise.
14. In May 2014 the Club’s building was burnt to the ground. Immediately after the fire, the Club and the local community rallied and the Club applied for council’s consent as landlord to build a temporary clubroom facility within its existing leased area.
15. On 20 October 2014, the Rodney Local Board Parks Portfolio Holders approved Landowner Consent to enable the Club to construct the temporary clubroom accommodation. The Club’s intention for the temporary clubrooms is to provide basic facilities (for a period of 18 months) until sufficient funds can be raised to enable the Club to construct a permanent replacement building.
16. Building works are underway for both; the Club’s temporary kitchen and the new clubrooms, for which consent has been issued and the concrete pad poured.
17. Whilst council has approved Landlord Consent for the construction of the new permanent clubrooms, council staff request retrospective local board approval for Landowner Consent. The new permanent clubrooms proposal is detailed in the attached plans (Attachment C).
18. Three local groups have provided letters of support for the Club as follows:
· Ngati Manuhiri Settlement Trust
· Whangateau Hall and Reserve Advisory Committee
· Leigh Road Cottage Residential Care Centre
19. The Club has provided financial accounts which indicate that its funds are sufficient to meet its liabilities and are being managed appropriately. The Club has all necessary insurance cover, including public liability insurance, in place.
20. Council staff has negotiated and agreed a community outcomes plan with the Club (Attachment B) which, if approved by the Rodney Local Board Parks Culture and Community Development Committee will be appended as a schedule to the community lease.
21. Council staff from relevant departments has been consulted and is supportive of the proposal.
Consideration
Local Board views and implications
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 Club is listed on the community lease work plan 2015/2016.
Māori impact statement
23. There are no significant changes or impacts for Maori associated with the recommendations in this report. A treaty clause will be included in the proposed new lease to remind all parties of the underlying Crown ownership.
Implementation
24. The recommendations contained in this report do not trigger the Auckland Council Significance Policy.
No. |
Title |
Page |
aView |
Lease area to Rodney Rams Rugby League and Sports Club Incorporated on part Allotment 156A Parish of Omaha as outlined and cross hatched in red |
25 |
bView |
Rodney Rams Rugby League and Sports Club Incorporated Community Outcomes Plan |
27 |
cView |
Construction Plans for Rodney Rams Rugby League and Sports Club Incorporated new permanent clubrooms |
29 |
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 02 November 2015 |
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New community lease to Leigh Tennis Club Incorporated at Leigh Reserve
File No.: CP2015/21296
Purpose
1. This report seeks the approval of the Rodney Local Board Parks, Culture and Community Development Committee to a new community lease to the Leigh Tennis Club Incorporated at Leigh Reserve.
Executive Summary
2. The Leigh Tennis Club (the Club) has a community lease issued by Minister of Lands and the Leigh Domain Board for part of Leigh Domain Recreation Reserve. The term of the community lease is 16 years commencing 1 June 1980 and provides for a renewal for a term of 16 years effecting a final expiry date 31 May 2012.
3. The Club has formally applied to enter into a new community lease at Leigh Domain Recreation Reserve. The term of the proposed community lease in accordance with the Auckland Council Community Occupancy Guidelines 2012 will be 10 years plus one right of renewal for 10 years.
4. This report seeks the Rodney Local Board Parks, Culture and Community Development Committee approval to a new community lease to the Club at Leigh Reserve, Leigh.
That the Rodney Local Board Parks, Culture and Community Development Committee: a) approves a new community lease to Leigh Tennis Club Incorporated on part of Leigh Domain Recreation Reserve being part of Lot 43 DP 36465 (Attachment A to the agenda report) subject to the following terms and conditions: i) Commencing 16 November 2015 for one term of 10 years and one right of renewal for 10 years; ii) Rent $1.00 plus GST per annum if requested iii) The approved Leigh Tennis Club Incorporated Community Outcomes Plan be attached to the lease document. b) approves the Leigh Tennis Club Incorporated Community Outcomes Plan as attached to the agenda report (Attachment B to the agenda report). c) notes that all other terms and conditions will be in accordance with the Leigh Reserve Management Plan adopted 3 August 2000 and the Auckland Council Community Occupancy Guidelines 2012.
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Comments
5. Leigh Domain Recreation Reserve is located at Albert Street, Leigh. The major portion of the reserve is held by the Crown through the Department of Conservation as a classified recreation reserve subject to the provisions of the Reserves Act 1977 and vested in council, in trust for recreation purposes.
6. The portion of the reserve occupied by the Club is described as Lot 43 DP 36465, comprises 2512m² and is held in fee simple by council as a classified recreation reserve and subject to the Reserves Act 1977.
7. The operative reserve management plan for Leigh Recreation Reserve adopted 3 August 2000 contemplates a lease to the Club. The following is stated in the management plan under objective 5, policies and actions:
· To facilitate the renewal of the Tennis Club lease.
8. The Club has a community lease issued by Minister of Lands and the Leigh Domain Board who at that time, held the authority, having charge of the Leigh Domain Recreation Reserve. In 1983 the Minister of Lands revoked the appointment of the Leigh Reserve Board and the reserve was subsequently vested in the Rodney County Council, in trust for recreational purposes.
9. The term of the community lease is 16 years commencing 1 June 1980 and provides for a renewal of a term of 16 years effecting a final expiry date 31 May 2012. Whilst the Club omitted to exercise its right of renewal and has been in recess for some years, the lease has been effectively rolling over on a month to month basis since 31 May 2012. The Club’s courts and pavilion are currently in need of a significant upgrade.
10. Earlier this year, the Club rallied and formed a new committee which includes key members from the local Leigh and Districts Ex-Services and Community Club Incorporated. This new committee is committed to revitalising the Leigh Tennis Club to ensure it is in the best position possible to take on a new community lease. It has recently secured its incorporated society status and taken out public liability insurance. These measures undertaken by the Club’s new committee are critical to ensure it meets council’s criteria for a community lease in accordance with the Community Occupancy Guidelines 2012.
11. The Leigh Tennis Club was incorporated under the Incorporated Societies Act 1908 on 25 August 2015. Within the Club’s rules and regulations, its objects include the following:
· To foster the promotion, encouragement and advance the playing of tennis in Leigh and surrounding districts
· To foster participation of the community in programmes that bring the community together and provide healthy activities for all people in the area
· To provide and maintain playing facilities and amenities for the use of members and others.
12. The Club plans to embark on a capital programme to; repair the concrete court base, install an astro-turf surface, repair fencing and repair the pavilion. Whilst the Club has been actively fund-raising for these projects, it requires a new community lease to provide security of tenure and improve its leverage ability with funding agencies.
13. Council staff has negotiated and agreed a community outcomes plan with the Club (Attachment B) 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. Council staff from relevant departments has been consulted and is supportive of the proposal.
Consideration
Local Board views and implications
15. 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 Club is listed on the community lease work plan 2015/2016.
Māori impact statement
16. There are no significant changes or impacts for Maori associated with the recommendations in this report.
Implementation
17. The recommendations contained in this report do not trigger the Auckland Council Significance Policy.
No. |
Title |
Page |
aView |
Leigh Tennis Club Incorporated lease area at Leigh Domain Recreation Reserve being part Lot 43 DP 36465 as outlined and cross hatched in red |
49 |
bView |
The Leigh Tennis Club Incorporated Community Outcomes Plan |
51 |
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 02 November 2015 |
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New community licences to occupy to Mahurangi Community Sport and Recreation Collective Incorporated at Warkworth Showgrounds Reserve
File No.: CP2015/21313
Purpose
1. This report seeks the Rodney Local Board Parks Culture and Community Development Committee approval to temporary licences to occupy to Mahurangi Community Sport and Recreation Collective Incorporated at Warkworth Showgrounds Reserve.
Executive Summary
2. Auckland Council has been undertaking staged development of Warkworth Showgrounds since 2006. The Mahurangi Community Sport and Recreation Collective Incorporated (the Collective) has acted as the major community advocate of the development on behalf of a number of sports.
3. Featured in the Warkworth Showgrounds Development Plan is a proposed multi-purpose sports complex. While the planning phase for the proposed multi-purpose sports complex is underway, it is proposed that the portacoms will meet the immediate demand for changing rooms requiring licences to occupy.
4. The Collective has formally applied to council to enter into new community licences to occupy at Warkworth Showgrounds Reserve for the purpose of siting the two portacoms. The term of the proposed community licences to occupy is one year with an option to renew on an annual basis, at the complete discretion of the Rodney Local Board.
5. This report recommends the approval of temporary licences to occupy to Mahurangi Community Sport and Recreation Collective Incorporated at Warkworth Showgrounds Reserve.
That the Rodney Local Board Parks, Culture and Community Development Committee: a) approves two licences to occupy (for the purpose of siting two portacoms) to Mahurangi Community Sport and Recreation Collective Incorporated at Warkworth Showgrounds Reserve being Part Section 96D Parish of Mahurangi (Attachment A to the agenda report) subject to the following: i) Term – 1 year commencing 16 November 2015 with the option to renew on an annual basis at the complete discretion of the Rodney Local Board ii) Rent - $1.00 plus GST per annum if requested iii) Acknowledgement that the licences to occupy are temporary and will no longer be required once the future multi-purpose sports complex is constructed on the site b) notes that all other terms and conditions will be in accordance with the Auckland Council Community Occupancy Guidelines 2012 and the Warkworth Showgrounds Reserve Management Plan adopted 17 June 2004.
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Comments
6. The Warkworth Showgrounds Reserve is located on the eastern side of State Highway 1, just north of the Warkworth township.
7. The bulk of the reserve is held by the Department of Conservation on behalf of the Crown and vested in Auckland Council, in trust, for recreation purposes. The site is classified as recreation reserve and subject to the provisions of the Reserves Act 1977. A treaty clause will be included in the new licences to occupy, to recognise the underlying Crown ownership.
8. Council has been undertaking staged development of Warkworth Showgrounds since 2006. The Mahurangi Community Sport and Recreation Collective Incorporated (the Collective) has acted as the major community advocate of the development on behalf of a number of sports including gymnastics, netball, hockey, soccer and rugby.
9. Featured in the Warkworth Showgrounds Development Plan is a proposed multi-purpose sports complex. While the planning phase for the proposed multi-purpose sports complex is underway, there is a requirement for adequate changing rooms. Once the multi-purpose sports complex is constructed the changing facilties for all sports will be incorporated and the portacom buildings will no longer be required.
10. The planned upgrade to the existing Mahurangi Rugby Clubrooms changing facilities, which is a short term solution to the facilities on the site until the multi-purpose sports complex is constructed, will go some way to provide better facilities but these facilities do not have the capacity to accommodate all users. Further, the Mahurangi Rugby changing facilities are primarily designed to provide changing facilities for winter sports like rugby and soccer. Netball and hockey players require discreet and dry facilities.
11. Currently, there is one portacom on the reserve and it is being utilised by the Collective for storage. This portacom was sited earlier this year after the Rodney Local Board Parks Culture and Community Development Committee Chairperson and Deputy Chairperson were consulted on and supportive of, the Parks Advisor exercising their delegated authority to grant landowner approval in respect of the proposal (Attachment B). Landowner approval was granted on the understanding that a formal occupancy arrangement would be put in place at which time the primary purpose of the portacom would change from provision of storage to that of a dry changing room.
12. The Collective has formally requested licences to occupy for the siting of two portacoms for the purpose of providing temporary changing rooms (Attachment A). It is proposed however, that the initial portacom is re-sited from its existing position (Attachment B) to the area immediately in front of the netball courts (Attachment C). This would be a temporary location only, until the car park surfacing is completed. Once the car park resurfacing is completed, this portacom will be re-sited into its licence to occupy area adjacent to the Mahurangi Rugby Clubrooms as shown on Attachment A.
13. The term of the proposed licences to occupy is one year commencing 16 November 2015 with the option to renew on an annual basis at the complete discretion of the Rodney Local Board. With respect to the option to renew, the local board will make a decision informed by relevant council staff with an involvement in the Warkworth Showgrounds Development.
14. The portacoms are considered standard structures and measure 3.6 metres in width, 6 metres in length and 2.8 metres high and are constructed in aluminium and polystyrene sandwich.
15. The operative reserve management plan for Warkworth Showgrounds Reserve adopted 17 June 2004 contemplates a multi-purpose building and also, leases to the existing clubs relevant to the multi-purpose sports complex proposal.
16. The Collective is not obliged to enter into a community outcomes plan for this occupancy arrangement. The reasons being; first, that the occupancy arrangements are of a temporary nature and secondly, community outcome plans are already in place with the relevant existing lessees on the reserve that essentially, are part of the Collective.
Consideration
Local Board views and implications
17. At its business meeting of 6 July 2015, the Rodney Local Board Parks Culture and Community Development Committee resolved to support the Collective request to provide an additional changing room portacom on site (Attachment D Resolution number RODPC/2015/30). It is also noted that the development of the Warkworth Showgrounds is a priority initiative in the Rodney Local Board Plan 2014. The development of the multisport facility is also a priority and these portacoms provide temporary facilities during the planning phases of the future building.
Māori impact statement
18. There are no significant changes or impacts for Maori associated with the recommendations in this report. A treaty clause will be included in the new licences to occupy, to recognise the underlying Crown ownership.
Implementation
19. The recommendations contained in this report do not trigger the Auckland Council Significance Policy.
No. |
Title |
Page |
aView |
Warkworth Showgrounds Landscape Concept Plan showing areas of licences to occupy to Mahurangi Community Sport and Recreation Collective Incorporated as marked in red |
57 |
bView |
location of existing portacom used for storage in accordance with landowner approval dated February 2015 |
59 |
cView |
GIS aerial view of Warkworth Showgrounds with temporary location of portacom as marked in red |
61 |
dView |
Rodney Local Board Parks, Culture and Community Development Committee Resolution number RODPC/2015/30 |
63 |
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 02 November 2015 |
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Renewal and variation of lease and deed of additional premises to Mahurangi West Hall and Reserve Incorporated
File No.: CP2015/21325
Purpose
1. This report seeks the Rodney Local Board Parks Culture and Community Development Committee approval to the renewal and variation of lease and deed of additional premises to the Mahurangi West Hall and Reserve Incorporated at Mahurangi West Reserve.
Executive Summary
2. The Mahurangi West Hall and Reserve Incorporated (the Society) occupies the site at Mahurangi West Reserve on which it owns its improvements comprising; community hall, water tank, garden shed and recently constructed toilet block which includes the associated septic disposal infrastructure.
3. The Society was granted a lease by the former Rodney District Council for a period of 10 years commencing 1 October 2004. The lease provides for one 9 year right of renewal. The Society wishes to exercise its right of renewal effecting a final expiry date of 30 September 2023. The Society has also formally applied:
· to vary its lease to; remove clause 7.2 which binds the Society to paint the exterior of its hall every five years and include a treaty clause to recognise Crown ownership of the site
· for a deed of additional premises to recognise and formalise the additional land on which the Society’s existing water tank, garden shed and the recently constructed toilet block is sited. The terms and conditions in the deed for additional premises will be the same as those in the current lease dated 17 March 2005 as varied.
4. This report seeks the Rodney Local Board Parks Culture and Community Development Committee approval to the renewal and variation of lease and deed of additional premises to the Mahurangi West Hall and Reserve Incorporated at Mahurangi West Reserve. The lease term for the additional premises will align with the existing lease held by the Club.
That the Rodney Local Board Parks, Culture and Community Development Committee: a) approves the renewal of lease to the Mahurangi West Hall and Reserve Incorporated for its community hall at Mahurangi West Reserve being a portion of Section 40 Block XV Mahurangi Survey District (Attachment A), subject to the following conditions: i) Term - 9 years commencing 1 October 2014 ii) Rent - $1.00 plus GST per annum if demanded b) approves the variation of lease to remove clause 7.2 and include a treaty clause to record Crown ownership of the site should it be subject to a future treaty claim c) approves all other terms and conditions in accordance with the terms of the original lease agreement dated 17 March 2005 d) approves a lease for additional premises to the Mahurangi West Hall and Reserve Incorporated at Mahurangi West Reserve being a portion of Section 40 Block XV Mahurangi Survey District (Attachment A), subject to the following conditions: i) Term - 8 years, 5 months and 28 days commencing 3 November 2015 expiring 30 September 2023 ii) Rent - $1.00 plus GST per annum if demanded iii) All other terms and conditions will be in accordance with the terms of the original lease agreement dated 17 March 2005 excepting the removal of clause 7.2 and the inclusion of a treaty clause to record Crown ownership of the site should it be subject to a future treaty claim.
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Comments
5. Mahurangi West Reserve is located on Mahurangi West Road. Mahurangi West Reserve is described as Section 40 Block XV Mahurangi Survey District. This land is held by the Crown through the Department of Conservation as a classified local purpose (site for a public hall) reserve and is subject to the provisions of the Reserves Act 1977. A treaty clause will be included in the renewal of lease and deed of additional premises to remind all parties of the underlying Crown ownership.
6. The Society occupies the site at Mahurangi West Reserve on which it owns its improvements comprising; a heritage community hall, water tank, garden shed and recently constructed toilet block including the associated septic disposal infrastructure. The concrete water tank and garden shed have been in situ on the reserve for decades but omitted from the Society’s lease area.
7. The Society was granted a lease by the former Rodney District Council for a period of 10 years commencing 1 October 2004. The lease provides for one 9 year right of renewal effecting a final expiry of 30 September 2023.
8. The Society wishes to exercise its right of renewal effecting a final expiry date of 30 September 2023 and vary its lease by removing clause 7.2. Currently, the Society is bound by clause 7.2 to paint the exterior of the hall every five years and whilst the hall is a heritage building of which the Society are proud and take good care, this requirement is overly prescriptive and onerous. The Society has also formally requested a deed of additional premises for the land on which its existing water tank, garden shed and recently constructed toilet block are sited. These improvements are itemised on the attached plan.
9. Council staff has recommended the local board approve:
· the renewal and variation of lease
· a deed of additional premises to accurately record the leased premises including the previously omitted water tank, garden shed and newly constructed toilet block. The recommended term of deed of additional premises is synchronised with the existing community lease held by the Society.
10. The Mahurangi West Hall and Reserve was incorporated under the Incorporated Societies Act 1908 on 3 October 2002. Within the Society’s rules and regulations, its objects include the following:
· To restore, landscape, maintain and utilise the Mahurangi West Hall and surrounds for the benefit of all members of the Mahurangi community
· To promote community activities in the Mahurangi West Hall and surrounds
· To promote community awareness of and interest in the historical significance of the Mahurangi West Hall.
11. The hall was built in the 19th century to provide a school and locals believe it to be the oldest school in the Northland area still on its original site. For well over 20 years the Mahurangi West community has worked hard fundraising, renovating, restoring and refurbishing the heritage hall. Works have included renewing the foundations, painting of the exterior and interior, replacement of the kitchen, restoration of the kauri floor, installation of two new doors and provision of disabled access including a ramp. The Society has installed kitchen appliances, blinds and a theatre system.
12. More recently, the Society worked with the local board and the ASB for a much needed new toilet block. This improvement, (including the including the associated septic disposal infrastructure) owned by the Society will be included in the proposed deed of additional premises along with the existing water tank and garden shed.
13. The hall is designated for a Civil Defence post and resources to support the community in times of emergency are stored on site.
14. The Society has provided financial accounts which indicate that its funds are sufficient to meet its liabilities and are being managed appropriately. The Society has all necessary insurance cover, including public liability insurance, in place.
15. Council staff from relevant departments has undertaken a site visit with regard to the renewal and variation of lease and proposed new community lease for additional premises. The Society owned facilities are well managed, maintained and utilised.
16. Lessees exercising a right of renewal are asked to consider having its community lease varied to include a community outcomes plan. The Society has advised that it does not wish to vary its lease for this option.
17. Council staff from relevant departments has been consulted and is supportive of the proposal.
Consideration
Local Board views and implications
18. 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 renewal of lease to the Society is listed on the community lease work plan 2015/2016.
Māori impact statement
19. There are no significant changes or impacts for Maori associated with the recommendations in this report. A treaty clause will be included in the renewal of lease and deed of additional premises to record the underlying Crown ownership.
Implementation
20. The recommendations contained in this report do not trigger the Auckland Council Significance Policy.
No. |
Title |
Page |
aView |
GIS aerial view showing lease renewal area being hall and deed of additional premises being; water tank, garden shed and recently constructed toilet block including the associated septic disposal infrastructure |
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 02 November 2015 |
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Renewal of lease and deed of additional premises to Mangakura Boating Club Incorporated at Mangakura Reserve
File No.: CP2015/21328
Purpose
1. This report seeks the Rodney Local Board Parks Culture and Community Development Committee approval to the renewal of lease and deed of additional premises to the Mangakura Boating Club Incorporated at Mangakura Reserve.
Executive Summary
2. The Mangakura Boating Club Incorporated (the Club) occupies the site at Mangakura Reserve on which it has constructed its clubrooms.
3. The Club was granted a lease by the former Rodney District Council for a period of 10 years commencing 1 May 2005. The lease provides for one 10 year right of renewal. The Club wishes to exercise its right of renewal effecting a final expiry date of 30 April 2025. The Club has also formally applied for a deed of additional premises to recognise and formalise the additional land on which its existing water tank is sited under the same terms and conditions of the lease.
4. This report seeks the Rodney Local Board Parks Culture and Community Development Committee approval to the renewal of lease and deed of additional premises to the Mangakura Boating Club Incorporated at Mangakura Reserve. The lease term for the additional premises will align with the existing lease held by the Club.
That the Rodney Local Board Parks, Culture and Community Development Committee: a) approves the renewal of lease to the Mangakura Boating Club Incorporated at Mangakura Reserve being a portion of Part Allotment 63 Parish of Tauhoa (Attachment A to the agenda report), subject to the following conditions: i) Term - 10 years commencing 1 May 2015 ii) Rent - $1.00 plus GST per annum if demanded iii) All other terms and conditions in accordance with the terms of the original lease agreement dated 22 June 2005 b) approves a lease for additional premises to the Mangakura Boating Club Incorporated at Mangakura Reserve being a portion of Part Allotment 63 Parish of Tauhoa (Attachment A), subject to the following conditions: i) Term - 9 years, 5 months and 28 days commencing 3 November 2015 expiring 30 April 2025 ii) Rent - $1.00 plus GST per annum if demanded iii) All other terms and conditions will be in accordance with the terms of the original lease agreement dated 22 June 2005.
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Comments
5. Mangakura Reserve is located on the banks of the Hoteo River immediately north of State Highway 16 at the point where the highway crosses the river. It is one of the few vehicle and boat access points to the Kaipara Harbour at all tides. Mangakura Reserve is described as Part Allotment 63 Parish of Tauhoa. Part Allotment 63 Parish of Tauhoa is currently held in fee simple by council as a classified recreation reserve and is subject to the provisions of the Reserves Act 1977.
6. The Club occupies the site at Mangakura Reserve on which it has constructed its clubrooms. Further, the Club owns a concrete water tank which has been in situ on the reserve for well over a decade but omitted from its lease area.
7. The Club was granted a lease by the former Rodney District Council for a period of 10 years commencing 1 May 2005. The lease provides for one 10 year right of renewal. The Club wishes to exercise its right of renewal effecting a final expiry date of 30 April 2025. The Club has also formally requested a deed of additional premises for the land on which its existing water tank is sited and this area is shown as outlined in yellow on the attached plan. The Club’s water tank has a capacity for 3,000 gallons. Of note is the fact that Auckland Council in conjunction with the Rodney Local Board, has also recently installed a water tank on the reserve.
8. Council staff recommends that the local board approves the renewal of lease and a deed of additional premises to accurately record the leased premises including the previously omitted water tank. The recommended term of deed of additional premises is synchronised with the existing community lease held by the Club.
9. The Mangakura Reserve Management Plan as adopted 3 February 1999 contemplates a lease to the Club. The following is stated in the management plan under Objectives and Policies:
· To allow for the continued use of the reserve by the Mangakura Boating Club for boat launching and related activities and facilities including the construction of clubrooms, by entering into an appropriate lease arrangement.
10. The Mangakura Boating Club was incorporated under the Incorporated Societies Act 1908 on 31 March 2003. Within the Club’s rules and regulations, its objects include the following:
· To promote and advance the interests of boat owners, to develop and encourage a high standard of seamanship and safety at sea. To provide a medium for the exchange of boating information and stimulate a greater interest in boating and develop a fraternal spirit amongst local enthusiasts and to develop hauling out and launching facilities. To provide a facility for the use of educating the children of local schools, canoeing clubs, Scout groups and the public in general.
11. The Club has 60 members and while its main activities are boating and fishing, the Club also promotes boating education and First Aid courses plus hosts Wellsford game shooters events and provides the use of its clubrooms to local Iwi to hold hui.
12. The Club has provided financial accounts which indicate that its funds are sufficient to meet its liabilities and are being managed appropriately. The Club has all necessary insurance cover, including public liability insurance, in place.
13. Council staff from relevant departments has undertaken a site visit with regard to the renewal of lease and proposed new community lease for additional premises. The Club owned facilities are very well managed, maintained and utilised.
14. Lessees exercising a right of renewal are asked to consider having its community lease varied to include a community outcomes plan. The Club has advised that it wishes to continue its community lease on its current terms and conditions.
15. Council staff from relevant departments has been consulted and is supportive of the proposal.
Consideration
Local Board views and implications
16. 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 renewal of lease to the Club is listed on the community lease work plan 2015/2016.
Māori impact statement
17. There are no significant changes or impacts for Maori associated with the recommendations in this report.
Implementation
18. The recommendations contained in this report do not trigger the Auckland Council Significance Policy.
No. |
Title |
Page |
aView |
Current leased area to Mangakura Boating Club Incorporated at Mangakura Reserve being a portion of Part Allotment 63 Parish of Tauhoa as outlined in red, the lease area for additional premises as outlined in yellow |
75 |
bView |
Locality Map |
77 |
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 02 November 2015 |
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Special Exemption (Section 6) Fencing of Swimming Pools Act 1987
File No.: CP2015/22220
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:
· 20 Henley Road, Kaukapakapa
· 25 Rosella Grove, Waimauku
· 335 Whitehills Road, Wainui
· 220 Trigg Road, Kumeu
· 641A Pukapuka Road, Warkworth
· 729 Kaipara Coast Highway, Kaukapakapa
· 33 Elliot Street, Riverhead
· 224 Richards Road, Dairy Flat
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.
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.
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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.
No. |
Title |
Page |
aView |
20 Henley Road, Kaukapakapa (Under Separate Cover) - Confidential |
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25 Rosella Grove, Waimauku (Under Separate Cover) - Confidential |
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335 Whitehills Road, Wainui (Under Separate Cover) - Confidential |
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220 Trigg Road, Kumeu (Under Separate Cover) - Confidential |
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641A Pukapuka Road, Warkworth (Under Separate Cover) - Confidential |
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729 Kaipara Coast Highway (Under Separate Cover) - Confidential |
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33 Elliot Street, Riverhead (Under Separate Cover) - Confidential |
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224 Richards Road, Dairy Flat (Under Separate Cover) - Confidential |
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Signatories
Authors |
Phillip Curtis - Senior Swimming Pool Specialist |
Authorisers |
Lesley Jenkins - Relationship Manager |
Rodney Local Board Parks, Culture and Community Development Committee 02 November 2015 |
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Rodney Local Grants, Round One, 2015/2016
File No.: CP2015/22444
Purpose
1. The purpose of this report is to present applications received for round one of the Rodney Local Board Local Grants 2015/2016. The local board is required to fund, part-fund or decline these applications.
Executive Summary
2. The Rodney Local Board has set a total community grants budget of $249,000 for the 2015/2016 financial year. Funds from this budget will be allocated to successful applications.
3. Seventy applications were received in this round, with a total requested of $644,867.75.
That the Rodney Local Board Parks, Culture and Community Development Committee: a) consider the applications listed in Table One and agree to fund, part-fund or decline each application in this round: Table One: Rodney Local Board Round One Local Grants Applications
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Comments
4. The implementation of the new Community Grants Policy commenced on 1 July 2015. The policy supports each local board to adopt a grants programme for 2015/2016 and the Rodney Local Board adopted its grants programme on 4 May 2015 (see Attachment A).
5. The local board grants programmes sets out:
· local board priorities
· lower priorities for funding
· exclusions
· grant types, the number of grant rounds and when these will open and close
· any additional accountability requirements.
6. The Rodney Local Board will operate two local grants rounds for this financial year. The first local grant round closed on 1 September 2015.
7. The Rodney Local Board has set a total community grants budget of $249,000 for the 2015/2016 financial year. Funds from this budget will be allocated to successful applications.
8. Seventy applications were received for this local grants round, requesting a total of $644,867.75.
Consideration
Local Board views and implications
9. Local boards are responsible for the decision-making and allocation of local board community grants. The Rodney Local Board is required to fund, part-fund or decline these grant applications against the local board priorities identified in the local board grant programme.
10. The board is requested to note that section 50 of the Community Grants Policy states “We will also provide feedback to unsuccessful grant applicants about why they have been declined, so they will know what they can do to increase their chances of success next time.”
Māori impact statement
11. The provision of community grants provides opportunities for all Aucklanders to undertake projects, programmes, activities that benefit a wider range of individuals and groups, including Maori. As a guide for decision-making, in the allocation of community grants, the new community grants policy supports the principle of delivering positive outcomes for Maori. One applicant for this round has identified as Maori and 11 have indicated their project targets Maori or Maori outcomes.
Implementation
12. The allocation of grants to community groups is within the adopted Long Term Plan 2015-2025 and local board agreements.
13. Following the Rodney Local Board allocating funding for round one local grants, Commercial and Finance staff will notify the applications of the local board decision.
No. |
Title |
Page |
aView |
Rodney Local Board Grants Programme 2015/2016 |
95 |
bView |
Application summaries (Under Separate Cover) |
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Signatories
Authors |
Kim Hammond - Community Grants Advisor |
Authorisers |
Marion Davies - Community Grants Operations Manager Jennifer Rose - Operations Support Manager Lesley Jenkins - Relationship Manager |
Rodney Local Board Parks, Culture and Community Development Committee 02 November 2015 |
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Deputation/Public Forum Update
File No.: CP2015/22057
Purpose
1. As part of its business meetings the Rodney Local Board Parks, Culture and Community Development Committee has a period of time set aside for Deputations/Presentations and Public Forum during which time members of the public can address the local board on matters within its delegated authority.
Executive Summary
2. Under Standing Orders there is provision for Deputations/Presentations to the local board. Applications for Deputations/Presentations must be in writing setting forth the subject and be received by the Relationship Manager at least seven working days before the meeting concerned, and subsequently have been approved by the Chairperson. Unless the meeting determines otherwise in any particular case, a limit of ten minutes is placed on the speaker making the presentation.
3. Standing Orders allows three minutes for speakers in Public Forum.
4. Requests, matters arising and actions from the Deputations/Presentations and Public Forum are recorded and updated accordingly. The Rodney Local Board Parks, Culture and Community Development Committee Deputations/Presentations and Public Forum Update is attached as Attachment A.
That the Rodney Local Board Parks, Culture and Community Development Committee: a) receive the Deputation/Public Forum Update.
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No. |
Title |
Page |
aView |
Deputation/Public Forum Update |
101 |
Signatories
Authors |
Raewyn Morrison - Local Board Democracy Advisor |
Authorisers |
Lesley Jenkins - Relationship Manager |
Rodney Local Board Parks, Culture and Community Development Committee 02 November 2015 |
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Rodney Local Board Parks, Culture and Community Development Committee Workshop Records
File No.: CP2015/22018
Purpose
1. Attached is the Rodney Local Board Parks, Culture and Community Development Committee workshop records for 21 September 2015 and 12 October 2015.
Executive Summary
2. The Rodney Local Board holds regular workshops. The Rodney Local Board Transport Planning and Infrastructure Committee and the Rodney Local Board Parks, Culture and Community Development Committee also hold regular workshops. Records of those workshops are included in the relevant committee business agendas.
3. Attached for information is the record of the most recent workshop meeting of the Rodney Local Board Parks, Culture and Community Development Committee.
That the Rodney Local Board Parks, Culture and Community Development Committee: a) Workshop Records for 21 September 2015 and 12 October 2015 be accepted.
|
No. |
Title |
Page |
aView |
21 September 2015 |
105 |
bView |
12 October 2015 |
109 |
Signatories
Authors |
Raewyn Morrison - Local Board Democracy Advisor |
Authorisers |
Lesley Jenkins - Relationship Manager |
Rodney Local Board Parks, Culture and Community Development Committee 02 November 2015 |
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Exclusion of the Public: Local Government Official Information and Meetings Act 1987
That the Rodney Local Board Parks, Culture and Community Development Committee:
a) exclude the public from the following part(s) of the proceedings of this meeting.
The general subject of each matter to be considered while the public is excluded, the reason for passing this resolution in relation to each matter, and the specific grounds under section 48(1) of the Local Government Official Information and Meetings Act 1987 for the passing of this resolution follows.
19 Special Exemption (Section 6) Fencing of Swimming Pools Act 1987 - Attachments
a - H
Reason for passing this resolution in relation to each matter |
Particular interest(s) protected (where applicable) |
Ground(s) under section 48(1) for the passing of this resolution |
The public conduct of the part of the meeting would be likely to result in the disclosure of information for which good reason for withholding exists under section 7. |
s7(2)(a) - The withholding of the information is necessary to protect the privacy of natural persons, including that of a deceased person. In particular, the report contains personal information. |
s48(1)(a) The public conduct of the part of the meeting would be likely to result in the disclosure of information for which good reason for withholding exists under section 7. |