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

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:

Monday, 15 February 2016

2.00pm

Council Chamber
Orewa Service Centre
50 Centreway Road
Orewa

Rodney Local Board Parks, Culture and Community Development Committee

OPEN AGENDA

MEMBERSHIP

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

(Quorum 5 members)

Raewyn Morrison

Local Board Democracy Advisor

5 February 2016

Contact Telephone: (09) 427 3399

Email: raewyn.morrison@aucklandcouncil.govt.nz

Website: www.aucklandcouncil.govt.nz

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

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

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

15 February 2016

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 Harbour Sport 5

9 Public Forum 6

10 Extraordinary Business 6

11 Notices of Motion 6

12 Warkworth Showgrounds Development- Stage Six Civil Works Project 7

13 Renewal of lease to Warkworth Bridge Club Incorporated and Mahurangi (Warkworth) Senior Citizens Association Incorporated for the Old Warkworth Town Library 15

14 Variation of lease to Mahurangi Rugby Football Club Incorporated at Warkworth Showgrounds Reserve 25

15 New community lease and licence to occupy to Waimauku Pony Club Incorporated at Glasgow Park, Waimauku 39

16 Renewal of lease and deed of lease for additional premises to Sandspit Yacht Club Incorporated at Algies Bay Recreation Reserve 53

17 Special Exemption (Section 6) Fencing of Swimming Pools Act 1987 63

18 Deputation/Public Forum Update 67

19 Rodney Local Board Workshop Records 71

20 Consideration of Extraordinary Items

PUBLIC EXCLUDED

21 Procedural Motion to Exclude the Public 77

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

a. 102 Kaipara Portage Road, Riverhead 77

b. 648 Kahikatea Flat Road, Waitoki 77

c. 18C Jones Road, Omaha Flats 77

d. 46 McKinney Road, Warkworth 77

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, 2 November 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 Harbour Sport

Purpose

1. Representatives from Harbour Sport will be in attendance to update the Rodney Local Board on activities that Harbour Sport has been involved in during the past six months in the local board area.

Recommendation/s

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

a) thank the representatives from Harbour Sport on their update on activities they have been involved in within the Rodney Local Board area during the last six months.

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

15 February 2016

Warkworth Showgrounds Development- Stage Six Civil Works Project

File No.: CP2016/00128

Purpose

1. To allocate sufficient funding from within budgets allocated in the Long-term Plan 2015-2025 (LTP) for the development of Warkworth Showgrounds, to allow the tender for physical works to be let for the stage six civil works.

Executive Summary

2. Stage six civil works for the Warkworth Showgrounds Development Project involves the formation, sealing, lighting and drainage of car parks and paths on the Warkworth Showgrounds site. This is part of an ongoing development plan that began in 2006.

3. Stage six civil works is in line with the adopted development plan that was subject to extensive public consultation. The budget for the remaining two years of the development is $3,001,740 ($1,157,901 FY 2015/2016, $1,843,839 FY 2016/2017). This amount was set by the Long-term Plan 2015-2025 process, however, it was not based on current market estimates for the work required.

4. Taking into account other project commitments, made under the umbrella of the adopted development plan by the Rodney Local Board, there is currently insufficient budget in the 2015/2016 financial year to award the tender and begin physical works.

5. A total of $509,000 has to be identified from within the Warkworth Showgrounds LTP funding envelope, otherwise the scope of the project must be significantly reduced.

6. In the 2016/2017 financial year the Rodney Local Board has indicatively identified $562,741 as a contribution towards the construction of the proposed community-led multisport building project. The multisport building project has not progressed to a point where it is practical to expect the budget allocated to be spent in the 2016/2017 financial year.

7. The multisport building project is currently at the business case stage. Planning, building design, consenting and fundraising are still to be undertaken before any construction could be considered. The Rodney Local Board has contributed $90,000 in the current financial year towards upgrade of the existing rugby club rooms. Experience with other projects suggests that it is unlikely that the project will have progressed to physical works within the current LTP cycle.

8. Council staff will liaise with the Mahurangi Sport and Recreation Collective on this issue and will continue to support their efforts to construct a multisport facility on the Warkworth Showgrounds.

9. It is recommended that the local approve $509,000 of the $562,741 that has been indicatively allocated to the construction of the Warkworth Showgrounds multisport building in the 2016/2017 financial year to the stage six civil works project to enable the works to proceed immediately. It is also recommended that the local board consider through a future Annual Plan whether to allocate $560,000 to progress the multisport building when the project has progressed to a stage where the funds are required.

Recommendation/s

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

a) approve the allocation of $509,000 from the Warkworth Showgrounds Programme indicative 2016/2017 budget, previously allocated to the multisport building construction, to enable the stage six civil works project to progress immediately.

b) recommend to the Rodney Local Board that it consider allocating through a future Annual Plan process $560,000 from its Locally Driven Initiative Fund towards the Warkworth Showgrounds multisport building in a future year when that project has progressed to a stage when it is required.

Comments

10. The LTP budget for the Warkworth Showgrounds for the 2015/2016 financial year is $1,157,901 and the 2016/2017 budget is $1,843,839 creating a total budget envelope of $3,001,740 for the remainder of the current LTP.

11. The approved 2015/2016 Parks Capital Work Programme identifies the commitments made either under the umbrella of the adopted Warkworth Showgrounds development plan or by the Rodney Local Board. The total required budget to deliver on all current commitments is $3,739,241. The current available budget is $3,001,740. This is shown in Attachment A. The total shortfall across all projects in the Warkworth Showgrounds Development is $737,501. Both Attachments A and B show $90,000 (highlighted yellow) that has been allocated as a capital grant. The $90,000 is shown on the sheet as a commitment but as this budget has already been transferred it is removed the LTP total budget.

12. The Warkworth Showgrounds No 1 and 2 field and netball lights project is expected to require additional budget, due to the upgrade to include cost efficient LED luminaires. It is expected that the Central Risk Fund (CRF) will contribute an additional $220,000. This process is not covered by this report, however it is being progressed by the Manager of Project Delivery North in accordance with council’s project management framework. The No 1 and 2 field and netball lighting project is a priority and is progressing to meet required timeframes.

13. If the $509,000 (of the $562,741) indicated as a contribution to the multisport building was made available to complete the stage six civil works project it would allow for delivery of all projects currently at a point where they are ready to proceed with physical works. Attachment B shows the $509,000 removed from the forecast for the multisport building project and the $220,000 from the CRF added to the LTP total budget envelope. These changes would result in the budget balancing across all projects in the Warkworth Showgrounds Development Programme.

14. The Rodney Local Board Lead Financial Advisor has confirmed that when there is an existing budget identified by the LTP in an outer year and project timing requires budget to be accessed in the current year, then with proper approval, it is possible to do so.

15. The Rodney Local Board at its discretion will still have the ability to resolve to contribute to the construction of the multisport building in the year that the project is ready to go ahead. This could be done using funds from the Rodney Local Board, Locally Driven Initiative (LDI) capex fund.

16. Currently the multisport building project is in the business case phase and in the 2016/2017 financial year it is expected to progress to detailed design and possibly as far as lodging the various consents required. It is not likely to progress as far as physical works during the 2016/2017 financial year.

17. If $509,000 is not made available there are two alternative options.

a) A reduction in the scale of stage six civil works project in order to address the budget short fall. This could be achieved by not developing portions of the car park or by significantly reducing proposed lighting levels. There are a number of challenges associated with this approach and therefore it has not been recommended.

o Car park lighting; due to health and safety considerations it is not best practice to install lighting on playing fields without installing high quality lighting in adjacent car parking areas.

o Reducing the amount of car park to be formed and sealed; there is ever increasing demand on car parking as the Showgrounds develop. Delaying the inevitable requirement to fully develop the car parks will result in escalated costs when the work is undertaken.

o Stage six civil works are in line with the adopted development plan and a number of elements have already been removed to identify cost savings. Further reduction of scope will result in council and the Rodney Local Board no longer delivering on the development plan.

o Significant changes will result in having to retender the work and may result in a later delivery.

b) The project does not proceed. This would result in a significant under delivery of available budget and would result in Auckland Council and the Rodney Local Board failing to meet expectations held by the community that the Warkworth Showgrounds will be developed.

Consideration

Local board views and implications

18. The recommendations in this report may affect the ability of the Rodney Local Board to fully deliver on its commitments to support the Mahurangi Sport and Recreation Collective to provide a contribution towards the construction of the proposed Multisport Complex. This can be mitigated by consideration to meet this commitment using LDI capital budget from a future year. The recommendations of this report do enable the Rodney Local board to fully meet wider community expectations relating to the adopted Warkworth Showgrounds Development Plan.

Māori impact statement

19. The recommendations in this report are not anticipated to impact on Maori in the area as the budgets discussed are already committed to be spent within the Warkworth Showgrounds LTP budget envelope.

Implementation

20. It is anticipated that the agreed scope of stage six civil works can be completed by 30 June 2016 once adequate funding has been identified.

Attachments

No.	Title	Page
a View	Current Warkworth Showgrounds Programme	11
b View	Recommended Warkworth Showgrounds Programme	13

Signatories

Authors

Jeff Lyford - Parks Advisor - Rodney

Authorisers

Mace Ward - General Manager Parks, Sports and Recreation

Lesley Jenkins - Relationship Manager

Rodney Local Board Parks, Culture and Community Development Committee

15 February 2016

Renewal of lease to Warkworth Bridge Club Incorporated and Mahurangi (Warkworth) Senior Citizens Association Incorporated for the Old Warkworth Town Library

File No.: CP2016/00876

Purpose

1. This report seeks the Rodney Local Board Parks Culture and Community Development Committee approval to the renewal of lease to the Warkworth Bridge Club Incorporated and Mahurangi (Warkworth) Senior Citizens Association (Incorporated) for the premises known as the “Old Warkworth Town Library” at 2 Alnwick Street, Warkworth.

Executive Summary

2. In April 2003, the former Rodney District Council granted the Warkworth Bridge Club Incorporated and Mahurangi (Warkworth) Senior Citizens Association (Incorporated) a lease for the Old Warkworth Town Library at 2 Alnwick Street, Warkworth. The lease commenced 15 July 2003 and provided for one five year right of renewal for a period of five years expiring 14 July 2013.

3. In June 2010, the former Rodney District Council varied the lease to provide for one additional right of renewal for a term of five years, commencing 15 July 2013 effecting the final expiry date 14 July 2018.

4. At its business meeting of 9 September 2013, the Rodney Local Board was presented with a lease report recommending that it approve the final lease renewal to the Warkworth Bridge Club Incorporated and Mahurangi (Warkworth) Senior Citizens Association (Incorporated). The Rodney Local Board, however, deferred its approval until the lessee demonstrated better use of the facility.

5. The Warkworth Bridge Club Incorporated and Mahurangi (Warkworth) Senior Citizens Association (Incorporated) has worked proactively to seek and secure complementary community groups to hire the premises, resulting in the facility being utilised to capacity.

6. This report recommends the Rodney Local Board Parks Culture and Community Development Committee approval to the final renewal of lease to the Warkworth Bridge Club Incorporated and Mahurangi (Warkworth) Senior Citizens Association (Incorporated) at 2 Alnwick Street, Warkworth.

Recommendation/s

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

a) approves the renewal of lease to the Warkworth Bridge Club Incorporated and Mahurangi (Warkworth) Senior Citizens Association (Incorporated) for the council owned premises known as the “Old Warkworth Town Library” at 2 Alnwick Street, Warkworth (Attachment A to the agenda report), subject to the following conditions:

i) Term - 5 years commencing 15 July 2013 effecting final expiry 14 July 2018

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

b) approves all other terms and conditions in accordance with the terms of the original lease agreement between council and Warkworth Bridge Club Incorporated and Mahurangi (Warkworth) Senior Citizens Association (Incorporated) dated 15 April 2003 and the subsequent deed of variation of lease recording renewal dated 8 June 2010.

Comments

7. The “Old Warkworth Town Library” is located adjacent to the Warkworth Town Hall at 2 Alnwick Street, Warkworth and is situated on the land legally described as Lot 3 Section 1 Allotment 67 Parish of Mahurangi.

8. The Warkworth Bridge Club Incorporated and Mahurangi (Warkworth) Senior Citizens Association (Incorporated) as joint lessee was granted a lease of the “Old Warkworth Town Library” premises at 2 Alnwick Street, Warkworth by the former Rodney District Council. The lease commenced 15 July 2003 and provided for one five year right of renewal for a period of five years expiring 14 July 2013. The only stipulation to the right of renewal being that “providing that council does not require the building for an alternative use at the end of the first term”.

9. In June 2010, the former Rodney District Council varied the lease for the purpose of:

· Adding clause 48 relating to “Early Termination” (it is understood that the purpose of this additional clause was as a contingency in light of the planned and significant works on the adjacent town hall)

· Providing for one additional right of renewal for a term of five years, commencing 15 July 2013 and effecting the final expiry date 14 July 2018.

10. In 2013, the Warkworth Bridge Club Incorporated and Mahurangi (Warkworth) Senior Citizens Association (Incorporated) as lessee formally applied to council to exercise its final right of renewal of the lease for the period 15 July 2013 to 14 July 2018.

11. At its business meeting of 9 September 2013, the Rodney Local Board was presented with Community Lease Workplan 2013/2014 for its approval. The Community Lease Workplan 2013/2014 included a lease renewal schedule which included the lease renewal to the Warkworth Bridge Club Incorporated and Mahurangi (Warkworth) Senior Citizens Association (Incorporated). The Rodney Local Board however, deferred its approval to the final renewal until better utilisation of the facility was achieved (Attachment B RD/2013/255).

12. Council staff and representatives for the Warkworth Bridge Club Incorporated and Mahurangi (Warkworth) Senior Citizens Association (Incorporated) have worked collaboratively to seek and secure complementary community groups to hire the premises. One such group is the North Rodney Community Arts Council who has been actively looking for suitable premises from which to undertake its art activities, exhibitions, meetings, etc.

13. For the purpose of promoting the use of its facility, in late December 2015, the President of the Warkworth Bridge Club Incorporated organised for the Mahurangi Matters to place an article in its first publication of 2016. The article featured in the Mahurangi Matters of 13 January 2016. In light of the response received from the article, coupled with the newly formed relationship with representatives of the North Rodney Community Arts Council, the facility is now at capacity. Attachment C provides an example of utilisation of “Old Warkworth Town Library” premises at 2 Alnwick Street, Warkworth as at late January 2016.

14. The lease to the Warkworth Bridge Club Incorporated and Mahurangi (Warkworth) Senior Citizens Association (Incorporated) contains a condition which states that the lessee must make the premises available to other community or voluntary groups (when the premises are not required for use by the lessee) at reasonable rates of hire. The Warkworth Bridge Club Incorporated and Mahurangi (Warkworth) Senior Citizens Association (Incorporated) has set its hire fees on a cost recovery basis.

15. The Warkworth Bridge Club Incorporated and Mahurangi (Warkworth) Senior Citizens Association (Incorporated) as lessee have updated the formal application to council to exercise the final right of renewal of the lease for the period 15 July 2013 to 14 July 2018.

16. The Warkworth Bridge Club Incorporated and Mahurangi (Warkworth) Senior Citizens Association (Incorporated) has provided financial accounts which indicate that the joint funds are sufficient to meet its liabilities and is being managed appropriately.

17. The Warkworth Bridge Club Incorporated and Mahurangi (Warkworth) Senior Citizens Association (Incorporated) has all necessary insurance cover, including public liability insurance, in place. An inspection of the premises undertaken in 2013, 2014 and again in 2015 shows that the Warkworth Bridge Club Incorporated and Mahurangi (Warkworth) Senior Citizens Association (Incorporated) takes pride in its facilities.

18. The Warkworth Bridge Club Incorporated was incorporated under the Incorporated Societies Act 1908 on 10 August 1990 and Mahurangi (Warkworth) Senior Citizens Association (Incorporated) was incorporated under that Act on 17 October 1974.

19. Lessees exercising a right of renewal are asked to consider having its community lease varied to include a community outcomes plan. The Warkworth Bridge Club Incorporated and Mahurangi (Warkworth) Senior Citizens Association (Incorporated) has advised that it does not wish to vary its lease for this option.

20. Council staff from relevant departments has been consulted and is supportive of the proposal.

Consideration

Local Board views and implications

21. 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 Warkworth Bridge Club Incorporated and Mahurangi (Warkworth) Senior Citizens Association (Incorporated) is listed on the community lease work plan 2015/2016.

22. At the conclusion of the final expiry of the lease to Warkworth Bridge Club Incorporated and Mahurangi (Warkworth) Senior Citizens Association (Incorporated) and subject to approval by the Rodney Local Board, an Expressions of Interest (EOI) process will be undertaken in accordance with the Auckland Council Community Occupancy Guidelines 2012. Applicants must meet eligibility criteria including legal status and provide activities that align with the outcomes in the Rodney Local Board Plan.

Māori impact statement

23. There are no significant changes or impacts for Maori associated with the recommendations in this report.

Implementation

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

Attachments

No.	Title	Page
a View	GIS aerial view showing lease area	19
b View	Rodney Local Board resolution RD/2013/255	21
c View	Example of utilisation of Old Warkworth Town Library as at late January 2016	23

Signatories

Authors

Karen Walby - Lease Advisor

Authorisers

Rod Sheridan - General Manager Community Facilities

Lesley Jenkins - Relationship Manager

Rodney Local Board Parks, Culture and Community Development Committee

15 February 2016

Variation of lease to Mahurangi Rugby Football Club Incorporated at Warkworth Showgrounds Reserve

File No.: CP2016/00881

Purpose

1. This report seeks the approval of the Rodney Local Board Parks, Culture and Community Development Committee to the variation of lease to Mahurangi Rugby Football Club Incorporated at Warkworth Showgrounds Reserve.

Executive Summary

2. Council has been undertaking staged development of Warkworth Showgrounds Reserve since 2006. Featured in the Warkworth Showgrounds Development Plan is a proposed multi-purpose sports complex.

3. 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.

4. The Mahurangi Rugby Football Club Incorporated owns its clubrooms and has a ground lease with council at Warkworth Showgrounds Reserve.

5. With the increased activities at Warkworth Showgrounds Reserve, there is a need to provide additional toilets and changing facilities as the Mahurangi Rugby Football Club’s existing clubrooms are inadequate to cater for the needs of users of the reserve.

6. In response to the need for additional toilets and changing facilities, the Rodney Local Board Parks, Culture and Community Development Committee has allocated the Mahurangi Rugby Club Incorporated (the Club) a grant of up to $90,000.00 towards the upgrade of its toilets and changing facilities as part of an interim solution (including the provision of port-a-coms).

7. A Facility Partnership Funding Agreement between Auckland Council and the Club has been executed in respect of the grant in the amount of $90,000.00.The funding agreement sets out certain terms and conditions which will bind the Club such as; construction of externally accessible toilets for the benefit of reserve users and that the Club will work with the Collective by way of a Memorandum of Understanding to ensure the involvement of the Collective in the Club’s operations of the clubrooms and facilities in general.

8. The funding agreement also states additional terms and conditions such as the requirement that the Club ensures that facility is made available to users of the reserve for the term of its lease and outlines responsibilities for defined sections of the facility for; wastewater charges and also operation and maintenance.

9. The terms and conditions in the funding agreement do not accord with a number of the terms and conditions in the existing lease document between council and the Club and as such a variation to the lease is legally required. Further, council staff has ascertained that during the drafting of the existing lease, a necessary treaty clause (in light of the underlying ownership of the reserve by the Crown) was inadvertently omitted from the original lease document and also the incorrect legal description of the reserve was described in the “Premises” section of the lease. This omission and inaccuracy respectively, need to be remedied during the variation to the lease.

10. This report recommends that the Rodney Local Board Parks, Culture and Community Development Committee approve a variation to the lease between Auckland Council and Mahurangi Rugby Football Club Incorporated.

Recommendation/s

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

a) approve a variation of the lease dated 2012 to Mahurangi Rugby Football Club Incorporated at Warkworth Showgrounds Reserve to effect the following:

i) The addition of a treaty clause pursuant to the Treaty of Waitangi Act 1975 to record Crown ownership of the reserve should it be subject to a future treaty claim.

ii) The amendment to the legal description of the reserve as stated in the “Premises” section within the reference schedule to reflect the correct description of the land occupied under the terms of the lease, being Part Allotment 96D Parish of Mahurangi.

iii) The addition of a clause to link the lease to the Facility Partnership Funding Agreement between council and the Mahurangi Rugby Football Club Incorporated as executed by council on 22 December 2015.

iv) The addition of a clause to acknowledge the Memorandum of Understanding between the Mahurangi Rugby Club Incorporated and the Mahurangi Community Sport and Recreation Collective Incorporated with regard to the Sports Partnership for the Warkworth Showgrounds Development Project.

v) The amendment of clause 5 (Outgoings) to reflect the Additional Terms (3.) and (4.) as stated in the Facility Partnership Funding Agreement between Auckland Council and the Mahurangi Rugby Football Club Incorporated, effecting council’s responsibility for the wastewater operational charges for the term of the lease and further, the responsibility for electricity, water and wastewater operational charges will be reviewed annually for the first two years and three yearly thereafter.

vi) The amendment of; “Required Use” as stated within the reference schedule and clauses 6 (Required Use) and 11 (Public Access) to reflect the Additional Term (1.) as stated in the Facility Partnership Funding Agreement between Auckland Council and the Mahurangi Rugby Football Club Incorporated, ensuring that the facility is made available to users of the Warkworth Showgrounds Reserve commencing on the date of completion of “The Facility Upgrade Project” and effective for the term of the lease, including the renewal term.

vii) The amendment of clause 11 (Public Access) to reflect the Additional Term “Toilets” (1.) as stated in the Facility Partnership Funding Agreement between Auckland Council and the Mahurangi Rugby Football Club Incorporated, effecting council’s responsibility to open and close the doors to the publicly accessible ground floor toilets as outlined and cross hatched in red shown as Attachment A to this agenda report.

viii) The amendment of clause 16 (Maintenance of Buildings/Improvements) to reflect the additional term “Toilets” (2.) as stated in the Facility Partnership Funding Agreement between Auckland Council and the Mahurangi Rugby Football Club Incorporated, effecting council’s responsibility for cleaning, minor maintenance and repairs of the publicly accessible ground floor toilets as outlined in red shown as Attachment A to this agenda report.

ix) The addition of an “Access” clause for access to the facility by council staff and council contractors for water and wastewater maintenance requirements and upgrades.

x) The existing community outcomes plan is deemed obsolete and superceded by the “Community Access Report Form” being (Schedule 3: Reporting Annual report (iv)) of the Facility Partnership Funding Agreement between Auckland Council and the Mahurangi Rugby Football Club Incorporated shown as Attachment B to this agenda report. The initial report period will commence on the date of the completion of the “Facility Upgrade Project” and continue to15 October 2016. Thereafter the report period will commence 16 October 2016 and continue on an annual cyclic basis for the term of the lease including the renewal term or until otherwise subsequently varied. The Mahurangi Rugby Football Club Incorporated will submit its Community Access reports to council’s Community Leasing Team.

b) notes that all other reporting requirements for the Facility Partnership Funding Agreement between Auckland Council and the Mahurangi Rugby Football Club Incorporated pertain specifically to the “Facility Upgrade Project”. The Mahurangi Rugby Football Club Incorporated will prepare and submit its reports to council’s Sports Partnerships Project Manager, accordingly.

Comments

11. The Warkworth Showgrounds Reserve is located on the eastern side of State Highway 1, just north of the Warkworth township (Attachment C).

12. The bulk of the reserve is described as Part Allotment 96D Parish of Mahurangi and held by the Department of Conservation on behalf of the Crown and vested in Auckland Council, in trust, for recreation purposes. As such, a treaty clause should be included in any new lease or licence to occupy, to recognise the underlying Crown ownership. The site is classified as recreation reserve and subject to the provisions of the Reserves Act 1977.

13. Council has been undertaking staged development of Warkworth Showgrounds since 2006. 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 toilets and changing facilities for all users of the reserve. Once the multi-purpose sports complex is constructed the toilets and changing facilities for all sports will be incorporated within it.

14. At its business meeting of 8 October 2012, the Rodney Local Board approved a new lease to the Mahurangi Rugby Football Club Incorporated at Warkworth Showgrounds Reserve. The lease which commenced 16 October 2012 provides for a term of 10 years with one renewal term of 10 years effecting final expiry date 15 October 2032. The lease contains an early termination clause in the event that the premises are required for the development of a new multi-purpose sports centre on the reserve.

15. With the increased activities at Warkworth Showgrounds, there is a need to provide additional toilets and changing facilities as the Mahurangi Rugby Football Club’s existing clubrooms are inadequate to cater for the needs of users of the reserve.

16. 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.

17. In response to the need for additional toilets and changing facilities, at its business meeting of 6 July 2015, the Rodney Local Board Parks, Culture and Community Development Committee resolved to allocate a grant of up to $90,000.00 towards the upgrade of the Mahurangi Rugby Club Incorporated toilets and changing facilities (RODPC/2015/30). The planned upgrade to the existing Mahurangi Rugby Clubrooms changing facilities is an interim solution until the multi-purpose sports complex is constructed and operational.

18. A Facility Partnership Funding Agreement between Auckland Council and the Club has been executed in respect of the grant in the amount of $90,000.00. Included in the terms and conditions of the funding agreement is the requirement that the Club:

· As part of the works to upgrade, construct externally accessible public toilets

· Provide publicly accessible changing rooms and security cameras

· Work collaboratively with the Collective to produce and sign a Memorandum of Understanding (MoU) detailing the relationship between the Club and the Collective, the involvement of the Collective in the operations of the Club’s facilities and the shared vision for the development of the Warkworth Showgrounds Reserve.

19. The funding agreement also states additional terms and conditions including but not limited to the following:

· The requirement that the Club ensures that facility is made available to users of the Warkworth Showgrounds Reserve for the term of its lease, including the renewal term

· Changes to responsibilities for; wastewater charges, opening and closing of the external doors to the publicly accessible ground floor toilets and cleaning, minor maintenance and repairs of the publicly accessible ground floor toilets.

20. The terms and conditions in the funding agreement must accord with the terms and conditions in the existing lease document between council and the Club. A variation to the lease will ensure the necessary alignment. Further, council staff has ascertained that during the drafting of the existing lease, a treaty clause (in light of the underlying ownership of the reserve by the Crown) was inadvertently omitted from the document and in addition, the incorrect legal description of the reserve was recorded in the “Premises” section in the reference schedule of the lease. The variation of lease is an opportunity to remedy this omission and inaccuracy, respectively.

21. Representatives from the Club and council staff from relevant departments have been consulted on the variation to lease and are 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 approved the allocation of up to $90,000.00 from the Rodney Local Board Capital Works Programme 2015/2016, Warkworth Showgrounds Budget, for the upgrade of the Mahurangi Rugby clubrooms specifically for new toilets and changing room facilities.

23. 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 the Club’s upgrade to its facilities will cater for the needs of the reserve users during the planning phases of the future building.

Māori impact statement

24. A treaty clause will be included in the lease variation to recognise the underlying Crown ownership of the reserve on which the Club is sited.

Implementation

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

Attachments

No.	Title	Page
a View	Mahurangi Rugby Football Club Incorporated clubroom renovation basement floor plan	31
b View	Community Access Form	33
c View	Warkworth Showgrounds Locality Plan	37

Signatories

Authors

Karen Walby - Lease Advisor

Authorisers

Rod Sheridan - General Manager Community Facilities

Lesley Jenkins - Relationship Manager

Rodney Local Board Parks, Culture and Community Development Committee

15 February 2016

New community lease and licence to occupy to Waimauku Pony Club Incorporated at Glasgow Park, Waimauku

File No.: CP2016/01302

Purpose

1. This report seeks the Rodney Local Board Parks, Culture and Community Development Committee’s approval to a new community lease and community licence to occupy to Waimauku Pony Club Incorporated on part of Glasgow Park, Waimauku.

Executive Summary

2. The Waimauku Pony Club Incorporated (the Club) occupies a site within Glasgow Park Reserve, located off Muriwai Road, Waimauku.

3. The Club has had a presence on and occupied part of Glasgow Park since the early 1970s under the terms of numerous licences and a lease issued by the former Waitemata County and Rodney District Council. The most recent lease granted by the former Rodney District Council pertained to the dressage area and reached its final expiry on 31 July 2011.

4. The Club has made a formal application to council for a new lease and licence to occupy for part of Glasgow Park for a term of five years in accordance with the Glasgow Park Reserve Management Plan as adopted 14 October 1999.

5. This report recommends that the Rodney Local Board Parks, Culture and Community Development Committee approve a new community lease to Waimauku Pony Club Incorporated for the dressage area and shed plus a community licence to occupy (for the remainder of the area currently occupied) on Glasgow Park.

Recommendation/s

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

a) approve a community lease and community licence to occupy to the Waimauku Pony Club Incorporated for part of Glasgow Park described as Section 8 SO 315586 (Attachment B) subject to the following terms and conditions:

i) Term – 5 years commencing 1 March 2016;

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

iii) The approved Waimauku Pony Club Incorporated Community Outcomes Plan be attached to the lease document;

b) approve the Waimauku Pony Club Incorporated Community Outcomes Plan as attached to the agenda report (Attachment D).

c) approve a clause to be included in the new lease and licence to occupy to document that as the part of Glasgow Park described as Section 8 SO 315586 is owned by the Crown through DOC, only vested in trust in the council and as such, may be identified in future years for treaty settlement.

d) notes that all other terms and conditions in accordance with the Reserves Act 1977, Auckland Council Community Occupancy Guidelines 2012 and the Glasgow Park Reserve Management Plan 1999.

Comments

6. Glasgow Park Reserve is located off Muriwai Road, Waimauku. The major portion of the Park 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 (Attachment A). A treaty clause will be included in a new lease to remind all parties of the underlying Crown ownership.

7. The portion of the park occupied by the Club is described as Section 8 SO 315586, and comprises 2.5228 hectares.

8. Historically, the Club has had numerous licences and a lease for parts of Glasgow Park issued by the former Waitemata County and Rodney District Council. The most recent lease granted by the former Rodney District Council pertained to the dressage area and reached its final expiry on 31 July 2011. The lease has been effectively rolling over on a month to month basis since this date.

9. The Club has made a formal application to council for a new community lease and community licence to occupy for part of Glasgow Park for a term of five years in accordance with the Glasgow Park Reserve Management Plan as adopted 14 October 1999.

10. The Glasgow Park Hall Advisory Committee supports the grant of a lease and licence to occupy to the Waimauku Pony Club Incorporated (Attachment E details letter of support dated December 2015).

11. The Waimauku Pony Club Incorporated was incorporated under the Incorporated Societies Act 1908 on 14 September 1989. 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.

12. The Club has 110 members and caters for all ages from toddlers to seniors. The Club plans to embark on a capital programme to repair the shed. Whilst the Club has been actively fund-raising for this project, it requires a new lease to provide security of tenure.

13. The operative reserve management plan for Glasgow Park Reserve adopted 14 October 1999 contemplates a lease to the Club. The following excerpts are copied from the management plan under objectives and policies:

· Objective 11.2 policy (iv)To negotiate a new lease arrangement with the local pony club for use of part of the reserve

· Objective 11.3 To permit an area of the reserve to be leased and developed by the local pony club as this group represents a predominant recreation group in the locality and to ensure this activity does not adversely affect the use of the remainder of the reserve by others

· Policy (i) The lease area shall be over the area of the reserve identified for this use of sheet 37D of the Management Plan and shall be for a period of not greater than 5 years (Attachment C sheet 37D Glasgow Park Reserve Management Plan “Future Concept Plan”)

· Policy (ii)The area of the reserve known as the ‘ex-Steadman Block’ shall be for public use but may be available for use by the pony club subject to the condition that the area is left in a state where it is available to be used by other groups without inconvenience.

14. In 2012, Auckland Council requested a high level needs analysis be undertaken on equestrian facilities in Auckland and to work with the equestrian sport horse sector to identify their priorities for future facility provision in Auckland. Pony clubs were in scope as part of this analysis.

15. With respect to the review of the current provision (2012), use of facilities and participation levels combined with information gathered as part of the Auckland equestrian sector workshops indicated that for future provision of pony clubs, findings included:

· Pony clubs will cater for localised use and entry level participation

· There is capacity for increased and wider use of some pony clubs with greater investment into all-weather surfaces; arena, parking, surrounds and open level cross country courses reducing the need to provide and maintain these facilities at all pony clubs

· Security of tenure is an issue for the network.

16. The Equestrian Sports NZ, New Zealand Pony Club Association, Auckland Polo and Counties Manukau Polo Crosse engaged Morvern Group to undertake a detailed assessment of the future facility requirements for their codes in Auckland. In October 2014 the Auckland Equestrian Facility Plan prepared by the Morvern Group Limited was published which identified what facilities would be needed for sport horse competition in the above disciplines and sought to guide investment in facility development for the next ten years.

17. With respect to the needs of pony clubs, relevant findings (Priority: secure, maintain and invest in existing network to maximise use) as follows:

· Work with Auckland Council to secure lease arrangements for pony clubs where there are none or they are due for renewal. Ensure new leases identify land area available (i.e. site plan) for pony club use and grazing access.

18. Council staff has held a number of meetings with the Club with respect to the proposed new community lease and licence to occupy and 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 lease.

19. Council staff from relevant departments has been consulted and is supportive of the proposal.

Consideration

Local Board views and implications

20. 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 and licence to occupy to the Club is listed on the community lease work plan 2015/2016.

21. The recommendations within this report fall within the Rodney Local Board Parks, Culture and Community Development Committee’s allocated authority relating to the approval to a community lease and community licence to occupy.

Māori impact statement

22. A clause will be included in a new lease and licence to occupy to document that as the part of Glasgow Park described as Section 8 SO 315586 is owned by the Crown through DOC, only vested in trust in the council and as such, may be identified in future years for treaty settlement.

Implementation

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

Attachments

No.	Title	Page
a View	GIS aerial view showing Glasgow Park, Waimauku	43
b View	GIS aerial view showing lease and licence to occupy areas to Waimauku Pony Club Incorporated	45
c View	Sheet 37D Glasgow Park Reserve Management Plan	47
d View	Waimauku Pony Club Incorporated Community Outcomes Plan	49
e View	Letter from Glasgow Park Hall and Advisory Committee	51

Signatories

Authors

Karen Walby - Lease Advisor

Authorisers

Rod Sheridan - General Manager Community Facilities

Lesley Jenkins - Relationship Manager

Rodney Local Board Parks, Culture and Community Development Committee

15 February 2016

Renewal of lease and deed of lease for additional premises to Sandspit Yacht Club Incorporated at Algies Bay Recreation Reserve

File No.: CP2016/01310

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 Sandspit Yacht Club Incorporated at Algies Bay Recreation Reserve.

Executive Summary

2. The Sandspit Yacht Club Incorporated (the Club) occupies the site at Algies Bay Recreation Reserve on which it constructed its new clubrooms during or around 2004.

3. The Club was granted a lease by the former Rodney District Council for a period of 10 years commencing 1 October 2005. The lease provides for two 10 year rights of renewal. The Club wishes to exercise its initial right of renewal effecting an expiry date of 30 September 2025.

4. The Club has also formally applied for a deed of additional premises to recognise and formalise the additional land on which it has recently constructed a hard stand area for boats immediately adjacent to its clubrooms. The terms and conditions of the proposed deed of lease for additional premises will accord with those in the existing lease, as will the lease term for the additional premises.

5. This report recommends the Rodney Local Board Parks Culture and Community Development Committee approval to the renewal of lease and deed of additional premises to the Sandspit Yacht Club Incorporated at Algies Bay Recreation Reserve.

Recommendation/s

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

a) approves the renewal of lease to the Sandspit Yacht Club Incorporated at Algies Bay Recreation Reserve being a portion of Lot 41 DP 50684 (Attachment A), subject to the following conditions:

i) Term - 10 years commencing 1 October 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 24 May 2007 and the Algies Bay Recreation and Alexander Road Recreation Reserve Management Plan as adopted 6 September 2001

b) approves a deed of lease for additional premises to the Sandspit Yacht Club Incorporated at Algies Bay Recreation Reserve being portions of Lot 41 DP 50684 and Lot 24 DP 50684 (Attachment A), subject to the following conditions:

i) Term - 9 years, 7 months commencing 1 March 2016 expiring 30 September 2025

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 24 May 2007

Comments

6. Algies Bay Recreation Reserve is situated on the coast in the seaside settlement of Algies Bay (Attachment B). Algies Bay Recreation Reserve is located opposite the intersection of Gordon Craig place and Deerness Crescent. Algies Bay Recreation Reserve is described as Lot 41 DP 50684 and is currently held in fee simple by council as a classified recreation reserve and is subject to the provisions of the Reserves Act 1977.

7. The Club has had a presence on and occupied part of Algies Bay Recreation Reserve since the early 1970s under the terms of numerous leases issued by the former Waitemata County and Rodney District Council. One such lease (related to the previous clubrooms sited on Lot 42 DP 50684) provided for a term of 19 years commencing 1 September 1997 with final expiry date 31 August 2016. The parties agreed to terminate the lease earlier than the expiry date and the Club has since vacated the premises.

8. The Club currently occupies the site at Algies Bay Recreation Reserve (being a portion of Lot 41 DP 50684) on which it constructed its new clubrooms during or around 2004. In 2014, the Club constructed a hard stand area on the existing paving immediately adjacent to its clubrooms (being portions of Lots 24 and 41 DP 50684). The works to construct the hard stand area comprise additional concrete paving and realignment and minor extension of the pre-existing sandstone block retaining wall. Council approved the Club’s works at this time.

9. The Club was granted a lease by the former Rodney District Council for a period of 10 years commencing 1 October 2005 (Attachment C shows original lease area). The lease provides for two 10 year rights of renewal. The Club wishes to exercise its initial right of renewal effecting an expiry date of 30 September 2025. The Club has also formally requested a deed of additional premises for the land on which its recently constructed hard stand is sited and this area is shown as outlined and cross hatched in yellow on the attached plan.

10. 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 hard stand. The recommended term of deed of additional premises is synchronised with the existing community lease held by the Club.

11. The Algies Bay Recreation and Alexander Road Recreation Reserve Management Plan as adopted 6 September 2001 contemplates a lease to the Club.

12. The Sandspit Yacht Club was incorporated under the Incorporated Societies Act 1908 on 9 May 1972. Within the Club’s rules and regulations, its objects include the following:

· To promote the amateur game or sport of yachting and pleasure boating for the recreation or entertainment of the general public.

13. The Club has 50 members and provides; boating facilities, opportunities for learning the sport of sailing, race days and other boating activities to local residents, schools and relevant groups. The Club has a busy calendar each year hosting sailing events for national and international participants. The Club provides the use of its clubrooms to local residents and affiliated groups from time to time for the purpose of holding meetings, etc.

14. 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.

15. Council staff from relevant departments has undertaken two site visits 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.

16. 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.

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 Club 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.

Implementation

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

Attachments

No.	Title	Page
a View	GIS aerial view of Lot 41 DP 50684 and Lot 24 DP 50684 on Algies Bay Recreation Reserve	57
b View	Algies Bay Recreation Reserve Locality Plan	59
c View	Lease area plan from Sandspit Yacht Club Incorporated lease dated 24 May 2007	61

Signatories

Authors

Karen Walby - Lease Advisor

Authorisers

Rod Sheridan - General Manager Community Facilities

Lesley Jenkins - Relationship Manager

Rodney Local Board Parks, Culture and Community Development Committee

15 February 2016

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

File No.: CP2016/00780

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 have been received from the owners of:

· 102 Kaipara Portage Road, Riverhead

· 648 Kahikatea Flat Road, Waitoki

· 18C Jones Road, Omaha Flats

· 46 McKinney Road, Warkworth

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 :

a) grant the application for special exemption as sought for 102 Kaipara Portage Road, Riverhead with the following conditions:

i. that NZS 8500-2006 clause (a-k) is met at all times

ii. the broken lock is replaced

iii. the steps are kept 1.2m from the spa when it is not in use.

b) grant the application for special exemption as sought for 648 Kahikatea Flat Road, Waitoki with the following conditions:

i. that the self-closing and latching device on the French doors is maintained in good working order at all times.

c) grant the application for special exemption as sought for 18C Jones Road, Omaha Flats with the following conditions:

i. that NZS 8500-2006 clause (a –k) is met at all times

ii. the spa pool remain in this location.

d) grant the application for special exemption as sought for 46 McKinney Road, Warkworth, specifically for the fence and gate associated with the pool area with the following conditions;

i. that the application is personal to the current owner

ii that the pool is inspected every three years

e) decline the application for the special exemption as sought for 46 McKinney Road, Warkworth specifically for the vegetable gardens located inside the pool area unless the local board is satisfied that the vegetable gardens do not pose a risk to children 6 years or under.

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	102 Kaipara Portage Road, Riverhead (Under Separate Cover) - Confidential
b View	648 Kahikatea Flat Road, Waitoki (Under Separate Cover) - Confidential
c	18C Jones Road, Omaha Flats (Under Separate Cover) - Confidential
d	46 McKinney Road, Warkworth (Under Separate Cover) - Confidential

Signatories

Authors

Phillip Curtis - Senior Swimming Pool Specialist

Authorisers

Wolfgang Nethe - Manager Compliance

Lesley Jenkins - Relationship Manager

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