I hereby give notice that an ordinary meeting of the Parks, Recreation and Sport Committee will be held on:
Date: Time: Meeting Room: Venue:
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Wednesday, 18 May 2016 9.30am Room 1, Level
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Parks, Recreation and Sport Committee
OPEN AGENDA
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MEMBERSHIP
Chairperson |
Cr Hon Christine Fletcher, QSO |
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Deputy Chairperson |
Cr Calum Penrose |
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Members |
Cr Dr Cathy Casey |
Cr John Watson |
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Cr Bill Cashmore |
Member Glenn Wilcox |
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Cr Ross Clow |
Member Karen Wilson |
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Cr Chris Darby |
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Cr Alf Filipaina |
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Cr Mike Lee |
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Cr Dick Quax |
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Cr Sharon Stewart, QSM |
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Cr Sir John Walker, KNZM, CBE |
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Cr Wayne Walker |
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Ex-officio |
Mayor Len Brown, JP |
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Deputy Mayor Penny Hulse |
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(Quorum 8 members)
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Elaine Stephenson Democracy Advisor
13 May 2016
Contact Telephone: (09) 890 8117 Email: elaine.stephenson@aucklandcouncil.govt.nz Website: www.aucklandcouncil.govt.nz
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TERMS OF REFERENCE
Areas of Activity
· Provision of regional facilities and open space
· Regional frameworks for local facility and open space provision
· Encouraging healthy lifestyles through participation in sport and recreation sectors
· Facilitating partnerships and collaborative funding models across the sport and recreation sectors
· Performing the delegation made by the Governing Body to the former Parks, Recreation and Heritage Forum, under resolution GB/2012/157 in relation to the Dog Policy
Responsibilities
Within the specified area of activity the Committee is responsible for:
· In accordance with the work programme agreed with the parent committee, developing strategy and policy, including any agreed community consultation, to recommend to the Regional Strategy and Policy Committee
· Acting as a community interface for consultation on policies and as a forum for raising community concerns, while ensuring community engagement is complementary to that undertaken by local boards
· Making decisions within delegated powers
Powers
All powers necessary to perform the Committee’s responsibilities
Except:
(a) powers that the Governing Body cannot delegate or has retained to itself (see Governing Body responsibilities)
(b) where the Committee’s responsibility is limited to making a recommendation only
(c) where a matter is the responsibility of another committee or a local board
(d) the approval of expenditure that is not contained within approved budgets
(e) the approval of expenditure of more than $2 million other than for land purchases which shall have a limit of $5 million
(f) the approval of final policy
(g) deciding significant matters for which there is high public interest and which are controversial
(h) the commissioning of reports on new policy where that policy programme of work has not been approved by the Regional Strategy and Policy Committee
EXCLUSION OF THE PUBLIC – WHO NEEDS TO LEAVE THE MEETING
Members of the public
All members of the public must leave the meeting when the public are excluded unless a resolution is passed permitting a person to remain because their knowledge will assist the meeting.
Those who are not members of the public
General principles
· Access to confidential information is managed on a “need to know” basis where access to the information is required in order for a person to perform their role.
· Those who are not members of the meeting (see list below) must leave unless it is necessary for them to remain and hear the debate in order to perform their role.
· Those who need to be present for one confidential item can remain only for that item and must leave the room for any other confidential items.
· In any case of doubt, the ruling of the chairperson is final.
Members of the meeting
· The members of the meeting remain (all Governing Body members if the meeting is a Governing Body meeting; all members of the committee if the meeting is a committee meeting).
· However, standing orders require that a councillor who has a pecuniary conflict of interest leave the room.
· All councillors have the right to attend any meeting of a committee and councillors who are not members of a committee may remain, subject to any limitations in standing orders.
Staff
· All staff supporting the meeting (administrative, senior management) remain.
· Only staff who need to because of their role may remain.
Local Board members
· Local Board members who need to hear the matter being discussed in order to perform their role may remain. This will usually be if the matter affects, or is relevant to, a particular Local Board area.
IMSB
· Members of the IMSB who are appointed members of the meeting remain.
· Other IMSB members and IMSB staff remain if this is necessary in order for them to perform their role.
CCOs
Representatives of a CCO can remain only if required to for discussion of a matter relevant to the CCO.
Parks, Recreation and Sport Committee 18 May 2016 |
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ITEM TABLE OF CONTENTS PAGE
1 Apologies 7
2 Declaration of Interest 7
3 Confirmation of Minutes 7
4 Petitions 7
5 Public Input 7
5.1 Mark Cameron, Chief Executive Officer and Nicholas Albrecht - Auckland Cricket 7
5.2 Joint project team from West Auckland Forest and Bird, their subsidiary, Ark in the Park, and New Zealand Native Forests Restoration Trust - 111 Bethell's Road, Te Henga 8
5.3 Ken Sommers - Relocation of the Te Arai beach car park
6 Local Board Input 8
7 Extraordinary Business 9
8 Notices of Motion 9
9 General Manager's Report - Parks, Sports and Recreation 11
10 Proposed vesting of cemetery reserves 19
11 Proposed classification of 366 Massey Road, Mangere East 23
12 Proposed classification of part of Old School Reserve, 299R Kirkbride Road, Mangere 33
13 Proposed classification of part of Laurie Gibbons Memorial Park, 38R Gibbons Road, Weymouth 41
14 Revocation of recreation reserve at 42 Bancroft Cres Glendene 49
15 Consideration of Extraordinary Items
PUBLIC EXCLUDED
16 Procedural Motion to Exclude the Public 57
C1 Alternative funding opportunity for coastal reserves 57
C2 Acquisition of open space land - Huapai 57
1 Apologies
An apology from Deputy Mayor PA Hulse has been received.
2 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.
3 Confirmation of Minutes
That the Parks, Recreation and Sport Committee: a) confirm the ordinary minutes of its meeting, held on Tuesday, 26 April 2016, as a true and correct record.
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4 Petitions
At the close of the agenda no requests to present petitions had been received.
5 Public Input
Standing Order 7.7 provides for Public Input. Applications to speak must be made to the Democracy Advisor, in writing, no later than one (1) clear working day prior to the meeting and must include the subject matter. The meeting Chairperson has the discretion to decline any application that does not meet the requirements of Standing Orders. A maximum of thirty (30) minutes is allocated to the period for public input with five (5) minutes speaking time for each speaker.
5.3 Ken Sommers –Relocation of the Te Arai beach car park |
Purpose 1. Ken Sommers will address the committee regarding the effects of public access in relation to the relocation of the Te Arai beach car park. 2. The chair has accepted the request to hear the concerns however, regulatory issues in relation to the subdivision consent are under the jurisdiction of the High Court and any changes to the public easement are under the Crown Forest Assets Act 1989. |
Recommendation/s That the Parks, Recreation and Sport Committee: a) thank Ken Sommers for his presentation. |
6 Local Board Input
Standing Order 6.2 provides for Local Board Input. The Chairperson (or nominee of that Chairperson) is entitled to speak for up to five (5) minutes during this time. The Chairperson of the Local Board (or nominee of that Chairperson) shall wherever practical, give one (1) day’s notice of their wish to speak. The meeting Chairperson has the discretion to decline any application that does not meet the requirements of Standing Orders.
This right is in addition to the right under Standing Order 6.1 to speak to matters on the agenda.
At the close of the agenda no requests for local board input had been received.
7 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.”
8 Notices of Motion
At the close of the agenda no requests for notices of motion had been received.
Parks, Recreation and Sport Committee 18 May 2016 |
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General Manager's Report - Parks, Sports and Recreation
File No.: CP2016/08954
Purpose
1. To update the committee on activities undertaken by the Department of Parks, Sports and Recreation to support implementation of plans and policies of Auckland Council.
Executive Summary
2. This report has been written to update the committee across a range of issues and progress with respect to approved work programmes.
That the Parks, Recreation and Sport Committee: a) receive the update report from the General Manager – Parks, Sports and Recreation. |
Comments
Operations Stability
Achievements and Highlights
3. Contracted facility Sir William Jorden Recreation Centre has been praised for hosting the growing number of community events in this quarter. The events have been part of the stadium and recreation programme including the Wriggle and Rhyme at Onehunga Library and the Free Family Fun Day at Te Papapa Kindergarten
4. The most recent event was the Easter Family Fun Day which was highly successful collaboration with the Onehunga Business Association. The event attracted over 500 members of the local community to the Centre boosting user numbers over March and the third quarter last year.
5. Ellerslie Leisure Centre’s new gymnastics curriculum has been adapted from the YMCA New South Wales. It is proving to be successful as shown by the increase in enrolments - term 1 had 130 enrolments which is an increase of 10% from the previous year.
6. The Holiday programme was audited by the Ministry of Social Development in January to the standards and is the second Centre in New Zealand to go through the new audit process, passing with 100% compliance and without any recommendations
7. Onehunga War Memorial Pool and Leisure Centre had some positive feedback from a customer recently from when they visited during late April, including:
8. As a member we have loved the summer at Onehunga as well as the great outdoor pools, it’s all the staff that makes it such a happy place. In over 20 years I’ve been member at 5 different gyms and pool venues in Auckland and Onehunga is the best by a mile. Thanks Doug
9. The final Day of the season for Onehunga War Memorial Pool & Leisure ended with a Dog Day Out event with 190 Dogs enjoying the use of the pool and 350 spectators with their pets for a fun family event, with one family drove from Tauranga to attend.
10. The Leisure unit has recently launched a new marketing and awareness initiative called “Let’s Get into It”, designed to grow Aucklanders awareness of the array of opportunities Council provides to help them get active.
11. The concept of “Let’s Get into It” is that it can be adapted to reflect the messages we are trying to push such as:
· Let’s get into it together – encouraging friends and family to take part in activity together
· Let’s Swim It – creating awareness of our aquatics offering
· Let’s get into it for 30 minutes – showing people that time doesn’t’ have to be a barrier.
12. The initial launch has been about growing awareness of our Fitness, Group Fitness and Swimming offerings and we have seen a positive response to date and we are looking extend this over the coming months and there is an opportunity for this concept to be become the “activity brand” that can easily translate to our promotion of parks, walkways and cycle ways.
13. Marina Fitness Centre has been recognised recently for the support it has given to 89 year old man from Half Moon Bay.
14. Mr Jones had a serious back injury which meant he couldn’t lift his feet off the floor. After months of physio he was referred to the centre as part of his rehabilitation.
15. Mr Jones has praised the Centre stating “Starting back at the gym was the best thing I ever did, but I couldn’t have done it without the support of the Marina staff. The team there saved my life, they supported me every step of the way”.
16. Mr Jones continues to be active and is the oldest member at the Centre.
Auckland Domain:
17. The Watson bequest reflection pond in Auckland Domain has undergone an extensive rebuild over the last couple of years and, at the time of writing, was about to be re-opened. The original pond and associated statues were tendered in 1954 and officially unveiled on 19 October 1955. They were a bequest from Alexander Richard Dickey Watson (hence the area is commonly referred to as Watson’s Bequest). Mr Watson was born in, and for many years was a resident of, Auckland. The bequest and associated sculpture commemorated the first 100 years of the history of the city of Auckland. The pond was designed by Tibor Donor, the significant Auckland City Council architect and the stonework was done by Scarborough Bros of Scarborough Terrace fame. The Statue consists of three figures representing Auckland finding its strength, wisdom, and fertility. The pond was described as a free form modernist influenced pond to create a setting for the statues and includes and an elaborate mosaic. The statue and pond were originally proposed for Albert Park but it was decided that the Domain was a more appropriate site. The cost of construction was £8,231 (Auckland City 1993:21).
18. And here it is in 1964…
Auckland Domain Master Plan:
19. Consultation on the Auckland Domain Master Plan ran during February and March 2016, approximately 300 people and organisations provided feedback on the master plan via email, Shape Auckland, and at the open days at the Domain and the Lantern Festival.
20. One of the questions canvassed in the online questionnaire was the level of community support for the following four major shifts:
· Consolidating car parking
· Kari Street nursery repurpose
· Closing roads and
· Creating play space
21. The feedback was in favour of all proposals with the idea of redeveloping the Kari Street nursery receiving the most support and least disapprovals. Please note that the Kari Street nursery is the site off Grafton Road – the nursery site adjacent to and supporting the Wintergardens is to be retained as it is essential to the servicing of the horticultural displays in and around Auckland Domain including the Winter Gardens. There was also support for providing for cyclists and pedestrians and improving the quality of the sports fields. The Auckland Domain Committee will informally consider this feedback before consequential changes to the Master Plan are made with the intent of adopting the Master Plan in June/July 2016.
22. The first Maunga Authority promoted event – ‘Love your Maunga’ day was held at Maungawhau on Sunday 10 April and attracted approximately 150 visitors.
Installation and unveiling of Niue War Memorial in Puketapapa:
23. A new war memorial was unveiled and blessed in an Anzac Ceremony on Saturday 23 April. The memorial, which forms part of a master cultural plan, commemorates the Niuean men who fought for New Zealand in World War 1.
24. April has been a busy month for Botanic Gardens; collaborating with stakeholders and hosting several activities and events. The month started with the Sunrise Hospice Walk, an annual fundraising event run by Totara Hospice, South Auckland. More than 1,000 people turned up to walk the 5km route through the site which ended in a celebration for loved ones. This was immediately followed by the annual environmental event managed by both the Manukau Beautification Trust and Auckland Botanic Gardens. The award winning event brings together a large number of stakeholders to deliver activities over three days to over 1,400 school children. This year’s theme was ‘Water for Life’, focusing on the three C’s of keeping water ‘Cool and Clear for Creatures’ learning about the importance for stream and sea management. Partners and community groups participated in the ‘Family Day’ and an array of environmentally themed activities drew a crowd of approximately 10,000 visitors. The evening ended with the Wearable Arts catwalk extravaganza featuring over 80 entries from schools throughout South Auckland.
25. As part of the New Zealand Gardens Trust, the Gardens staff also hosted international speaker Dr. Richard Benfield; Professor of Geography from the Central Connecticut State University, Chair of the International Garden Tourism Network and renowned guru of garden tourism. Dr. Benfield spoke to the public and private garden owners, managers, representatives from ATEED and other stakeholders. A fascinating insight into the garden tourism world, it was evident that garden visiting is a major activity in Auckland and an opportunity exists to improve the profile and value of this activity within the Auckland Tourism market as well as nationally with Tourism New Zealand.
26. Local board informal feedback on the Greenways Design guide closed at the end of April, with the guide anticipated to be finalised by the end of May 2016. The draft parks and open space programme for greenways over the next three years has been shared with Local Boards during workshops as part of the annual plan. Parks, Recreation and Sport Committee workshop and report endorsed the approach for delivering greenways with key partners, as part of an a connected active transport network.
Issues / Challenges
Rabbit control in Western Springs Lakeside Reserve:
27. Rabbit populations have grown to a point where control was required. The estimated site population was over 680.
28. A target of was set to reduce the population by at least 80%.
29. Controlled night shooting has been used, with a kill rate of 319 rabbits to date. Up to 4 night shoots may be used. This includes safety plans, notification plans and liaison with the Police.
Community Facilities:
30. Discussions between Community Facilities, Auckland Transport and Auckland Council Procurement are ongoing as part of the scoping for the maintenance contracts that will be put to the market late in 2016.
31. The Pathway to Podium programme is run in conjunction with Auckland Council, Aktive and Sport New Zealand and aims to provide targeted individual support to athletes throughout Auckland.
32. Tupou Neiufi is a 14 year old para-swimmer from South Auckland who is part of the programme and recently approached Moana Nui a Kiwa and Papatoetoe Leisure Centres for support with her training which included access to the gym and pool facilities.
33. Tupou has praised centre managers Mike Brown, Waitangi Mika and their facility teams for all their help and support during her training.
34. Auckland Council’s involvement with the programme was recognised at an event held by Aktive on the 21 March.
35. All the training was worthwhile as she took part in the NZ Open championships which is a qualifying event for the Rio Olympics. During the national championships she won one gold and one bronze medals and she went under the qualifying time to be nominated for selection in the Olympics undertaking the 100 backstroke. She now has to wait till mid-May to find out whether she has a place.
36. Tupou’s mum was eager to thank Auckland Council’s involvement, stating “we would like to thank both managers and staff for their amazing support over the past couple of months. You have all played a big part in Tupou’s journey and both she and family really appreciated it”.
37. On the 26 April Tupou presented certificates on behalf of Pathway to Podium and Aktive to the centre managers as a way of congratulating them on their support of her and the programme.
38. Nicole Youman from Aktive can’t praise Auckland Council and the involved centres and staff enough stating “I would like to reiterate how much Aktive and the P2P programme values the partnership with Auckland Council. The way in which both Waitangi and Mike and their teams have welcomed Tupou into their facilities is truly special. We are excited to continue to grow this relationship to ensure all P2P athletes have access to local facilities and the opportunity to inspire their community”.
Projects
39. The Manager of Regional Parks has been working with the Friends of Regional Parks to support the development of a Vision and Values Plan that aligns to the Council’s strategies for the next 50 years of regional parks.
40. Lynfield Youth and Leisure Centre has been running workshops and activities for the youth of its local community as part of the YMCA’s ‘Raise Up’ programme.
41. Recently the Centre has had youths who are part of the programme giving back to the local community by initiating a mural project.
42. A mural artist has completed a series of paintings and design workshops with local youth contributing to the design of the mural. The Fitness Club and Roskill Room courtyard was painted with a blank white wall for the project. The tiles have different design elements from a selection of cultures including Pasifika, Maori, European, Celtic, Greek, Indian, Islamic and Chinese design with each design was sprayed onto the background of the mural.
43. A successful opening ceremony was held with 170 people in attendance including local board members.
Playground renewal and upgrade completed in Orakei:
44. The project renewing and upgrading the playground at Madills Farm in Kohimarama has been completed. The project has been in the design, consultation and planning stage for over a year, and the playground was under construction for seven weeks. Play value has been increased at the playground in response to great feedback from local school children and the Kohiamarama community. The Orakei Local Board opened the playground on Saturday 16 April and it has been a popular destination for many families over the school holiday period.
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Consideration
Local Board views and implications
46. There has been no specific engagement with local boards in relation to this update report. Programmes and initiatives associated with Local and Sports Parks, together with Pools and Leisure are led by Local Boards. Local Boards are consulted with respect to specific operational aspects of Regional Parks and Cemeteries within their District
Māori impact statement
47. There has been no specific engagement with Māori in relation to this update report. The report briefly summarises the status of initiatives and projects which are however, on an individual basis, the subject of engagement with Māori.
Implementation
48. No issues.
There are no attachments for this report.
Signatories
Author |
Mace Ward - General Manager Parks, Sports and Recreation |
Authoriser |
Ian Maxwell - Director Community Services |
Parks, Recreation and Sport Committee 18 May 2016 |
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Proposed vesting of cemetery reserves
File No.: CP2016/05850
Purpose
1. To consider the request by Auckland Regional Public Health Service on behalf of the Ministry of Health to approve the vesting of cemetery reserve land from the Crown to Auckland Council.
Executive Summary
2. In 1933 the Governor General delegated powers under the Cemeteries Act 1908 to appoint and remove trustees for twelve cemeteries to Rodney County Council by way of an Order in Council published in the New Zealand Gazette, No. 67, page 2429.
3. Since that time, five cemeteries have been vested in council, one has been transferred into private ownership and six remain in Crown ownership managed by trustees.
4. When the new Burial and Cremation Act came into force in 1964, there were no savings provisions for these delegations. As a result, any appointment of trustees after 1964 via a council-administered process was inadvertently ultra vires.
5. The effect of this for the six crown owned cemeteries is that there are currently no legally appointed trustees in place to manage the cemeteries. As a result, the Ministry of Health is requesting that control and management of the cemetery reserves should be vested in Auckland Council.
6. The cemeteries are well run with few if any complaints and are meeting the needs and desires of their local communities.
7. The situation is not unique to Auckland and accepting the vesting of these reserves will incur additional costs for Auckland Council for grounds maintenance and renewals.
That the Parks, Recreation and Sport Committee: a) approve in principle that discussions continue with the Auckland Regional Public Health Service to enable the following cemeteries as listed in the table below to remain in Crown ownership with trustees appointed to provide local management.
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Comments
8. In 1933 the Governor General delegated powers under the Cemeteries Act 1908 to appoint and remove trustees for twelve cemeteries to Rodney County Council by way of an Order in Council published in the New Zealand Gazette, No. 67, page 2429.
9. Since that time, five cemeteries have been vested in council, one has been transferred into private ownership and six remain in Crown ownership managed by trustees as shown in Table One.
Table One: Current ownership of Cemeteries from 1933 Gazette Notice in Rodney County Council area
Cemetery Name |
Address |
Legal Description |
Ownership |
Area (Ha) |
Hoteo North Cemetery |
623 Wayby Station Rd, Hoteo North |
Pt Section 10A Blk XVI Otamatea SD - Parcel ID 4904455 Gaz 1888 p677 |
Underlying Crown vested in Auckland Council |
1.7456 |
Kaipara Flats Cemetery |
1703 Kaipara Hills Rd, Kaipara Flats |
Pt Allotment 202 Parish of Tauhoa - Parcel ID 5125112 Gaz 1914 p1004 |
Underlying Crown vested in Auckland Council |
2.0080 |
Puhoi Cemetery |
160 Ahuroa Rd, Puhoi |
Pt Allot 14A Psh Of Puhoi SO 3584 Parcel ID 4741705 Gaz 1891 p1491 |
Underlying Crown vested in Auckland Council |
4.3916 |
Te Kapa Cemetery |
70 Miller Way, Te Kapa |
Allotment 195 PSH OF Mahurangi - Parcel ID 4751638 Gaz 1887 p579 |
Underlying Crown vested in Auckland Council |
4.0468 |
Wellsford Cemetery |
80 School Rd, Wellsford |
Allotment SW119 PSH OF Oruawharo - Parcel ID 4964735 Gaz 1887 p1149 |
Underlying Crown vested in Auckland Council |
2.0234 |
Leigh |
37 Harbourview Road, Leigh |
Allot 77 Leigh Village SO 4288 (0.693HA), Pt Allot 76 Leigh Village (0.0936HA) |
Crown |
0.7866 |
Matakana |
Lot 1 DP 12837, Leigh Road Matakana 0985 |
Lot 1 DP 12837 (0.0192HA), Lot 2 DP 12837 (0.0283HA), Pt Allot 41 Psh Of Matakana DP 8755 (0.4047HA) |
Crown |
0.4522 |
Puka Puka |
149 Puka Puka Rd, Mahurangi |
Allot 205 Psh Of Mahurangi SO 21533 (0.1695HA) |
Crown |
0.1695 |
Te Arai |
Allot NW28 SO 7274, Cemetery Road Te Arai 0975 |
Allot NW28 Psh Of Arai SO 7274 (2.0234HA) |
Crown |
2.0234 |
Wayby |
Sec 34A SO 2905, Wayby Station Road Wayby 0972 |
Sec 34A Blk XII Pakiri Survey District SO 2905 (1.1331HA) |
Crown |
1.1331 |
Whangateau Cemetery |
483 Leigh Rd, Warkworth |
Allotment 156C PSH OF Omaha - Parcel ID 4974191 Gaz 1892 p1263 |
Crown |
1.9728 |
Port Albert |
Lot 2 DP 337510, Underwood Road Port Albert 0973 |
Lot 2 DP 337510 (1.2095HA) |
Private |
1.2095 |
10. When the new Burial and Cremation Act came into force in 1964, there were no savings provisions for these delegations. As a result, any appointment of trustees after 1964 via a council-administered process was inadvertently ultra vires.
11. The effect of this for the six crown owned cemeteries is that there are currently no legally appointed trustees in place to manage the cemeteries. As a result, the Ministry of Health has requested that control and management of the cemetery reserves should be vested in Auckland Council.
12. These are all historical cemeteries that were opened in the mid to late nineteenth century to provide burial space for the local rural community. On average they each cater for 2-3 burials each year. The cemeteries are well maintained and are an important link to the heritage of the area.
13. A number of options have been considered:
|
Option |
Benefits |
Risks |
1 |
Trustees are appointed via the Governor General and a retrospective local members bill enables the savings provisions to be enabled. |
· Cemeteries are being operated on a legal basis from the time that trustees are appointed by the Governor General · Local members bill will correct historical oversights and will give validity to actions taken by trustees in the past |
· Local members bill could take some time to be considered and there is not a guaranteed outcome |
2 |
Auckland Council accepts vesting of cemetery reserves and takes on their management directly |
· Experienced management team in place · Existing maintenance and sexton duties contracts in place that could be varied to include the additional cemeteries · Existing Bylaw and Code of Practice modified to include the additional cemeteries · Existing Health and Safety and Quality Management systems in place |
· Increased cost to Council for grounds maintenance and renewals
|
3 |
Auckland Council accepts vesting of cemetery reserves and provides direct management with a community management committee appointed to enable local input |
· As above plus · Some level of local involvement in cemetery management |
· Increased cost to Council for grounds maintenance and renewals · Increased level of resourcing required for staff to set up and provide support to the community management committee |
4 |
Auckland Council accepts vesting of cemetery reserves and provides management via community trusts |
· High level of local involvement in cemetery management |
· Cost and resources to set up six new community trusts · Increased level of administration and supervision required from Council staff · Not covered by existing maintenance and sexton duty contracts and current practices at some sites do not meet Council specifications · Not covered by existing Health and Safety and Quality Management systems |
14. Option one is recommended to enable these local cemeteries to remain in community stewardship. Once the trustees have been appointed by the Governor General they will have legal status and will be able to manage the cemeteries.
15. It is recommended that if there are any cemeteries where the trustees do not wish to continue their role, Auckland Council would accept the vesting of those reserves. Specific approval would be sought in a future report.
Consideration
Local Board views and implications
16. A meeting was held with the Rodney Local Board 2 May 2016 to consider this matter and provide feedback.
17. The board considered that the needs and desires of the local communities were being well met by the current structures, and would like to see that continue in the future. Support was expressed for pursuing a local members bills to correct the oversight from 1964.
Māori impact statement
18. Te Ao Māori will be considered in preparing a cemetery management plan, including three key areas, Te Reo Māori (Māori language), tikanga Māori (protocols and customs) and Te Tiriti o Waitangi (the Treaty of Waitangi). Together, these three areas will provide a broad overview, and a better understanding of Māori culture and Māori realities for the delivery of cemetery services.
19. Consultation was undertaken for the development of the Cemeteries and Crematoria Bylaw 2014 / Te Ture ā-Rohe mo gā Wāhi Tapu me ngā WhareTahu Tupāpaku 2014 and Cemeteries and Crematoria Code of Practice 2014 / Arataki Tikanga mo ngā Wāhi Tapu me ngā Whare Tahu Tupāpaku 2014. The Code of Practice, in particular, provides for Te Ao Māori.
There are no attachments for this report.
Signatories
Author |
Catherine Moore - Manager Auckland Cemeteries |
Authoriser |
Mace Ward - General Manager Parks, Sports and Recreation |
Parks, Recreation and Sport Committee 18 May 2016 |
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Proposed classification of 366 Massey Road, Mangere East
File No.: CP2016/07652
Purpose
1. To approve the classification of land at 366 Massey Road, Mangere East as local purpose (community buildings) reserve pursuant to Section 16 (2A) (a), of the Reserves Act 1977 to enable a lease to STRIVE Community Trust (the Trust) to be executed.
Executive Summary
2. 366 Massey Road, Mangere East (the Land) is described as Lot 6 DP42220 comprising 2178m² and contained in NA9B/1379 (Lot 6). Lot 6 is held by Auckland Council as an unclassified reserve and subject to the Reserves Act 1977. Lot 6 is neither held for recreation reserve or local reserve purposes (Attachment A: Site plan of proposed classification of 366 Massey Road, Mangere East).
3. By Transfer No. C.848493.1 registered against NA9B/1379 on 1 June 1995, Lot 6 was transferred from the Trustees of the Mangere Grand Lodge No.330 to the Manukau City Council for the purposes of a reserve pursuant to the Reserves Act. The transfer did not recite what purpose the reserve was being acquired for.
4. The Trust has a lease for part of the Auckland Council owned facility on the Land. The portion of the facility not leased to the Trust is open for the public and other community groups to use. This building is the only facility on the Land. The activity of the Trust is of a local purpose nature rather than recreation and the land is not large enough to support recreation groups.
5. On 9 December 2015 a resolution was passed by the Mangere-Otahuhu Local Board supporting the classification of 366 Massey Road, Mangere East (Attachment A: Local Board Resolution MO/2015/214).
6. Classification under the Reserves Act is a statutory process required to be undertaken by all reserve administering bodies. The classification action required for this reserve will in no way alter or affect the current activities of the land users. The Trust has been advised of the proposed classification. Council has the authority to classify the reserve in terms of Section 16 (2A) (a) of the Reserves Act 1977. The Reserves Act does not require the public notification of council’s intention to classify any lands owned by Auckland Council that are already held by the council as unclassified reserves.
7. Classification of the Land will enable staff to execute the community lease to the Trust as resolved upon by the Mangere-Otahuhu Local Board.
That the Parks, Recreation and Sport Committee: a) resolve, pursuant to Section 16 (2A) (a) of the Reserves Act 1977, to classify the land at 366 Massey Road, Mangere East being Lot 6 DP 42220 comprising 2178m² and contained in NA9B/1379 as local purpose (community buildings) reserve. |
Comments
8. The Trust has a community lease with Auckland Council for the Land and the Council owned building. The description and acquisition of the land is as follows:
· 366 Massey Road, Mangere East (the Land) is described as Lot 6 DP42220 comprising 2178m² and contained in NA9B/1379 (Lot 6). Lot 6 is held by Auckland Council as an unclassified reserve and subject to the Reserves Act 1977. Lot 6 is neither held for recreation reserve or local reserve purposes.
· By Transfer No. C.848493.1 registered against NA9B/1379 on 1 June 1995, Lot 6 was transferred from the Trustees of the Mangere Grand Lodge No.330 to the Manukau City Council for the purposes of a reserve pursuant to the Reserves Act. The transfer did not recite what purpose the reserve was being acquired for.
9. The Trust has a lease for part of the Auckland Council owned facility on the Land. The portion of the facility not leased to the Trust is open for the public and other community groups to use. This building is the only facility on the Land. The activity of the Trust is of a local purpose nature rather than recreation and the land is not large enough to support recreation groups.
10. On 9 December 2015 a resolution was passed by the Mangere-Otahuhu Local Board supporting the classification of 366 Massey Road, Mangere East (Attachment A: Local Board Resolution MO/2015/214 and Attachment B: Site Plan of 366 Massey Road, Mangere East as a local purpose (community buildings) reserve.
11. Council has the authority to classify the reserve in terms of Section 16 (2A) (a) of the Reserves Act 1977. The classification is a statutory process required to be undertaken by all reserve administering bodies. The Reserves Act does not require the public notification of council’s intention to classify any lands owned by Auckland Council that are already held by the council as unclassified reserves.
12. The classification action required for this reserve will in no way alter or affect the current activities of the Trust. The Trust has been advised of the proposed classification.
13. Although there is no requirement under Section 16 (2A) of the Reserves Act to consult iwi Section 4 of the Conservation Act 1987 is the driver for iwi consultation with reserve lands and reads: “This Act shall so be interpreted and administered as to give effect to the principles of the Treaty of Waitangi”. Auckland Council is expected and as good practice to fulfil the obligations of Section 4 on behalf of the Crown as treaty partner when dealing with either council owned or council managed reserves. As such, mana whenua identified as having an interest in the land mentioned in paragraph 2 above have been consulted on the proposal.
14. Classification of the land will enable staff to execute the community lease to the Trust as resolved upon by the Mangere-Otahuhu Local Board.
Consideration
Local Board views and implications
15. The Mangere-Otahuhu Local Board resolved to support the classification of 366 Massey Road, Mangere East as a local purpose (community buildings) reserve.
Māori impact statement
16. Iwi consultation took place in March and April 2016 with the thirteen mana whenua contacts for the Mangere-Otahuhu Local Board area. Three responses were received as follows:
· Te Runanga o Ngati Whatua – defer interest to Te Akitai
· Ngai Tai Ki Tamaki – happy for other iwi to take care of this
· Te Akitai Waiohua – comments/concerns/objections to the consideration of the cultural significance of the site, clarification of the Reserves Act 1977 and consultation process
17. Staff responded to the issues raised by Te Akitai Waiohua about cultural values and the Reserves Act 1977 in an email on 4 May 2016. The cultural values existing within or under the land are protected by the Reserves Act 1977. At the time of writing this report no response has been received.
18. Staff acknowledge in this instance that iwi consultation on the classification of the reserve should have occurred prior to the report to the Mangere-Otahuhu Local Board on 17 February 2016 requesting its support for the classification.
19. Te Waka Angamua is facilitating an appropriate response to the consultation process concerns raised by Te Akitai Waiohua. As a result of the issues raised, Community Leasing has also adopted a protocol subject to discussion with Te Waka Angamua to ensure improved consultation practises are followed.
Implementation
20. If the Committee resolves to classify the land as local purpose (community buildings) reserve this will allow the community lease to the Trust to be executed.
21. There are no cost implications for Auckland Council associated with the classification.
No. |
Title |
Page |
aView |
Site plan of proposed classification of 366 Massey Road, Mangere East |
27 |
bView |
Mangere-Otahuhu Local Board Resolution MO/2015/214 dated 9 December 2015 |
29 |
Signatories
Author |
Donna Cooper - Lease Advisor |
Authorisers |
Rod Sheridan - General Manager Community Facilities Mace Ward - General Manager Parks, Sports and Recreation |
Parks, Recreation and Sport Committee 18 May 2016 |
|
Proposed classification of part of Old School Reserve, 299R Kirkbride Road, Mangere
File No.: CP2016/07655
Purpose
1. To approve the classification of part of Old School Reserve, 299R Kirkbride Road as a local purpose (community buildings) reserve pursuant to Section 16(1) of the Reserves Act 1977 to enable the lease to Tavaesina Trust Board (the Trust) to be executed.
Executive Summary
2. Old School Reserve is made up of seven parcels of land (the Land). Only two of those parcels of land require classification to align the activities of the community groups in occupation to the appropriate reserve classification. The two parcels are described as follows:
· Part Allotment 74 Manurewa Parish, SO 1340C and contained in Part NA89C/12 being 809 m²;
· Allotment 366 Manurewa Parish, SO 46259 and contained in Part NA89C/12 being 1.1078 hectares
3. These two parcels are both held in fee simple by Auckland Council as unclassified recreation reserves and subject to the Reserves Act 1977. Parent titles would indicate that both parcels were formerly held by the Auckland Education Board and occupied by a school. Between 1971 and 1992 the Manukau City Council acquired both parcels from the Crown as a recreation reserve (Attachment A: Site plan of proposed classification of part of Old School Reserve).
4. The activity of the Trust is of a local purpose nature rather than recreation. The three other community groups occupying the two parcels of land that are also of a local purpose nature and have been advised of the proposed classification. The classification of the land would assist staff when the leases to these groups come up for renewal or review.
5. On 17 February 2016 the Mangere-Otahuhu Local Board passed a resolution supporting the classification of part of Old School Reserve as a local purpose (community buildings) reserve, supporting the sale and transfer of the building located on the Land to Tavaesina Trust Board (the Trust) and granting a new community lease to the Trust (Attachment B: Local Board Resolution MO/2016/8).
6. Council has the authority to classify the reserve in terms of Section 16(1) and for one of the three council staff appointed as delegates of the Minister of Conservation to sign a gazette notice declaring the classification and to arrange to publish a notice in the New Zealand Gazette. No objections or submission were received from the public notification process advising of Council intention to classify the two parcels of Old School Reserve.
7. Classification under the Reserves Act is a statutory process required to be undertaken by all reserve administering bodies. The classification action required for this reserve will in no way alter or affect the current activities of the community groups occupying the land.
8. Classification of the land will enable staff to execute the lease to Tavaesina Trust Board as resolved upon by the Mangere-Otahuhu Local Board.
That the Parks, Recreation and Sport Committee: a) resolve, pursuant to Section 16(1) of the Reserves Act 1977, to classify the following parcels of land as local purpose (community buildings) reserve: i) Old School Reserve, 299R Kirkbride Road, Mangere being Part Allotment 74 Manurewa Parish, SO 1340C and contained in Part NA89C/12 being 809 m² and Allotment 366 Manurewa Parish, SO 46259 and contained in Part NA89C/12 being 1.1078 hectare. |
Comments
9. Old School Reserve is made up of seven parcels of land (the Land). Only two of those parcels of land require classification to align the activities of the community groups in occupation to the appropriate reserve classification. The two parcels are described as follows:
· Part Allotment 74 Manurewa Parish, SO 1340C and contained in Part NA89C/12 being 809 m²;
· Allotment 366 Manurewa Parish, SO 46259 and contained in Part NA89C/12 being 1.1078 hectares
10. These two parcels are both held in fee simple by Auckland Council as unclassified recreation reserves and subject to the Reserves Act 1977. Parent titles would indicate that both parcels were formerly held by the Auckland Education Board and occupied by a school. Between 1971 and 1992 the Manukau City Council proceeded to acquire both parcels from the Crown as a recreation reserve over a 25 year period by way of a deferred payment licence authorised under the Land Act 1948 (Attachment A: Site plan of proposed classification of part of Old School Reserve).
11. The activity of the Trust is of a local purpose nature rather than recreation. There are three other community groups occupying the two parcels of land that are also of a local purpose nature. The classification of the land would assist staff when the leases to these groups come up for renewal or review
12. On 17 February 2016 the Mangere-Otahuhu Local Board passed a resolution supporting the classification of part of Old School Reserve as a local purpose (community buildings) reserve, supporting the sale and transfer of the building located on the Land to Tavaesina Trust Board (the Trust) and granting a new community lease to the Trust (Attachment B: Local Board Resolution MO/2016/8). The transfer of ownership of the building from Loimata O Le Alofa Trust to Tavaesina Trust Board and the granting of a lease to the Trust Board are subject to the classification of the land to align with its activities
13. Council has the authority to classify the reserve in terms of Section 16(1) and for one of the three council staff appointed as delegates of the Minister of Conservation to sign a gazette notice declaring the classification and to arrange to publish a notice in the New Zealand Gazette. No objections or submission were received from the public notification process advising of Council intention to classify the two parcels of Old School Reserve.
14. Section 4 of the Conservation Act 1987 is the driver for Iwi consultation for reserve land and reads: “This Act shall so be interpreted and administered as to give effect to the principles of the Treaty of Waitangi”. Auckland Council is expected and as good practice to fulfil the obligations of Section 4 on behalf of the Crown as treaty partner when dealing with either council owned or council managed reserves. As such, mana whenua identified as having an interest in the lands mentioned in paragraph 8 above have been consulted on the proposal.
15. Classification under the Reserves Act is a statutory process required to be undertaken by all reserve administering bodies. The classification action required for this reserve will in no way alter or affect the current activities of the community groups occupying the land.
Consideration
Local Board views and implications
16. On 17 February 2016 the Mangere-Otahuhu Local Board resolved to support classifying part of Old School Reserve as a local purpose (community buildings) reserve.
Māori impact statement
17. Iwi consultation took place in March and April 2016 with the thirteen mana whenua contacts for the Mangere-Otahuhu Local Board area. Five responses were received as follows:
· Te Runanga o Ngati Whatua – defer interest to Te Akitai
· Ngai Tai Ki Tamaki – leaves classification to other iwi
· Ngati Te Ata Waiohua – no engagement required
· Ngati Whatua o Orakei – defer those interest to Te Akitai
· Te Akitai Waiohua – comments/concerns/objections to the consideration of the cultural significance of the site, clarification of the Reserves Act 1977 and consultation process
18. Staff responded to the issues raised by Te Akitai Waiohua about cultural values and the Reserves Act 1977 in an email on 4 May 2016. The cultural values existing within or under the land are protected by the Reserves Act 1977. At the time of writing this report no response has been received.
19. Staff acknowledge in this instance that iwi consultation on the classification of the reserve should have occurred prior to the report to the Mangere-Otahuhu Local Board on 17 February 2016 requesting its support for the classification.
20. Te Waka Angamua is facilitating an appropriate response to the consultation process concerns raised by Te Akitai Waiohua. As a result of the issues raised, Community Leasing has also adopted a protocol subject to discussion with Te Waka Angamua to ensure improved consultation practises are followed.
Implementation
21. The cost implications for Auckland Council are associated with the publication of the Gazette notice estimated at $100.00.
No. |
Title |
Page |
aView |
Site plan of proposed classification of part of Old School Reserve, 299R Kirkbride Road, Mangere |
37 |
bView |
Mangere-Otahuhu Local Board Resolution MO/2016/8 dated 17 February 2016 |
39 |
Signatories
Author |
Donna Cooper - Lease Advisor |
Authorisers |
Rod Sheridan - General Manager Community Facilities Mace Ward - General Manager Parks, Sports and Recreation |
Parks, Recreation and Sport Committee 18 May 2016 |
|
Proposed classification of part of Laurie Gibbons Memorial Park, 38R Gibbons Road, Weymouth
File No.: CP2016/07660
Purpose
1. To approve the classification of part of Laurie Gibbons Memorial Park, 38R Gibbons Road, Weymouth as a recreation reserve pursuant to Section 16 (1) of the Reserves Act 1977 to enable the lease to Weymouth Rugby Football Club Incorporated (the Club) to be executed.
Executive Summary
2. On 19 November 2015 the Manurewa Local Board passed a resolution supporting the classification of part of Laurie Gibbons Memorial Park described as Allotment 36A Village of Weymouth (Allotment 36A) as a recreation reserve pursuant to Section 16 (1) of the Reserves Act 1977 and granting a new community lease to Weymouth Rugby Football Club Incorporated for a term of 5 years commencing 1 December 2015 with one 5 year option of renewal (Attachment A: Manurewa Local Board Resolution MR/2015/202).
3. The Club occupies part of Allotment 36A which forms the southern portion of Laurie Gibbons Memorial Park. Allotment 36A comprises 3.6245 hectares and is currently held by the Crown through Department of Conservation as an unclassified recreation reserve and subject to the Reserves Act 1977 (Attachment B: Site Plan of Allotment 36A Village of Weymouth, Laurie Gibbons Memorial Park).
4. Once Allotment 36A has been classified as a recreation reserve by council, Allotment 36A would then vest automatically in the council, in trust, for recreation purposes by virtue of Section 26A (1) and (2) of the Reserves Act. The Crown reserves the right to cancel the vesting should the reserve be required for Treaty settlement redress. If Treaty settlement redress was proposed over this site the Crown would consult with council on the protection of any third party and public interests and seek agreement for a change. Typically reserve status is retained if underlying title transfers from the Crown to mana whenua. Prior to classification, iwi consultation is required under Section 4 of the Conservation Act 1987.
5. Public advertising of the council’s intention to classify is not required since an exemption is provided by Section 16 (5) (a) of the Reserves Act, which states that no public notice shall be necessary where the classification proposed for any reserve is substantially the same as the purpose for which the reserve was held and administered immediately before the commencement of the Reserves Act. In this case Allotment 36A was previously held as a domain under the Reserves and Domains Act 1953. Section 16 (7) of the Reserves Act states where any existing reserve was held as a domain before the commencement of that Act, it shall be controlled and managed under the provisions of that Act relating to recreation reserves, pending its classification.
6. Classification under the Reserves Act is a statutory requirement to be undertaken by all reserve administering bodies. The classification will validate the Sports Park Management Plan approved in 2007 and enable staff to execute a lease to Weymouth Rugby Football Club Incorporated as resolved upon by Manurewa Local Board.
That the Parks, Recreation and Sport Committee: a) resolve, pursuant to Section 16 (1) of the Reserves Act 1977, to classify part of Laurie Gibbons Memorial Park being Allotment 36A Village of Weymouth as a recreation reserve. |
Comments
7. On 19 November 2015 the Manurewa Local Board passed a resolution supporting the classification of part of Laurie Gibbons Memorial Park described as Allotment 36A Village of Weymouth (Allotment 36A) as a recreation reserve pursuant to Section 16 (1) of the Reserves Act 1977 and granting a new community lease to Weymouth Rugby Football Club Incorporated for a term of 5 years commencing 1 December 2015 with one 5 year option of renewal (Attachment A: Manurewa Local Board Resolution MR/2015/202).
8. The Club occupies Allotment 36A which forms the southern portion of Laurie Gibbons Memorial Park. Allotment 36A comprises 3.6245 hectares and is currently held by the Crown through Department of Conservation as an unclassified recreation reserve and subject to the Reserves Act 1977.
9. In 1892 Allotment 36A was permanently reserved as a recreation reserve by the Crown under the Land Act 1885. In 1951 the Crown declared Allotment 36A to be known as the Weymouth Domain and appointed the Weymouth Domain Board to manage the domain. In 1968 the Weymouth Domain was declared by the Crown to form part of the Crown owned Manukau City Domain under the management of the Manukau City Council.
10. From 1968 to the present day, Allotment 36A has formed part of the Manukau City Domain pending its classification under the Reserves Act 1977 as a recreation reserve and with the Auckland Council having inherited the control and management of Allotment 36A from the former Manukau City Council.
11. Auckland Council can therefore only continue to control and manage Allotment 36A for recreation purposes, pending classification under the Reserves Act which the council can complete under its powers delegated to it by the Minister of Conservation.
12. Once Allotment 36A has been classified as a recreation reserve by council, Allotment 36A would then vest automatically in the council, in trust, for recreation purposes by virtue of Section 26A (1) and (2) of the Reserves Act. The Crown reserves the right to cancel the vesting should the reserve be required for Treaty settlement redress. Prior to classification, iwi consultation is required under Section 4 of the Conservation Act 1987.
13. Public advertising of the council’s intention to classify is not required since an exemption is provided by Section 16 (5) (a) of the Reserves Act, which states that no public notice shall be necessary where the classification proposed for any reserve is substantially the same as the purpose for which the reserve was held and administered immediately before the commencement of the Reserves Act. In this case Allotment 36A was previously held as a domain under the Reserves and Domains Act 1953. Section 16 (7) of the Reserves Act states where any existing reserve was held as a domain before the commencement of that Act, it shall be controlled and managed under the provisions of that Act relating to recreation reserves, pending its classification.
14. Once classification was completed and the subsequent vesting action had been triggered, Council could proceed with the lease to the Club in terms of Section 54 (1) of the Reserves Act in the normal way. The lease would include a treaty clause advising all parties that the land had underlying Crown ownership and was subject to possible identification by the Crown for treaty redress.
15. Classification and vesting of Allotment 36A would also validate the Sports Park Management Plan approved in 2007 for the Laurie Gibbons Memorial Park in so far as Allotment 36A was concerned, since the lease to the Club is in conformity with and contemplated by the plan, and so the usual public advertising and local iwi consultation required prior to the new lease being executed would be exempted by virtue of Section 54 (2A) (a) of the Reserves Act.
16. Classification under the Reserves Act is a statutory requirement to be undertaken by all reserve administering bodies. The classification will validate the reserve management plan and enable staff to execute a lease to Weymouth Rugby Football Club Incorporated as resolved upon by Manurewa Local Board.
Consideration
Local Board views and implications
17. On 19 November 2015 the Manurewa Local Board resolved to support the classifying of Laurie Gibbons Memorial Park as a recreation reserve pursuant to Section 16 (1) of the Reserves Act 1977.
Māori impact statement
18. Iwi consultation took place in March and April 2016 with the ten mana whenua contacts for the Manurewa Local Board. Two responses were received as follows:
· Ngai Tai Ki Tamaki – happy to leave this to other iwi
· Te Akitai Waiohua – comments/concerns/objections to the consideration of the cultural significance of the site, clarification of the Reserves Act 1977 and consultation process
19. Staff responded to the issues raised by Te Akitai Waiohua about cultural values and the Reserves Act 1977 in an email on 4 May 2016. The cultural values existing within or under the land are protected by the Reserves Act 1977. At the time of writing this report no response has been received.
20. Staff acknowledge in this instance that iwi consultation on the classification of the reserve should have occurred prior to the report to the Mangere-Otahuhu Local Board on 17 February 2016 requesting its support for the classification.
21. Te Waka Angamua is facilitating an appropriate response to the consultation process concerns raised by Te Akitai Waiohua. As a result of the issues raised, Community Leasing has also adopted a protocol subject to discussion with Te Waka Angamua to ensure improved consultation practises are followed.
Implementation
22. If the Committee resolves to classify the land as recreation reserve this will validate the Sports Park Management Plan and allow the lease to the Club to be executed.
23. The cost implications for Auckland Council associated with the classification process are estimated at $100.00 for the publication of the gazette notice in the New Zealand Gazette declaring the classification of Allotment 36A.
No. |
Title |
Page |
aView |
Manurewa Local Board resolution MR/2015/202 dated 19 November 2015 |
45 |
bView |
Site plan of proposed classification of part of Laurie Gibbons Memorial Park, 38R Gibbons Road, Weymouth |
47 |
Signatories
Author |
Donna Cooper - Lease Advisor |
Authorisers |
Rod Sheridan - General Manager Community Facilities Mace Ward - General Manager Parks, Sports and Recreation |
Parks, Recreation and Sport Committee 18 May 2016 |
|
Revocation of recreation reserve at 42 Bancroft Cres Glendene
File No.: CP2016/08417
Purpose
1. To seek the Parks Recreation and Sport Committee approval of a recommendation to revoke the reserve status of a recreation reserve at part of 42 Bancroft Crescent, Glendene.
Executive Summary
2. 42 Bancroft Crescent, Glendene comprises a corner site of some 7,802m2. The Finance and Performance Committee approved the disposal of 4,740m2 of this site in May 2014 (FIN/2014/26) being that part not occupied by the West Auckland Remote Control Car Club (WARCCC).
3. To carry out this approved disposal a reserve revocation process will need to be completed for this part of the site.
4. The Whau Local Board endorsed this recommendation in resolution on 20 April 2016 (WH/2016/44).
5. Panuku Development Auckland now seeks a formal resolution from the Parks, Recreation and Sport Committee to approve the recommendation to revoke the reserve status of that part of 42 Bancroft Crescent approved for disposal.
That the Parks, Recreation and Sport Committee: a) approve, subject to the satisfactory conclusion of any required statutory processes, the revocation of the reserve status of part 42 Bancroft Crescent described as part Lot 8 DP 75336 (being part CFR NA90D/745) and Lot 9 DP 75336 (being CFR NA32A/89) comprising approximately 4,740m2, as the current and future recreation reserve requirements for the area are satisfied by other reserves in the immediate area. |
Comments
6. Part Lot 8 was vested as a recreation reserve in the Mayor, Councillors and Citizens of the City of Waitemata subject to the Reserves and Domains Act 1953 around 1975 as part of a subdivision undertaken by Neil Construction Limited.
7. Lot 9 on DP 75336 was exchanged for 1348m2 of Part Lot 8 in 1990 to create a contiguous area.
8. The 4,740m2 parcel approved for sale is held in two titles and both are subject to the Reserves Act 1977. The reserve status will have to be revoked to enable the land to be sold.
9. 42 Bancroft Crescent is currently utilised in two distinct areas: an area occupied by the WARCCC to be retained and the vacant area with approval to dispose. Please see Attachment A for a diagram depicting these areas and Attachment B for photos of the site.
10. 42 Bancroft Crescent never been used as a recreation park by the general public and has never been developed by council for this or any other purpose. It is noted that Akatea Park has been developed by the council as a public park and is 100m away to the south.
11. Public consultation and iwi consultation are a requirement of the reserve revocation process. Therefore both the public and iwi will have an opportunity to consider the proposal and submit comments or objections.
Consideration
Local Board views and implications
12. The Whau Local Board at its meeting held 20 April 2016 endorsed the proposal to revoke the reserve status of that part of 42 Bancroft Crescent approved for disposal as follows:
13. That the Whau Local Board:
a) Endorses Panuku Development Auckland’s recommendation to Parks, Recreation and Sport Committee to seek the revocation of the reserve status of part 42 Bancroft Crescent described as part Lot 8 DP 75336 (being part CFR NA90D/745) and Lot 9 DP 75336 (being CFR NA32A/89) comprising approximately 4,740m2, as the current and future recreation reserve requirements for the area are satisfied by other reserves in the immediate area.
Māori impact statement
14. The importance of effective communication and engagement with Māori on the subject of land is understood. Panuku has accordingly developed a robust form of engagement with mana whenua groups across the region and contacts these groups for feedback and input whenever there is change considered for a Panuku managed property.
15. There are six mana whenua hapū with registered interests in the Whau Local Board area. Auckland Council Property Limited (now Panuku) contacted mandated representatives from the iwi authorities for these groups in February 2014 to gain feedback around the potential disposal of the 4740m2 area which was subsequently approved for sale. Feedback was requested around site specific issues or interests that should be taken into account as part of the disposals review process. Feedback was received from three groups. This feedback is detailed below:
i. Ngāti Whatua Ōrākei
Ngāti Whatua Ōrākei had no specific issues of cultural significance to raise about this property and no commercial interest.
ii. Te Kawerau a Maki
Te Kawerau a Maki had expressed potential commercial interest in any properties that council deems surplus to service requirements.
iii. Te Ara Ranatu a Te Iwi o Ngāti Te Ata Waiohua Incorporated
Ngāti Te Ata expressed potential commercial interest in this property. The Ngāti Te Ata stakeholder contact additionally expressed an ongoing desire for council to consider discounted rates to iwi for property in relevant areas in order to facilitate them living in their rohe.
16. Earlier this year Panuku again contacted the six registered mana whenua hapū to advise them of the then proposed reserve revocation of the whole of 42 Bancroft Crescent, and to seek their views on this amendment to the reserve status. Kaitiaki recommendations for ongoing care of the land were also invited. The following feedback has been received as at the time of writing:
i. Ngāti Whatua Ōrākei
Ngāti Whatua Ōrākei expressed general concerns about the reduction in green space in the area. They requested a caveat on the land requiring future purchasers to engage meaningfully with mana whenua. Clarification was provided to this representative after the decision was made to only pursue revocation over the approved disposal area and noting the proximity of Akatea Park. Further feedback was invited but not received.
ii. Te Ara Ranatu a Te Iwi o Ngāti Te Ata Waiohua Incorporated
At a meeting with the Ngati Te Ata Waiohua representative they advised they would support the reserve revocation proposal if the council gave them a right of first refusal to purchase the land approved for disposal.
iii. Ngāti Whatua
Ngāti Whatua deferred to the feedback given by Ngāti Whatua Ōrākei in this instance.
17. These comments are referred back to the Parks, Recreation and Sport Committee for consideration. Any kaitiaki recommendations received around future care of the land will be worked through with the relevant council units.
18. Should an application to revoke the reserve status of the site be progressed, further iwi and public consultation will be undertaken as part of this process.
Implementation
19. If the committee resolves to approve the recommendation to revoke the reserve status of this part of 42 Bancroft Crescent this will enable Panuku Development Auckland to proceed with the intended disposal of this land, subject to the satisfactory conclusion of the revocation process.
20. Public notification is required for a proposal to revoke a reserve, with such notice to include the reason for the proposal. This will give the public the opportunity to consider the proposal and submit comments or objections. If any objections are received, they will be referred back to the Parks, Recreation and Sport Committee for consideration. The decision of the committee must be forwarded to the Department of Conservation for completion of the revocation process.
No. |
Title |
Page |
aView |
Diagram of the site 42 Bancroft Crescent, Glendene |
53 |
bView |
Photos of the site 42 Bancroft Crescent, Glendene |
55 |
Signatories
Author |
Linda Holdaway - Senior Property Acquisitions and Disposals Advisor, Portfolio Management Directorate, Panuku Development Auckland |
Authorisers |
Nigel Hewitson – Manager Disposals, Portfolio Management Directorate, Panuku Development Auckland Ian Wheeler – Director Portfolio Management, Panuku Development Auckland Mace Ward - General Manager Parks, Sports and Recreation |
Parks, Recreation and Sport Committee 18 May 2016 |
|
Exclusion of the Public: Local Government Official Information and Meetings Act 1987
That the Parks, Recreation and Sport 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.
This resolution is made in reliance on section 48(1)(a) of the Local Government Official Information and Meetings Act 1987 and the particular interest or interests protected by section 6 or section 7 of that Act which would be prejudiced by the holding of the whole or relevant part of the proceedings of the meeting in public, as follows:
C1 Alternative funding opportunity for coastal reserves
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)(i) - The withholding of the information is necessary to enable the local authority to carry on, without prejudice or disadvantage, negotiations (including commercial and industrial negotiations). In particular, the report identifies land that council seeks to acquire for open space purposes. |
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. |
C2 Acquisition of open space land - Huapai
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)(h) - The withholding of the information is necessary to enable the local authority to carry out, without prejudice or disadvantage, commercial activities. In particular, the report identifies land the council seeks to aquire for open space purposes.. s7(2)(i) - The withholding of the information is necessary to enable the local authority to carry on, without prejudice or disadvantage, negotiations (including commercial and industrial negotiations). In particular, the report identifies land the council seeks to aquire for open space purposes.. |
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. |
C3 Acquisition of land for cycleway/walkway in Flat Bush
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)(h) - The withholding of the information is necessary to enable the local authority to carry out, without prejudice or disadvantage, commercial activities. In particular, the report identifies land the council seeks to acquire for open space purposes. s7(2)(i) - The withholding of the information is necessary to enable the local authority to carry on, without prejudice or disadvantage, negotiations (including commercial and industrial negotiations). In particular, the report identifies land the council seeks to acquire for open space purposes. |
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. |