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Parks,
Recreation and Sport Committee
21 September
2016
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Reclassification
of part of Karioitahi Gap Domain Recreation Reserve, 685 Karioitahi Road,
Karioitahi
File No.: CP2016/21066
Purpose
1. To reclassify part of Karioitahi Gap Domain Recreation Reserve, 685
Karioitahi Road, Karioitahi from recreation reserve to Local Purpose (Surf Life
Saving, Surf Education Accommodation, Kiosk and Community Buildings) Reserve
under Section 24(1) of the Reserves Act 1977. Reclassification will
enable the agreement to lease and lease to Surf Life Saving Kariaotahi
Incorporated to be executed.
Executive
summary
2. Karioitahi
Gap Domain Recreation Reserve is made up of four
parcels of land. The surf club is located on Allotment
469 Waipipi Parish defined by SO 45763 comprising 32.3749 hectares. There
is no title containing Allotment 469. The domain is held by the Crown through
the Department of Conservation as a classified recreation reserve and vested in
Auckland Council in trust.
3. The
surf club proposes to build a new three level building to accommodate its
activities. Reclassification of part of Allotment 469 is the only option
that will allow the surf club’s new building and additional activities
such as kiosk and accommodation to proceed. On 22 March 2016 the Franklin
Local Board resolved to support the reclassification of approximately
1822m² of the domain and agreed to meet the costs of surveying estimated
at $7,000. The costs of publication of the gazette notice estimated at
$100 will be met by Auckland Council.
4. Auckland
Council has the authority to reclassify the domain under Section 24(1) of the
Reserves Act 1977.
5. Reclassification of the land will enable the council to execute the
agreement to lease and lease to Surf Life Saving Kariaotahi Incorporated as
resolved by the Franklin Local Board.
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Recommendation/s
That the Parks, Recreation and
Sport Committee:
a) resolve, under Section 24(1) of the Reserves Act, reclassification
of approximately 1822m² subject to survey of Allotment 469 Waipipi Parish from recreation reserve to Local
Purpose (Surf Life Saving, Surf Education Accommodation, Kiosk and Community
Buildings) Reserve (Attachment A of the report).
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Comments
Wider activities for
proposed new build
6. The
main purpose of the proposed new surf club building aligns with the existing
recreation reserve classification. However, the existing classification
does not support all the additional activities envisaged by the surf club. The
existing building has become too small for growing needs and has structural
water ingress issues. The proposed three level building includes a
basement with vehicle access for secure parking, boat storage, wash down area
and first aid room. The other two levels include main clubroom area,
training rooms, accommodation, kitchenette and watchtower. As well as
enabling the club to run a wider range of activities the proposed new building
will provide for other community uses and groups including office space for
Ngati Te Ata Waiohua.
7.
Auckland Council has the authority to reclassify
the domain under Section 24(1) of the Reserves Act. Once reclassification
approved, staff appointed to act on behalf of the Minister of Conservation
signs a gazette notice declaring the classification and arranges to publish a
notice in the New Zealand Gazette.
8.
Under Section 4 of the Conservation Act 1987
Auckland Council has consulted with mana whenua identified as having an
interest in the domain.
9.
Public notification of council’s intention
took place in April 2016. No submissions or
objections were received.
10. Castaways Resort has a commercial lease over part of the
domain. The resort provides accommodation, dining, conference and events
facilities. Castaways management were advised of council’s
intention and given a copy of the public notification.
11. The legal name of the surf club is spelt Kariaotahi while the legal
name of the reserve is spelt Karioitahi. Each has been used in this
report in its specific context.
History of Domain
acquisition
12. Allotment 469, along with three smaller adjoining parcels, were set
apart by the Crown under the Land Act 1948 as a recreation reserve by New
Zealand Gazette 1968 page 1206. The four parcels were declared by
the Crown under the Reserves and Domains Act 1953 to be known as the Karioitahi
Gap Domain with the Franklin County Council appointed as the Karioitahi Gap
Domain Board to have control of the domain by New Zealand Gazette 1968
page 1200.
13. The domain was declared by the Crown under the Reserves Act to be
classified as a recreation reserve by New Zealand Gazette 1978 page
324. Once classified the domain automatically vested in the Franklin
County Council, in trust for recreation purposes under Sections 26A (1) and (2)
of the act.
14. Today the domain is held by the Crown through the Department of
Conservation as a classified recreation reserve under the Reserves Act and
vested in Auckland Council, in trust, for recreation purposes.
Consideration
Local
board views and implications
15. On 22 March 2016 the Franklin Local Board resolved to support the
reclassification of part of Karioitahi Gap Domain
Recreation Reserve as a Local
Purpose (Surf Life Saving, Surf Education Accommodation, Kiosk and Community
Buildings) Reserve and grant an agreement to lease and
new community lease to the surf club to facilitate the development of the new
surf lifesaving and community facility (Attachment B).
Māori
impact statement
16. Iwi
consultation took place by email on 31 March 2016 with the ten mana whenua
contacts for the Franklin Local Board. Three responses were received as
follows:
· Ngai Tai Ki Tamaki
– happy to leave this to others
· Ngati Te Ata Waiohua
– wish to file a submission
· Waikato-Tainui
– support Ngati Te Ata position on this matter.
17. Further
consultation took place by email on 2 June 2016. Once response was
received as follows:
· Ngati Tamaoho – Whist not opposing this proposed reclassification
we would like to remind you that Karioitahi is public land. It is a
public recreation reserve that the public has a right to. Full details of
the response see Attachment C: Response from Ngati Tamaoho representative.
18. A
hui and site visit took place with representatives of Ngati Te Ata Waiohua on
15 April 2016. The following submission was received on 16 September
2016:
- That
Ngati Te Ata has a claim on the Karioitahi reserve pending settlement
- That
the 'balance' of the land remains under the crown designation as recreation
reserve and we are to be immediately consulted if any change to that status
occurs
- That
we support the Karioitahi surf club designated area being changed to Local
Reserve providing that it stays under the crown designation until our claim is
settled
- That
a formal agreement between Ngati Te Ata and the Karioitahi surf club (use of
building space, etc) is included in the lease agreement
- That
provision is made for our cultural monitor during earthworks
- That
mitigation measures are put in place to address the current and potential
erosion of the site.
Implementation
19. The cost implication for the Franklin Local Board for surveying of
approximately 1822m² of the domain is estimated at $7,000.00.
20. The cost implication for Auckland Council for publication of the
gazette notice is estimated at $100.00.
Attachments
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No.
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Title
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Page
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a⇩ 
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Site plan of Karioitahi Gap Domain Recreation Reserve
and area to be reclassified
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9
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b⇩
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Franklin Local Board Resolution FR/2016/38 dated 22
March 2016
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11
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c⇩ 
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Response from Ngati Tamaoho
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13
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Signatories
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Author
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Donna Cooper - Lease Advisor
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Authorisers
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Rod Sheridan - General Manager Community Facilities
Mace Ward - General Manager Parks, Sports and
Recreation
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