I hereby give notice that an extraordinary meeting of the Upper Harbour Local Board will be held on:
Date: Time: Meeting Room: Venue:
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Thursday, 6 April 2017 2:00pm Referee’s
Lounge – Level 2 Stadium Drive |
Upper Harbour Local Board
OPEN AGENDA
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MEMBERSHIP
Chairperson |
Lisa Whyte |
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Deputy Chairperson |
Margaret Miles, JP |
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Members |
Uzra Casuri Balouch, JP |
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Nicholas Mayne |
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John McLean |
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Brian Neeson, JP |
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(Quorum 3 members)
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Cindy Lynch Democracy Advisor
31 March 2017
Contact Telephone: (09) 486 8593 Email: Cindy.Lynch@aucklandcouncil.govt.nz Website: www.aucklandcouncil.govt.nz
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Upper Harbour Local Board 06 April 2017 |
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1 Welcome 5
2 Apologies 5
3 Declaration of Interest 5
4 Leave of Absence 5
5 Acknowledgements 5
6 Petitions 5
7 Deputations 5
7.1 Rosedale Pony Club 6
7.2 Harbour Hockey 6
7.3 Greenhithe Pony Club 6
7.4 Whenuapai Pony Club 7
7.5 Greenhithe Riding for the Disabled 7
7.6 Tennis Northern 8
7.7 North Harbour BMX 8
8 Public Forum 9
9 Extraordinary Business 9
10 Notices of Motion 9
11 Northern Corridor Improvement project intention to notify community leases 11
12 Consideration of Extraordinary Items
1 Welcome
2 Apologies
At the close of the agenda no apologies had been received.
3 Declaration of Interest
Members are reminded of the need to be vigilant to stand aside from decision making when a conflict arises between their role as a member and any private or other external interest they might have.
The Auckland Council Code of Conduct for Elected Members (the Code) requires elected members to fully acquaint themselves with, and strictly adhere to, the provisions of Auckland Council’s Conflicts of Interest Policy. The policy covers two classes of conflict of interest:
i) A financial conflict of interest, which is one where a decision or act of the local board could reasonably give rise to an expectation of financial gain or loss to an elected member; and
ii) A non-financial conflict interest, which does not have a direct personal financial component. It may arise, for example, from a personal relationship, or involvement with a non-profit organisation, or from conduct that indicates prejudice or predetermination.
The Office of the Auditor General has produced guidelines to help elected members understand the requirements of the Local Authority (Member’s Interest) Act 1968. The guidelines discuss both types of conflicts in more detail, and provide elected members with practical examples and advice around when they may (or may not) have a conflict of interest.
Copies of both the Auckland Council Code of Conduct for Elected Members and the Office of the Auditor General guidelines are available for inspection by members upon request.
Any questions relating to the Code or the guidelines may be directed to the Relationship Manager in the first instance.
4 Leave of Absence
At the close of the agenda no requests for leave of absence had been received.
5 Acknowledgements
At the close of the agenda no requests for acknowledgements had been received.
6 Petitions
At the close of the agenda no requests to present petitions had been received.
7 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 Upper Harbour Local Board. 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.
Purpose 1. The purpose of this deputation is to address the Upper Harbour Local Board regarding the Northern Corridor Improvements project. Executive summary 2. Martin Hudson and representatives from the Rosedale Pony Club will be in attendance to address the Upper Harbour Local Board to discuss the implications of the New Zealand Transport Agency’s Northern Corridor Improvements project.
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Recommendation/s That the Upper Harbour Local Board: a) receive the deputation from the Rosedale Pony Club. b) thank Martin Hudson and representatives from the Rosedale Pony Club for their attendance.
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Purpose 1. The purpose of this deputation is to address the Upper Harbour Local Board regarding the Northern Corridor Improvements project. Executive summary 2. Sharon Williamson and representatives from Harbour Hockey will be in attendance to address the Upper Harbour Local Board to discuss the implications of the New Zealand Transport Agency’s Northern Corridor Improvements project.
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Recommendation/s That the Upper Harbour Local Board: a) receive the deputation from Harbour Hockey. b) thank Sharon Williamson and representatives from Harbour Hockey for their attendance.
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Purpose 1. The purpose of this deputation is to address the Upper Harbour Local Board regarding the Northern Corridor Improvements project. Executive summary 2. Chris Ankers and representatives from the Greenhithe Pony Club will be in attendance to address the Upper Harbour Local Board to discuss the implications of the New Zealand Transport Agency’s Northern Corridor Improvements project.
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Recommendation/s That the Upper Harbour Local Board: a) receive the deputation from the Greenhithe Pony Club. b) thank Chris Ankers and representatives from the Greenhithe Pony Club for their attendance.
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Purpose 1. The purpose of this deputation is to address the Upper Harbour Local Board regarding the Northern Corridor Improvements project. Executive summary 2. Julie Whiu and representatives from the Whenuapai Pony Club will be in attendance to address the Upper Harbour Local Board to discuss the implications of the New Zealand Transport Agency’s Northern Corridor Improvements project.
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Recommendation/s That the Upper Harbour Local Board: a) receive the deputation from the Whenuapai Pony Club. b) thank Julie Whiu and representatives of the Whenuapai Pony Club for their attendance.
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Purpose 1. The purpose of this deputation is to address the Upper Harbour Local Board regarding the Northern Corridor Improvements project. Executive summary 2. Kim Fischer and representatives from Greenhithe Riding for the Disabled will be in attendance to address the Upper Harbour Local Board to discuss the implications of the New Zealand Transport Agency’s Northern Corridor Improvements project.
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Recommendation/s That the Upper Harbour Local Board: a) receive the deputation from Greenhithe Riding for the Disabled. b) thank Kim Fischer and representatives from Greenhithe Riding for the Disabled for their attendance.
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Purpose 1. The purpose of this deputation is to address the Upper Harbour Local Board regarding the Northern Corridor Improvements project. Executive summary 2. David Frank and representatives from Tennis Northern will be in attendance to address the Upper Harbour Local Board to discuss the implications of the New Zealand Transport Agency’s Northern Corridor Improvements project.
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Recommendation/s That the Upper Harbour Local Board: a) receive the deputation from Tennis Northern. b) thank David Frank and representatives of Tennis Northern for their attendance.
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Purpose 1. The purpose of this deputation is to address the Upper Harbour Local Board regarding the Northern Corridor Improvements project. Executive summary 2. Nigel Arkell and representatives from North Harbour BMX will be in attendance to address the Upper Harbour Local Board to discuss the implications of the New Zealand Transport Agency’s Northern Corridor Improvements project.
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Recommendation/s That the Upper Harbour Local Board: a) receive the deputation from North Harbour BMX. b) thank Nigel Arkell and representatives from North Harbour BMX for their attendance.
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8 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.
9 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.”
10 Notices of Motion
At the close of the agenda no requests for notices of motion had been received.
Upper Harbour Local Board 06 April 2017 |
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Northern Corridor Improvement project intention to notify community leases
File No.: CP2017/05413
Purpose
1. To update the Upper Harbour Local Board on progress in the New Zealand Transport Agency (NZTA) Northern Corridor Project (NCI), including agreements reached with the affected community groups.
2. To seek approval to publicly notify and consult with iwi, Auckland Council’s intention to grant new community leases and the associated physical works and new structures within these lease areas to:
· Harbour Hockey Charitable Trust for Pt Allot 133 Parish of Paremoremo, Pt Allot 653 Parish of Paremoremo and Pt Sect 4 SO 444 7999, Rosedale Park, Albany;
· North Harbour BMX Association Incorporated for Pt Lot 2 DP 24754 and Pt Lot 1 DP 198079, Hooton Reserve, Oteha Valley Road, Albany;
· the Tennis Charitable Trust for Pt Lot 2 DP 24754, Oteha Valley Road, Albany; and
· a new legal entity or entities to be formed to occupy Pt Allot 18 Parish of Paremoremo, Pt Lot 3 Deeds 34, Pt Lot DP 53735, Pt Lots 4, 5, and 6 DP 10508, Wainoni Park, Greenhithe for the purposes of equestrian activities.
3. To seek landowner approval in principal for the proposed physical works and changes to Wainoni Park, Hooton Reserve, and Rosedale Park to allow the formation of new sports facilities conditional upon agreement between all user groups, any resource consents required being granted, and the public notification of all proposed leases to the affected community organisations.
Executive summary
4. NZTA are developing the NCI project. The proposed road corridor alignment cuts through a portion of Rosedale Park South and Constellation Reserve. As a consequence, Auckland Council is required to relocate the Harbour Hockey Charitable Trust.
5. A project group consisting of Auckland Council, NZTA, Harbour Hockey Charitable Trust, Watercare and Auckland Transport have been working together to look at various options available to provide a solution to mitigate the effects of the NCI project on council open space and the Harbour Hockey Charitable Trust facility.
6. Regular updates have been provided to the Upper Harbour Local Board via workshops and formal reporting.
7. The preferred option identified by the project group requires the relocation of Harbour Hockey Charitable Trust from its current site to Rosedale Park West. This was presented to the local board at a workshop on 3 August 2016.
8. Rosedale Pony Club and the North Harbour BMX Association currently hold leases at Rosedale Park West and will be impacted by the proposed relocation of the Harbour Hockey Charitable Trust facility.
9. The project group has identified Wainoni Park and land at Oteha Valley Road that includes part of Hooton Reserve and part of the site occupied by the Tennis Charitable Trust as alternative locations for Rosedale Pony Club and North Harbour BMX respectively.
10. A report was considered by the local board at its business meeting on 23 August 2016. The local board resolved:
· resolution number (a) UH/2016/159 a):
requested that staff work with affected lessees to find a suitable solution to the impacts and revert to the local board at the earliest opportunity with the outcomes of the discussions.
11. Staff continues to engage with the affected sports organisations to understand the full impact of the project and to identify and progress potential mitigation options.
12. To facilitate the redevelopment of the site at Rosedale Park, the Harbour Hockey Charitable Trust requires landowner approval to remove the existing BMX and Rosedale Pony Club facilities and to construct new hockey fields, car parks and associated buildings as shown on drawing number 250310-2415-B (Attachment A). This approval is in principal and subject to resource consent being granted, the public notification of the proposed lease agreements, and the establishment of formal agreements between the user groups that will occupy the land, NZTA and council as landowner.
13. To facilitate the redevelopment of the site at Hooton Reserve and part of the area currently leased to the Tennis Charitable Trust to accommodate the relocated BMX facility, NZTA require landowner approval to remove the existing carpark and construct a new BMX track, carpark and ancillary buildings as shown on drawing number 250310-2511-A (Attachment B). This is dependent on the Tennis Charitable Trust relinquishing part of its current leased area and a new lease for the remaining portion of the site occupied by its improvements being approved. This approval is in principal and subject to resource consent being granted, the public notification of the proposed lease agreements, and the establishment of formal agreements between the user groups that will occupy the land, NZTA and council as land owner.
14. The Tennis Charitable Trust has provided agreement in principle to voluntarily surrender part of its lease (outlined in red on drawing number 250310-2511-A in Attachment C). This is subject to a number of conditions regarding input into design, a new lease being negotiated and a partnership with council for the long-term sustainable development of the site and facilities.
15. To facilitate redevelopment of the site at Wainoni Park to accommodate a new equestrian facility, NZTA require landowner approval to allow for construction of buildings and new structures as shown on drawing number 250310-0266-B (Attachment D). This approval is in principal and subject to resource consent being granted, the public notification of the proposed lease agreements, and the establishment of formal agreements between the user groups that will occupy the land, NZTA and council as land owner.
16. Auckland Council must publicly notify and consult with iwi of its intention to grant new community leases to the affected community organisations. This public notification is in accordance with the requirements of the Reserves Act 1977, the Conservation Act 1987 and the Local Government Act 2002.
17. This report recommends that the Upper Harbour Local Board approve the public notification of Auckland Council’s intention to grant new community leases and the associated physical works and new structures within the lease areas to Harbour Hockey Charitable Trust, North Harbour BMX Association Incorporated, the Tennis Charitable Trust, and the new legal entity or entities formed to occupy the equestrian facilities at Wainoni Park.
18. The proposed leases would be for a period of 10 years, with one 10 year right of renewal. This is the recommended term relating to ground leases in the Auckland Council Community Occupancy Guidelines July 2012. The term reflects the lessee’s obligations in terms of capital expenditure, ongoing maintenance and renewal of the developed improvements on the sites. The local board may consider alternative terms up to a period of 33 years in total should it wish to do so.
19. The local board has options as to how any hearing to consider submissions in respect of the community leases may be managed. It may:
· appoint a panel of independent commissioners;
· appoint an independent commissioner to act as chair to work with the local board members; and
· hear and consider any submissions received following the public notification of the proposed leases itself.
20. It is recommended that, in this instance, an independent commissioner be appointed as chair.
21. The benefits of this approach are:
· that the independent chair will have considerable experience in the requirements and application of the Reserves Act;
· the chair will be able to write the decision report for the board;
· the independent chair will free the board members to concentrate on hearing and considering their constituents’ concerns without having to worry about running the hearing;
· the local knowledge and expertise of the local board members will be retained;
· the public will have confidence that submissions are considered by those who will not only understand the process and the legislative requirements, but also the impacts on the communities most impacted; and
· the perception of bias or conflict of interest is dealt with by having an independent chair that has no direct link to any of the community organisations involved.
That the Upper Harbour Local Board: a) approve entry into an agreement or agreements with New Zealand Transport Agency with regard to the works to be carried out or paid for by New Zealand Transport Agency at Constellation Reserve, Rosedale Park, Wainoni Park, Hooton Reserve and Oteha Valley Reserve subject to the conclusion and recommendations of the public notification process. b) approve the relocation of the Harbour Hockey Charitable Trust from its current location to Rosedale Park West, subject to formal signed agreements being established between Auckland Council, New Zealand Transport Agency and affected parties. c) note that before any agreements are formalised for Harbour Hockey Charitable Trust, a further report will be submitted to the Upper Harbour Local Board seeking approval. d) grant land owner approval in principal to Harbour Hockey Charitable Trust to enable the removal of the Rosedale Pony Club and BMX facilities at Rosedale Park to allow the construction of hockey fields, car parks, associated infrastructure and buildings, including changes outside the proposed lease areas. This is conditional upon the resource consent being granted and the public notification of the proposed leases being undertaken and the establishment of formal agreements between the user groups. e) grant land owner approval to New Zealand Transport Agency to enable the closure of the carpark at Hooton Reserve and carry out works on an area of land currently leased to Tennis Charitable Trust on Oteha Valley Road. This is to allow for the construction of the new BMX track, car park and ancillary buildings. This is conditional upon the resource consent being granted and the public notification of the proposed leases being concluded, and the establishment of formal agreements between parties. f) grant land owner approval to New Zealand Transport Agency for work at Wainoni Reserve to allow for the construction of buildings and new structures, including changes outside the proposed lease areas. This is conditional upon the resource consent being granted and the public notification of the proposed leases being concluded, and the establishment of formal agreements between parties. g) approve the public notification of Auckland Council’s intention to grant community leases, the associated physical works and new structures within these leased areas, to: i. the Harbour Hockey Charitable Trust to occupy Pt Allot 133 Parish of Paremoremo, Part Allot 653 Parish of Paremoremo and Pt Section 4 SO 444 7999 on Rosedale Park, Bush Road, Albany: a. proposed term: 10 years commencing from the date of the final approval by the Minister of Conservation (or her delegate). b. rent: $1.00 plus GST per annum if requested. c. provision in the head lease document to enter into a sub-lease with North Harbour Hockey Association Incorporated that will continue to manage the facility. ii. North Harbour BMX Association Incorporated to occupy Pt Lot 2 DP 24754 and Pt Lot 1 DP 198079, Hooton Reserve, Oteha Valley Road, Albany: a. proposed term: 10 years commencing from the date of the final approval by the Minister of Conservation (or her delegate). b. rent: $1.00 plus GST per annum if requested. iii. the Tennis Charitable Trust to occupy Pt Lot 2 DP 24754, Oteha Valley Road, Albany: a. proposed term: 10 years commencing from the date of the final approval. b. rent: $1.00 plus GST per annum if requested. c. provision in the head lease document to enter into a sub-lease with Tennis Northern Region Incorporated that will continue to manage the facility and further subletting or sublicensing arrangements required to manage and document the activities at the site. All sub-lease / licence arrangements will require the approval of the Upper Harbour Local Board and accord with the terms of the head lease. iv. the entity or entities to be formed that will occupy and use the equestrian facilities at Wainoni Park described as Pt Allot 18 Parish of Paremoremo, Pt Lot 3 Deeds 34, Pt Lot 1 DP 53735, Pt Lots 4, 5 and 6 DP 10508 Wainoni Park, Greenhithe: a. proposed term: 10 years commencing from the date of the final approval by the Minister of Conservation (or her delegate). b. rent: $1.00 plus GST per annum if requested. h) note that all other terms and conditions in each of the proposed leases will be in accordance with any objectives of the operative reserve management plan, the Reserves Act 1977, the Local Government Act 2002, and the Auckland Council Community Occupancy Guidelines 2012. i) appoint an Independent Commissioner as Chairperson to work together with the full Upper Harbour Local Board to consider any submissions received, and to make the decision on the grant of the proposed community leases following full consideration of any submissions received. j) approve in principle working with Tennis Charitable Trust and Tennis Northern to formulate a development plan for the tennis facility and site to secure the long-term viability of the site, subject to full partnership agreement being developed for approval by the Upper Harbour Local Board.
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Comments
22. NZTA, in collaboration with Auckland Council, has finalised a recommended option for consideration for the Northern Corridor Improvement Project.
23. The project involves the creation of a motorway interchange that would encroach onto Constellation Reserve and the leased area where Harbour Hockey Charitable Trust is currently located.
24. The NCI project will directly affect one of the existing hockey turfs and a football field that was planned to become a fourth hockey turf in 2018-19 as part of a proposed national hockey centre development.
25. The interchange will also impact on land at the eastern end of Constellation Reserve which has been earmarked as a site for future sports field development.
26. A project group comprising of key members from Auckland Council, Harbour Hockey Charitable Trust, Hockey New Zealand, Watercare, Auckland Transport and NZTA have been meeting regularly to facilitate and find a solution for the impact on Harbour Hockey Charitable Trust.
27. The recommended option arises following the completion of a multi-criteria analysis (MCA) of nine sites; six of these were discounted during this process due to having fatal flaws such as significant planning or operational constraints.
28. The MCA and preferred option was presented as a NZTA Northern Corridor Improvements project options report to the Upper Harbour Local Board at a formal business meeting on 23 August 2016.
29. The preferred option, based on the MCA, is to relocate Harbour Hockey Charitable Trust to Rosedale Park West. This is an area of Rosedale Park currently leased to North Harbour BMX Association Incorporated and the Rosedale Pony Club.
30. Upper Harbour Local Board resolved that staff consult with affected parties to find an appropriate solution and report back to the board at the earliest convenience.
Previous report: NZTA Northern Corridor Improvements project options report summary
31. The local board resolved (resolution UH/2016/159):
That the Upper Harbour Local Board:
a) request that staff work with affected lessees to find a suitable solution to the impacts of the New Zealand Transport Agency Northern Corridor Improvements Project, and revert to the local board at the earliest opportunity with the outcomes of the discussions.
Response to resolution number UH/2016/159
32. A summary of the lease holders, including current and proposed lease terms and membership information, is provided in Attachment E.
Pony Clubs and Riding for the Disabled
33. Discussions with Rosedale Pony Club, Greenhithe Pony Club, Greenhithe Riding for the Disabled and Whenuapai Pony Club have been ongoing since August 2016.
34. A working group consisting of staff from Auckland Council and NZTA was set up to work through two work streams (operational and design) to address the different elements of the proposed equestrian hub at Wainoni Park.
35. A concept design was developed with representatives from each club, then presented to members from all clubs at a meeting on 19 January 2017 at the Harbour Sport offices.
36. Each pony club was provided with a letter of intent that supports ‘in principal’ the proposed relocation and lease notification. Signed copies of these letters, reflecting agreement from all stakeholders, can be found in Attachment F of this report.
North Shore Dog Club
37. Discussions with North Shore Dog Club have taken place to understand the operational elements of the club and to provide regular updates on the development of the concept plan for the project at Wainoni Park.
38. A meeting was held with club representatives on 10 March 2017 to gauge the club’s interest in relocating to a new site and to being included as a stakeholder in the proposed lease notification process.
39. The club confirmed that it would like to look at what options may be available if it were to vacate its existing site on Wainoni Park. The club assumes any relocation would include the provision of:
· clubrooms;
· lights;
· field and drainage improvements; and
· fencing.
40. A formal response outlining the intent to work with council staff, club membership details, and operational requirements and details is provided in Attachment G
North Harbour BMX Association
41. The proposed relocation of Harbour Hockey to Rosedale Park West will require the relocation of North Harbour BMX Association.
42. Discussions have been ongoing since June 2016 with the association. An area of unused land currently leased to the Tennis Charitable Trust along with a car park utilised by Regional Facilities Auckland (RFA) in Hooton Reserve has been identified as a suitable site to relocate the association.
43. Auckland Council Parks, Sport and Recreation Manager has informed RFA of council’s intention to utilise the car park (Attachment H).
44. A concept design has been developed with North Harbour BMX Association. It has provided a signed letter of intent to support, in principal, the proposed relocation and agrees to the lease notification requirements. A signed copy of this letter is shown in Attachment I of this report.
North Shore Gun Club
45. North Shore Gun Club uses an area on Wainoni Park to practice shooting at a specially constructed range. The club has no lease or formal agreement to occupy this land.
46. The club members are aware of the proposed changes to the site. Council staff will engage with members of the club to determine requirements and explore options.
The Tennis Charitable Trust
47. Formal discussions with Tennis Charitable Trust and Tennis Northern commenced in December 2016 to look at the feasibility of relinquishing the eastern part of their current leased area which is currently undeveloped.
48. Tennis Charitable Trust and Tennis Northern have been working on plans to develop the tennis site into a multi-sport development under the concept of the “Community Sport Village”.
49. This project proceeded to feasibility stage but was identified as too costly and in 2016, the local board agreed that $240,000 could be allocated to re-scope the project for the investigation of further multi-sport options, to increase utilisation of the tennis site with a focus on sustainability.
50. The site of the proposed BMX facility has previously been considered as car parking to service the proposed multi-sport development of the tennis site.
51. Tennis Charitable Trust has agreed to relinquish part of its leased area subject to the following three conditions shown in Attachment J:
· input into the design of the BMX facility, particularly as it relates to the tennis facility;
· timely resolution of long-standing lease issues to provide for current and potential future sub-tenancies, which provide revenue to support sustainable operations. The new lease would need to be resolved before construction commences; and
· a commitment from council in terms of an agreement/partnership to develop a concept/development plan for the site, with specified outcomes and timelines.
52. Tennis Charitable Trust has suggested the $240,000 earmarked for the multi-sport planning be granted to the trust to resource the implementation of these conditions.
53. There is provision in the existing lease to Tennis Charitable Trust that the undeveloped site may revert to council to control, on the provision of six months formal written notice to the lessee. The local board may invoke this clause at any time.
Auckland Council Sports and Recreation strategic context
54. The Auckland Sport and Recreation Strategic Action Plan (2014) includes an action to provide a quality network of fit-for-purpose sport and recreation facilities at regional, sub‑regional and local levels.
55. It is vital to ensure sport and recreation facilities are efficient, sustainable and utilisation is maximised.
56. For some codes, this can be achieved by maximising the utilisation within the code (through a hub model) but for other facilities, partnerships between clubs or codes are required to achieve the desired sustainability.
57. The Auckland Equestrian Facility Plan (October 2014) identifies facilities needed for sport horse competition and training and seeks to guide investment in facility development for the next 10 years.
58. Whilst the plan does not focus on Riding for the Disabled (RDA) activities, it references their activities as integral and complementary partners to the delivery of equestrian activities.
59. Participation trends indicate riding membership has remained relatively steady over the last three to four years, creating little demand for new facilities.
60. Participation in events and training and the ability to run more events is constrained by the limited access to and poor quality of some facilities and competition surfaces, making addressing these a priority.
61. The biggest challenge for equestrian groups is to modify their grazing, programming and delivery model to unlock the potential of Wainoni Park as a shared equestrian hub.
62. This can be difficult for groups who have delivered their activities in the same way for many years, or have a limited volunteer resource base or capability to make operational changes. However the challenge for all sports is to make the best possible use of the land available in the face of Auckland’s population growth.
63. In this case a key benefit to the equestrian users is to secure the long-term use of Wainoni Park. Harbour Sport have offered their support to the groups with strategic planning, volunteer management, programming and other aspects of club governance and operations.
64. Work is ongoing and will likely extend beyond the facility development phases.
65. The proposed BMX relocation has the potential to activate a previously undeveloped portion of tennis lease area. The BMX activity is complementary to the recent Boroughs basketball development at Hooton Reserve.
66. Whilst there are limited partnership synergies between BMX and tennis, there are opportunities in terms of shared parking, toilets and event management.
67. The Bike Facility Plan for Auckland (September 2013) highlights that the North Shore BMX club is one of only six in Auckland and the only one on the North Shore.
68. The Bike Facility Plan for Auckland indicates no additional BMX tracks are required within the next 10 years, but given the limited number of facilities (and associated travel time for participants) each facility should operate at a local and regional level, but designed to a specification that could also host a national level event.
69. Where a club is to host a competition of this type, temporary event infrastructure would be brought in.
70. A key benefit to the BMX users is to secure the long-term use of Hooton Reserve within a strategically located reserve with associated opportunities afforded.
71. The Auckland Region Tennis Facility Plan (March 2015) identifies that no additional regional or sub-regional facilities are required on the North Shore, and the priority is maintaining the existing network of tennis facilities and ensuring long term sustainability. The initiation of the NCI project has created an opportunity to address the operational sustainability of the tennis facility.
72. The Auckland Regional Hockey Facilities Report (June 2014) recognises that an additional seven hockey turfs are required in the region to meet the current demand, and based on the projected demand, an additional 15 turfs will be required by 2031.
73. An immediate priority is the development of Rosedale Park as a Tier 1 venue and Hockey New Zealand High Performance Centre.
74. The current four turfs already provide for over 200 hours of community hockey each week, with a fifth turf previously planned for the site.
75. The proposed relocation project gives North Harbour Hockey the opportunity to add to NZTA funded like-for-like replacement, to achieve an overall better facility outcome.
Lease notification process and timeframes
The requirement to notify leases
76. The proposed leases to the Harbour Hockey Charitable Trust and the new equestrian group(s) are not contemplated in the operative reserve management plans for Rosedale Park or Wainoni Reserve. There is no management plan for Hooton Reserve. The leases at these sites must be publicly notified in accordance with sections 119 and 120 of the Reserves Act 1977 and Section 4 of the Conservation Act 1987.
77. The land that is the subject of the proposed new lease to the Tennis Charitable Trust and the part of the site required for the new BMX track is held in fee simple under the terms of the Local Government Act 2002. As the proposed leases will be for a term in excess of six months, they must be notified in accordance with Section 82(a) of the Local Government Act 2002 i.e. on terms similar to the leases proposed above.
78. There is also a requirement for an engagement plan or process to be in place that identifies where and when the advertisement advising of the proposed leases will be placed and how the public can engage in the process.
The hearing process
79. The Upper Harbour Local Board has options in terms of how submissions are heard and considered. It may:
· appoint an independent panel comprising three commissioners. Schedule 7, clause 31 of the Local Government Act allows the appointment of independent commissioners that may bring ‘skills, attributes, or knowledge that will assist the work of the committee’. Such commissioners have the advantage of being familiar with the process and relevant legislation, and formulating decisions including appropriate conditions and reports;
· appoint an independent commissioner to act as chair who will work together with the full local board to consider any submissions received following the public notification of the proposed leases; and
· hear any submission itself.
80. The benefits and risks associated with each of these arrangements is shown on Attachment K.
81. It is recommended that the local board appoint an independent commissioner to act as chair when considering submissions for the following reasons:
· the chair will have considerable experience in the interpretation and application of the Reserves Act;
· the chair will be able to write the decision report for the board;
· the chair will free the board members to concentrate on hearing and considering their constituents’ concerns and without having to worry about running the hearing;
· the local knowledge and expertise of the local board members will be retained;
· the public may have confidence that submissions are considered by those who will, not only understand the process and the legislative requirements, but also the impacts on the communities most affected; and
· the perception of bias or conflict of interest is dealt with by having an independent chair that has no direct link to any of the community organisations involved.
Timeframes for lease notification
82. The process and timeframes will generally be as follows:
· local board confirms if leases are to be publicly notified and any special conditions required;
· iwi who have an identified interest in the area will be contacted seeking engagement and comment on the proposed lease changes;
· a public notice is published in the local newspaper(s) circulating in the area in which the leases are situated;
· a period of one calendar month will be given for submission or questions to be received;
· council staff will collate and prepare information for consideration of the local board or parties hearing the submissions. It is expected this will take approximately two to three weeks for this to be completed;
· the date of any proposed hearing is confirmed and advertised, giving reasonable opportunity to interested parties to attend;
· full consideration be given to all objections and submissions through the board, a committee; or person(s) as appointed by the board;
· either the committee or person(s) make a recommendation back to the board for a decision; or the committee or board make the final decision;
· the decision is referred to the Minister of Conservation (or her delegate) for sign off; and
· the lease documents are finalised and executed.
Implications of any delays
83. The relocation of both North Harbour BMX and Rosedale Pony Club is required in order to relocate North Harbour Hockey from their current site at Constellation Reserve. This part of the project is on the ‘critical path’ for the implementation of the Northern Corridor Improvements (NCI); consequently, each month of delay in decision making will delay the completion of the NCI accordingly.
84. The table below highlights the impact of a delayed project:
Impact of a Delay in Decision Making |
· Delay in the relocation of North Harbour Hockey resulting in a delay of the completion of the NCI. · Each month of delay at the start of this process results in one month delay in completing the NCI. · Each month of delay at the start of this process results in one month delay in the construction of NZTA funded community assets at Wainoni Park and Hooton Reserve. · Impact on securing funding opportunities for affected community stakeholders. · Impact of event planning for affected community stakeholders. · Impact on succession planning for affected community stakeholders. · Increased NZTA and council spend and resourcing required to progress lease notification approvals. · Increased NZTA and council spend and resourcing required to work with affected community stakeholders. |
Additional note |
· A month/s delay could exacerbate in a non-linear sense (i.e. three month delay at this end could result in a six month delay for the NCI) if a summer construction works season is missed. |
Consideration
Local board views and implications
85. The Upper Harbour Local Board have been provided with regular project updates and have facilitated various workshops with project members from Auckland Council, NZTA, Watercare and Harbour Hockey.
Māori impact statement
86. Mana whenua have been kept updated on the NCI as part of NZTA’s iwi liaison.
87. Engagement with iwi identified as having an interest in sites in the Upper Harbour Local Board geographical area is required regarding the proposal to grant new community leases. Council staff attended the Mana Whenua Forum held at Orewa on 7 December 2016, at which time the proposal was briefly presented to iwi representatives present.
88. Council staff will undertake further engagement with mana whenua regarding the proposed leases. This will involve email contact containing detailed information of each of the sites and the development proposed and inviting iwi representatives to a hui and/or for a kaitiaki site visit to comment on any spiritual, cultural or environmental impact with respect to the proposal.
Implementation
89. The implementation issues associated to the NCI project are conditional on:
· the parties signing formal agreements; and
· subject to the Upper Harbour Local Boards consideration of all the submissions and any objections to the proposed leases and whether to approve them or not.
90. On completion of the notification of the lease areas and the hearing of any submissions, two reports will be submitted to the local board at its business meeting in July 2017 requesting consideration of the submissions and land owner approval for detailed design. This will include recommendations on conditions for the construction work, and final agreements on ownership and ongoing maintenance of any new assets.
No. |
Title |
Page |
a⇩ |
Harbour Hockey Charitable Trust - Proposed Facility |
23 |
b⇩ |
North Harbour BMX Proposed Facility |
25 |
c⇩ |
Tennis Charitable Trust Current and Proposed lease areas |
27 |
d⇩ |
Wainoni Park Proposed Equestrian Hub |
29 |
e⇩ |
Lease details |
31 |
f⇩ |
Signed letters of intent from Equestrian Groups |
33 |
g⇩ |
Letter of intent from Auckland Council to Regional Facilties Auckland |
37 |
h⇩ |
Signed letter of intent from North Harbour BMX Association |
39 |
i⇩ |
Signed letter of intent from Tennis Charitable Trust |
41 |
j⇩ |
Hearings Process |
45 |
Signatories
Authors |
Maureen Buchanan - Lease Advisor |
Authorisers |
Mace Ward - General Manager Parks, Sports and Recreation Eric Perry - Relationship Manager |