Agenda of Devonport-Takapuna Local Board

Devonport-Takapuna Local Board

19 September 2017

New community lease to The North Shore Playcentre Association Incorporated, 22 Handley Avenue, Narrowneck.

File No.: CP2017/16954

Purpose

1. To grant a new community lease to The North Shore Playcentre Association for the land and building at 22 Handley Avenue, Narrowneck and in doing so forgo the expression of interest process.

Executive summary

2. In 1996 The North Shore Playcentre Association was granted a community lease of the land and building it occupies on Handley Avenue by the former North Shore City Council for a period of ten years with one right of renewal for a further ten years. The lease expired on 1 August 2016 and is holding over on a month to month basis.

3. The Auckland Council Community Occupancy Guidelines direct that new leases for council owned buildings should be subject to an expression of interest process.

4. The North Shore Playcentre Association has requested a new lease of the premises. The Devonport –Takapuna Local Board received and considered this request at its workshop 4 July 2017. The local board agreed to forego the requirement for an expression of interest process given the significant capital investment that the North Shore Playcentre Association has made to this facility and the continuing need for the services it provides.

5. This report recommends that the Devonport-Takapuna Local Board grant a new community lease to The North Shore Playcentre Association Incorporated for five years commencing 1 October 2017 with one five year right of renewal. This is the recommended term in accordance with the Auckland Council Community Occupancy Guidelines 2012.

Recommendation/s

That the Devonport-Takapuna Local Board:

a) agree to forego the expression of interest process prior to a new lease being considered.

b) grant a new community lease to The North Shore Playcentre Association Incorporated for Lot 2 DP92802 together with the playcentre building on the site (refer Attachment A) subject to the following terms and conditions:

i) commencement date 1 October 2017

ii) term – initial term of five years plus one right of renewal for five years

iii) rent $1.00 plus GST per annum if demanded;

iv) subsidised maintenance fee $500.00 plus GST per annum; and

v) the approved North Shore Playcentre Association Incorporated Community Outcomes Plan be attached to the lease document.

c) note that all other terms and conditions are in accordance with the Auckland Council Community Occupancy Guidelines 2012.

Comments

The premises

6. The North Shore Playcentre Association operates the Narrowneck Playcentre from the council-owned site and building at 22 Handley Avenue, Narrowneck.

7. The association has operated from this location since the mid 1980’s and in 2009 spent in excess of $300,000 renovating the interior and exterior of the building to provide open plan teaching space, kitchen, office, toilets and a dedicated sleep room for babies.

8. The site has been fully landscaped, including the placement of a number of raised planter beds. These are used by the children to grow their own fruit and vegetables, many of which are prepared in the kitchen by the children with the assistance of the adults managing the teaching sessions.

9. The outdoor play equipment was also upgraded to meet current safety standards and this provides a safe yet challenging environment that the children enjoy.

10. The site occupied is described as Lot 2 DP 92802. It is held in fee simple by Auckland Council as a classified local purpose (site for community buildings) reserve. There is no requirement to publicly notify the proposed lease to the association.

11. The premises are very well maintained by the association and there is a full asset management plan in place that enables the association to plan and fund necessary repairs and improvements in accordance with the terms of its lease with Auckland Council.

The North Shore Playcentre Association

12. The North Shore Playcentre Association was registered as an Incorporated Society in November 1973 (No 224136). Its objectives are to :

· work with nga whanau/families to provide quality learning experiences for young children;

· assist nga matua/parents to provide a playcentre, and maintain, equip and supervise it;

· advise, assist, encourage and coordinate the activities of existing playcentres; and

· develop public awareness of the playcentre movement and to develop public conscience concerning the welfare of young children and foster better matua /parent /child relationships.

Narrowneck Playcentre

13. The Narrowneck Playcentre which operates under the lease with the North Shore Playcentre Association caters for children from birth up to six years of age and currently has 32 families who regularly attend. Sessions are held each weekday morning with one supervised extension session for older children that runs into the afternoon. The playcentre is also used one afternoon each week by a local children’s drama group and on a casual basis for family gatherings, information events and celebrations like Maatariki.

14. The association ensures that every playcentre adult is offered free education that will give them the skills and confidence for parenting and working with children. The Playcentre Diploma is an NZQA qualification that consists of six courses. The playcentre provides teaching space for these courses when not being used by the children.

15. The most recent Education Review Office report was prepared in March 2014. It concludes that

· Narrowneck Playcentre is very well placed to promote positive learning outcomes for children;

· bi-cultural perspectives are evident in the programme and a bi-cultural partnership with Maori whanau is evident in association operations and embraced by the centres management team;

· the building has been beautifully restored with the redesign of some features to provide interesting and creative spaces for the different areas of play; and

· a feature of the centre is the strong sense of community. Effective parent leadership and association support contributes to the success of this centre.

16. Council staff have negotiated and agreed a community outcomes plan with the association (refer Attachment B) which, if approved by the Devonport–Takapuna Local Board, will be appended as a schedule to the community lease.

17. The financial accounts provided indicate that the association’s funds are sufficient to meet its liabilities and are being managed appropriately.

18. The association has all necessary insurance cover, including public liability insurance in place.

Consideration

Local board views and implications

19. At its business meeting of 6 June 2017, the Devonport-Takapuna Local Board resolved to approve the 2017/2018 Community Facilities work-programme (resolution number DT/2017/1). The proposed new lease to the North Shore Playcentre Association is listed on the Community Lease work programme 2017/2018.

20. The Auckland Council Community Occupancy Guidelines recommend calling for expressions of interest when a new lease is required in a council owned facility. The local board at its workshop 4 July 2017 considered the lease application received from The North Shore Playcentre Association. The local board acknowledged the significant capital investment that the association made to this facility and the continuing need for the excellent services offered. It was agreed that at this time the local board were willing to forego the opportunity to call for expressions of interest and staff were advised to progress the lease application from the incumbent lessee.

21. The community occupancy guidelines provide for a lease of five years with a right of renewal of five years when a group is to occupy a council owned building. The association has requested that a longer lease be considered. The Devonport-Takapuna Local Board has the delegated authority to consider such a request. It is suggested in the guidelines that the varied terms align to one of the other terms recommended i.e. a group in a council–owned building may be offered a 10 +10 year term as suggested for community owned buildings.

22. The proposed lease will assist in meeting the objectives of the Devonport –Takapuna Local Board Plan 2014 by providing “Facilities that enable community well-being” and “Active, connected and supported neighbourhoods”.

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

Māori impact statement

24. Auckland Council is committed to meeting its responsibilities under Te Tiriti o Waitangi and its broader legal obligations to Māori. The council recognises these responsibilities are distinct from the Crown’s Treaty obligations and fall within a local government Tamaki Makaurau context. These commitments are articulated in the council’s key strategic planning documents the Auckland Plan, the 2015-2025 Long-term Plan, the Unitary Plan and Local Board Plans.

25. Support for Māori initiatives and outcomes is detailed in Te Toa Takitini, Auckland Council’s Māori Responsiveness Framework. An aim of community leasing is to increase targeted support for Māori community development projects. Additionally it seeks to improve access to facilities for Māori living in the Devonport-Takapuna Local Board area.

26. The North Shore Playcentre Association is committed to being bicultural. It honours and is guided by Te Tiriti o Waitangi and operates on partnership encouraging the use of te reo me ona tikanga Māori in its centres. Within the North Shore Playcentre Association the Māori whanau are supported by the roopu, Mahi Ngatahi o Puawai.

Implementation

27. Council’s community lease staff will work with the club to finalise the deed of lease.

28. There are no direct cost implications for Auckland Council.

Attachments

No.	Title	Page
a ⇩	The Narrowneck Playcentre, 22 Handley Avenue, Devonport	11
b ⇩	The North Shore Playcentre Association Inc. Community Outcomes Plan	13

Signatories

Authors

Maureen Buchanan - Lease Advisor

Authorisers

Rod Sheridan - General Manager Community Facilities

Eric Perry - Relationship Manager

Devonport-Takapuna Local Board

19 September 2017

Devonport-Takapuna Local Grants Round One 2017/2018 grant applications

File No.: CP2017/16151

Purpose

1. The purpose of this report is to present applications received for Devonport-Takapuna Local Board Local Grants Round One 2017/2018. The local board is required to fund, part-fund or decline these applications.

Executive summary

2. The Devonport-Takapuna Local Board has set a total community grants budget of $276,000 for the 2016/2017 financial year.

3. Thirty-two applications were received in this round, with a total requested of $346,547. One late multi-board application was also received, requesting a total of $4,000, (refer Attachment C).

Recommendation/s

That the Devonport-Takapuna Local Board:

a) consider the applications listed in Table One and agree to fund, part-fund or decline each application in this round.

Table One: Devonport-Takapuna Local Board Local Grant Round One 2017/2018 applications

Application No.	Organisation Name	Project	Total Requested		EEligible/ineligible
LG1802-101	Takapuna Primary School	Towards the new community playground development in the Takapuna Primary School grounds.		$60,000	Eligible
LG1802-103	Harbour Sport Trust	Towards the bus costs for participants for the Shore to Shore 5km Fun Run.		$4,000	Eligible
LG1802-104	Lions Club of Devonport Incorporated	Towards the Devonport Lions Santa Parade traffic management, compliance costs, rental of Santa's sleigh and reindeer for the Devonport Santa Parade on 3 December 2017.		$4,300	Eligible
LG1802-106	Vox Pop Productions Ltd	Towards performer and sound costs, hireage of the Takapuna Memorial Hall, transport for the producer, on Christmas Eve in Takapuna for "The end of the Golden Weather" event.		$2,000	Eligible
LG1802-107	Spy Events Limited	Towards infrastructure (stage and audio), artist, entertainment, medical, security and waste management costs for the “Takapuna Summer Days” event on 12 January 2018		$25,000	Eligible
LG1802-108	Kaipatiki Project Environment Centre	Towards the “Totally Sustainable” talks		$4,292	Eligible
LG1802-109	Devonport Community House	Towards the cost of marketing, printing, stationery for a one day event to publicise the community house and for the cost of a display on the history of the community house		$2,000	Eligible
LG1802-110	Michael King Writers' Centre	Towards the cost of a website redesign for the Michael King Writers Centre		$5,000	Eligible
LG1802-111	Milford Residents Association Incorporated	Towards The mounting of the exhibition for Destination Milford: Roads, Rail and Water for the Heritage Festival 2017.		$2,498	Eligible
LG1802-113	Bayswater Parent Group	Towards transponders for the Bayswater Kids Duathlon and Jolly Jog Race on 5 November 2017.		$1,950	Eligible
LG1802-114	NZ Dance Advancement Trust (trading as The New Zealand Dance Company)	Towards “The New Zealand Dance Company” youth community engagement programme to create, rehearse and deliver the youth engagement performances/workshops and scope senior engagement delivery at Takapuna Grammar School.		$5,000	Eligible
LG1802-115	Devonport Folk Music Club Incorporated	Towards performer expenses and public address system for the Devonport Folk Music "Folk in the Park" event on 18 February 2018.		$2,800	Eligible
LG1802-116	North Shore Centres of Mutual Aid (CMA) Incorporated	Towards North Shore CMA operating costs for the 2017/2018 financial year.		$40,000	Eligible
LG1802-117	Bays Youth Community Trust	Requests support for their staff training and supervision for the Bays Youth Community Trust in Mairangi Bay.		$3,000	Eligible
LG1802-118	Takapuna Beach Business Association	Towards purchase the fibreglass owl and to promote the event "The Big Hoot Auckland 2018"		$7,500	Eligible
LG1802-119	StarJam Charitable Trust	Towards music performance workshops for youth with a disability. Request is for two music workshops in the Devonport-Takapuna area.		$2,946	Eligible
LG1802-121	Robyn Fond under the umbrella of Devonport Peninsula Trust	Towards costs for “The Devonport Dog Parade”		$5,000	Eligible
LG1802-122	Korean Garden Trust	Towards a preliminary and detailed ‘Site Investigation’ study for the Korean Garden - Stage 1.		$21,900	Ineligible needs to be a service agreement.
LG1802-123	Belmont Park Racquets Club	Tennis court maintenance. Replacement tennis nets and windbreak for the Belmont Racquets Club.		$2,000	Eligible
LG1802-124	Takapuna Beach Business Association	Towards staging and sound, live music, children's activities workshop costs, and games for the "I Love Takapuna French Festival".		$7,500	Eligible
LG1802-125	Belmont Park Bowling Club	Towards replacing the bowling carpet at Belmont Park Bowling Club.		$40,000	Eligible
LG1802-127	Takapuna Beach Business Association	Towards the cost of entertainment and traffic management plan for the "I love Takapuna Easter Carnival" for 2018.		$10,000	Eligible
LG1802-130	Devonport Business Association	Towards the “ArtWeek GLOW Devonport” event costs.		$20,000	Eligible
LG1802-132	ADHD Association Incorporated	Towards venue and equipment hire for the ADHD Awareness Day on 29 October 2017		$2,000	Eligible
LG1802-133	Forrest Hill Milford United Football Club Incorporated	Towards clubroom rejuvenation including painting the exterior walls of the football clubrooms at Becroft Park.		$10,000	Eligible
LG1802-136	The Operating Theatre Trust, trading as Tim Bray Productions	Towards various costs including venue hire, ticketing costs, additional lighting hire, costume materials, set materials, printing, mailout and advertising costs for two productions: “The Santa Claus Show '17” and “Pippi Longstocking”		$19,484	Eligible
LG1802-137	Action Education Incorporated	Towards spoken word poetry workshops for facilitating the 10 two hour spoken word poetry workshops		$2,000	Eligible
LG1802-138	Tennis Northern Region Incorporated	Removal of Trees at Forrest Hill Tennis Centre in Tristam Avenue.		$11,000	Eligible
LG1802-139	Hockey New Zealand Incorporated	Towards the Women's World League Hockey Final, school and community engagement with the “Small Sticks” and marketing and promotion and development programmes.		$15,000	Eligible
LG1802-140	Lake House Trust	Towards the Lake House Summer Playlist including the cost of a printed programme and printed advertising and technical equipment.		$2,477	Eligible
QR1702-513 (deferred from Quick Response Round Five 2016/2017)	Lofty Ned	Towards event production including main stage, marquees, sound concert system; and artists/talent for “Devonport Christmas Dance in the Park 2017”.		$5,900	Eligible
		Total		346,547

b) consider the applications in Table Two and agree to fund, part-fund or decline the application.

Table Two: Devonport-Takapuna Local Board Local Grant Round One 2017/2018 multi-board application

Application No.	Organisation Name	Project	Total Requested
LG1808-101	The Korean Society of Auckland Incorporated	Towards costs for “2018 Korean Day”	$4,000
		Total	4,000

Comments

1. The Auckland Council Community Grants Policy supports each local board to adopt a grants programme (refer Attachment A).

2. The local board grants programme sets out:

· local board priorities;

· lower priorities for funding;

· exclusions;

· grant types, the number of grant rounds and when these will open and close; and

· any additional accountability requirements.

3. The Local Board will operate three quick response and two local grant rounds for this financial year. The first local grant round closed on 28 July 2016.

4. The community grant programmes have been extensively advertised through the council grants webpage, local board webpages, local board e-newsletters, Facebook pages, council publications, radio, and community networks.

5. For the 2016/2017 financial year, the Local Board set a total community grants budget of $276,000. It is recommended that the board consider allocating up to 25% of this budget in this grant round, or $69,000.

6. Thirty-Two applications were received for this local grant round, requesting a total of $347,687. One late multi-board application was also received, requesting a total of $4,000 (refer Attachment C).

Consideration

Local board views and implications

7. Local boards are responsible for the decision-making and allocation of local board community grants. The Devonport-Takapuna Local Board is required to fund, part-fund or decline these grant applications against the local board priorities identified in the local board grant programme.

8. The board is requested to note that section 50 of the Community Grants Policy states “We will also provide feedback to unsuccessful grant applicants about why they have been declined, so they will know what they can do to increase their chances of success next time.”

9. A summary of each application is attached (refer Attachment B).

Māori impact statement

10. The provision of community grants provides opportunities for all Aucklanders to undertake projects, programmes, activities that benefit a wider range of individuals and groups, including Māori. As a guide for decision-making, in the allocation of community grants, the new community grants policy supports the principle of delivering positive outcomes for Māori.

Implementation

11. The allocation of grants to community groups is within the adopted Long Term Plan 2015-2025 and local board agreements.

12. Following the Devonport-Takapuna Local Board allocating funding for round one local grants, Commercial and Finance staff will notify the applicants of the local board’s decision.

Attachments

No.	Title	Page
a ⇩	Devonport-Takapuna Local Board Grant Programme 2017/2018	21
b ⇨	Devonport-Takapuna Local Grants Round One Applications 2017-2018 (Under Separate Cover)
c ⇨	Devonport-Takapuna Local Grants Round One 2017/2018 multi-board application (Under Separate Cover)

Signatories

Authors

Marion Davies - Community Grants Operations Manager

Authorisers

Jennifer Rose - Operations Support Manager

Eric Perry - Relationship Manager

Devonport-Takapuna Local Board

19 September 2017

Adoption of the Devonport-Takapuna Local Board Plan 2017

File No.: CP2017/17968

Purpose

1. To adopt the final version of the Devonport-Takapuna Local Board Plan 2017 (the local board plan).

Executive summary

2. The Local Government (Auckland Council) Act 2009 (the Act) requires each local board to adopt a local board plan by 31 October 2017.

3. The Act also requires local board plans to be developed using the special consultative procedure. The consultation period for the 2017 local board plans ran from 22 May to 30 June 2017.

4. The local board have considered submissions received and feedback gathered from the consultation period. As a result of this consideration, the following changes are proposed:

Outcome	Additions
Quality parks, beaches and open spaces that everyone can enjoy	· Investigate and deliver a skate park in Sunnynook. · Investigate a pump track in the local board area. · Support our sports clubs and recreation facilities. · Ensure the local board’s cycle and walkways create a complete connection from Sunnynook to Devonport. · Include bike racks when providing local park and path amenities. · Investigate and deliver an improved connection at Hillary Crescent.
A place of natural beauty and rich culture	· Keep our beaches, parks and reserves free of man-made litter.
Efficient public transport and roads that keep people moving	· Work with Auckland Transport to reduce congestion and deliver alternative modes of transport on Lake Road, including a bus way or high-occupancy vehicle (HOV) lane. · Work with Auckland Transport to identify opportunities to alleviate over-capacity issues at Akoranga and Sunnynook bus stations.
Our communities are empowered, engaged and inclusive	· Deliver regular local board pop-up events to increase community awareness and engagement with local board activities.
Our area has a thriving local economy and vibrant, unique town centres	· Increase car parking as part of the Unlock Takapuna project.

5. The final local board plan, which includes proposed changes, is included as Attachment A to this report.

6. Pending adoption of the local board plan, photos and other final design features will be completed prior to its publication.

Recommendation/s

That the Devonport-Takapuna Local Board:

a) approves the following changes being made from the draft Local Board Plan 2017

Outcome	Additions
Quality parks, beaches and open spaces that everyone can enjoy	· Investigate and deliver a skate park in Sunnynook. · Investigate a pump track in the local board area. · Support our sports clubs and recreation facilities. · Ensure the local board’s cycle and walkways create a complete connection from Sunnynook to Devonport. · Include bike racks when providing local park and path amenities. · Investigate and deliver an improved connection at Hillary Crescent.
A place of natural beauty and rich culture	· Keep our beaches, parks and reserves free of man-made litter.
Efficient public transport and roads that keep people moving	· Work with Auckland Transport to reduce congestion and deliver alternative modes of transport on Lake Road, including a bus way or high-occupancy vehicle (HOV) lane. · Work with Auckland Transport to identify opportunities to alleviate over-capacity issues at Akoranga and Sunnynook bus stations.
Our communities are empowered, engaged and inclusive	· Deliver regular local board pop-up events to increase community awareness and engagement with local board activities.
Our area has a thriving local economy and vibrant, unique town centres	· Increase car parking as part of the Unlock Takapuna project.

b) adopts the final Devonport-Takapuna Local Board Plan 2017, included as Attachment A.

c) delegates authority to the Local Board Chairperson to approve any necessary minor edits and changes.

Comments

7. The Local Government (Auckland Council) Act 2009 (the Act) requires local boards to produce and adopt a local board plan every three years. This means that the local board plan must be adopted by 31 October 2017.

8. Local board plans are strategic plans for the following three years and beyond. The plans reflect the priorities and preferences of the community. They guide how the local board:

· makes decisions on local activities and projects; and

· provides input into regional strategies and policies.

9. The plans form the basis for development of the annual local board agreement for the following three financial years and subsequent work programmes. They also inform the development of council’s Long-term Plan (the 10-year budget).

10. Under Section 83 of the Local Government Act 2002 local boards are required to use the special consultative procedure in adopting their local board plan. The consultation period ran from 22 May to 30 June 2017.

11. Submissions were made through the following channels:

· online form available on the Shape Auckland website

· hard copy form included in the household summary document

· via email or post.

12. 632 submissions were received on the draft local board plan. In addition, 1,223 people provided feedback at engagement events and 51 pieces of feedback gathered through the local board’s Facebook page.

13. The local board also held an extraordinary Community Forum on 27 June 2017 to hear from a range of key stakeholders in the local board area.

Consideration of submissions and feedback

14. The local board has considered all submissions, feedback data analysis reports from the public consultation informally at their 8 August 2017 workshop, and formally at their 15 August 2017 business meeting. Advice has been sought from staff on matters raised in the consultation period and this is reflected in the table included later in this report.

15. Public feedback on the draft plan’s outcomes and initiatives was very positively received by the community. A number of additional themes emerged from the public consultation which has helped shape the final local board plan. These themes, and proposed changes are outlined in the following table:

Key public feedback points	Analysis	Proposed changes
A petition with 365 signatures was received in support of building a skate park in Sunnynook.	The petition received in support of Sunnynook skate park was led by young people, who noted that the skate park would be a healthy and active outlet for families.	Investigate and deliver a skate park in Sunnynook.
Strong support for a pump track in the local board area	Feedback received showed an interest in a new outdoor space that offers a different experience than the spaces we currently have in the area.	Investigate a pump track in the local board area.
Strong support for better cycle and walkway connections across the local board area.	A continued focus on improved connections and development of local paths to ensure they are safe and accessible by all users.	Continue to implement the greenways network plan. Ensure the local board’s cycle and walkways create a complete connection from Sunnynook to Devonport. Investigate and deliver an improved connection at Hillary Crescent.
Requests for more bike racks in the local board public areas were received.	Feedback showed that families travel by bicycle to visit the beaches and parks in the local board area. However during peak times there are not enough bike racks for them to leave their bikes.	Include bike racks when providing quality park and local path amenities.
Improving and keeping Takapuna Beach clean was a common theme.	Keeping Takapuna Beach clean of man-made rubbish was prominent in feedback, with many noting that Takapuna Beach is a “jewel” to be protected, and the natural eco-systems to be respected. Responses indicated that Gould Reserve should be upgraded and that investment in this area would enhance the beach and central Takapuna.	Keep our beaches, parks and reserves free of man-made litter. Implement the Takapuna South Concept Plan.
Improving public transport and congestion on Lake Road.	Advocating for budget to improve Lake Road and seeing ferry and bus services aligned, on-time, more frequent and an integrated pricing structure were common themes.	Work with Auckland Transport to reduce congestion and deliver alternative modes of transport on Lake Road, including a bus way or high-occupancy vehicle (HOV) lane. Work with Auckland Transport to identify opportunities to alleviate over-capacity issues at Akoranga and Sunnynook bus station.
Improved communication with Auckland Council and local boards was common across all feedback.	Feedback received indicated that there is an interest in the community to have more engagement with members, in particular youth. An increased focused be placed on closing the loop on things like local board plan consultations and providing feedback to the community on how their input reflects in the plan.	Deliver regular pop-up events to increase community awareness and engagement with local board activities.
Ensure suitable parking provision in central Takapuna.	Submitters noted that parking provision needs to be meet the increased retail, hospitality and growth in central Takapuna	Increased car parking as part of Unlock Takapuna project.
To ensure the local board supports sports clubs and recreation facilities.	A number of submitters noted the absence of sport and recreation initiatives in the local board plan.	Support our sports clubs and recreation facilities.

16. A number of submitters also advocated that the local board needs to prioritise the upgrade of the Dacre Park sports fields. Planning and options for this upgrade is currently underway as part of council’s Sports Field Capacity Development Programme, and the local board will consider a final option for approval in November 2017. As a result, staff recommend that the local board plan does not include this initiative, as it is a current project and will be resolved in the coming months.

Changes to the Devonport-Takapuna Local Board Plan 2017

17. The final local board plan, with proposed substantive changes to the outcome chapters as described in the above table, is attached to this report.

18. Other minor changes, made for the purposes of clarification, are also included.

Consideration

Local board views and implications

19. The local board’s views have driven the development of the plan attached to this report.

20. In developing the draft local board plan, the local board considered:

· what we already know about our communities and what is important to them;

· submissions received via online forms, hardcopy forms, emails and post as well as feedback provided by people at engagement events and gathered through Facebook;

· council regional strategies and policies, such as the Auckland Plan, Community Facilities Network Plan and Thriving Communities Strategy;

· staff advice;

· stakeholder views from a sub-regional hui with mana whenua, sector engagement (i.e. arts and culture providers in the local board area) and an extraordinary Community Forum.

Māori impact statement

21. As part of developing the plan, the local board have: [tailor or delete as appropriate]

· considered views expressed by mana whenua authorities at a sub-regional hui with mana; and

· considered feedback from previous engagement sessions with mana whenua and matawaaka on other local projects in the local board area

22. The local board plan promotes outcomes or issues of importance to Māori by:

· partnering with Ngāti Whatua o Orakei to develop a coastal walk from Polly’s Glade to Wesley Street;

· identifying and promoting sites of cultural and historic importance to Māori and all ethnicities;

· partnering with the Tūpuna Maunga Authority and the Department of Conservation to educate, conserve and enhance the two iconic maunga, Takarunga-Mt Victoria and Maungauika-North Head;

· partnering with mana whenua and mataawaka to identify and progress areas of importance to Māori and the local community; and

· partnering with the Tūpuna Maunga Authority and key stakeholders to leverage economic development, tourism and cultural opportunities for our two maunga.

Implementation

23. Pending adoption of the plan, minor edits may be necessary. This report recommends that responsibility for approving these are delegated to the Chair.

24. Photos and other design features will then be added to the plan to prepare it for publication.

Attachments

No.	Title	Page
a ⇩	Devonport-Takapuna Local Board Plan 2017	63

Signatories

Authors	Tristan Coulson - Senior Local Board Advisor Devonport-Takapuna
Authorisers	Eric Perry - Relationship Manager

Devonport-Takapuna Local Board

19 September 2017

Recommendations regarding proposal to issue a lease on Takapuna Beach Reserve – report from independent commissioner

File No.: CP2017/18509

Purpose

1. The purpose of this report is to provide the Devonport-Takapuna Local Board with proposed recommendations from the independent hearings commissioner regarding a proposal to lease part of the northern part of Takapuna Beach Reserve for an upgraded campground / holiday park.

2. In addition, this report provides a process and indicative timeline to conduct an expressions of interest (EOI) process to appoint a private operator to run a campground on the northern part of Takapuna Beach Reserve, assuming the board resolves to confirm its intention to lease.

Recommendation/s

That the Devonport-Takapuna Local Board:

a) receive the report from the independent commissioner containing recommendations on a notified application under the Reserves Act 1977 in respect of the proposal to issue a lease over part of Takapuna Beach Reserve for the purpose of an upgraded campground / holiday park.

b) note the finding of the independent commissioner that, as the decision-making body in respect of the intention to grant a lease on the northern end of Takapuna Beach Reserve for an upgraded campground / holiday park, Auckland Council has complied with the procedures and requirements of the Reserves Act 1977.

c) note that, in terms of the issues raised and the findings contained within the independent commissioner’s report, there is no valid impediment to the granting of a lease for an upgraded campground / holiday park on the northern end of Takapuna Beach Reserve on appropriate terms and conditions.

d) approve the setting aside of a campground / holiday park on the current footprint of the Takapuna Beach Holiday Park on Takapuna Beach Reserve, pursuant to the requirements under Section 53(1)(h) of the Reserves Act 1977.

e) confirm its intention to lease the footprint of the current campground site on the northern end of Takapuna Beach Reserve for a term of an initial 20 years, with a further 10 year right of renewal for an upgraded campground / holiday park, as:

i) there is extensive public support for retaining a campground / holiday park on the northern part of Takapuna Beach Reserve as indicated through public submissions received as part of the lease notification process;

ii) many submitters to the lease notification process identified the campground / holiday park as unique, iconic and must be retained as part of the history of Takapuna;

iii) those supporting retention of the campground / holiday park view a long-term lease as the best way to secure what is seen as an appropriate use of the northern part of Takapuna Beach Reserve into the foreseeable future; and

iv) there is general support to retain the campground / holiday park on the basis that it will continue to provide an authentic Kiwi seaside holiday experience.

f) request Panuku Development Auckland (Panuku) include the following condition to the lease as confirmed under resolution e) above, noting that this matter has been raised by submitters as part of the lease public notification process, and that no significant issues have been raised by Panuku to indicate that inclusion of such a condition may negatively impact the expressions of interest (EOI) / tender process:

i) inclusion of a mechanism within the lease for Auckland Council to manage and monitor fees set for the campground / holiday park, noting that similar mechanisms have been included in leases for other such facilities, as this will help ensure access to the campground / holiday park by the wider public.

g) restate clause iii) of Devonport-Takapuna Local Board resolution number DT/2017/17, being a request to Panuku Development Auckland (Panuku) to conduct an expressions of interest (EOI) / tender process for an operator for the campground / holiday park in accordance with the terms of the lease confirmed in resolutions e) and f) above.

h) request that Panuku Development Auckland (Panuku) explore the following matters as part of the expressions of interest (EOI) / tender process for selection of the campground / holiday park operator, rather than as conditions of the lease:

i) that the design and style of the campground / holiday park and its supporting facilities be commensurate with the character and style of the present holiday park (‘upgrade, not upmarket’);

ii) that use of the campground / holiday park site be maximised through better contouring to provide more useable land, and to help solve current drainage issues with the site;

iii) relocation of the campground / holiday park entry to Earnoch Avenue or to the northern end of Alison Avenue to help address access issues for patrons, particularly when The Promenade is closed for special events;

iv) pulling back the coastal boundary of the campground / holiday park lease footprint to provide at least a five metre wide coastal pathway for the public;

v) restriction of vehicular entry to the campground / holiday park during daylight hours, and to focus marketing of the operation on the special experience being offered;

vi) limit the length of stay during the busy summer holiday season to 10 days from Christmas Day through to Waitangi Day (or possibly Easter); and

vii) limit the size and weight of vehicles allowed to access the campground / holiday park site, with site access limited to vehicles with a length of seven metres or less, noting that such restriction would not prevent access by motorhomes typically found in the rental market.

i) does not support inclusion of the following matters as either conditions to the campground / holiday park lease, or as matters to include as part of the expressions of interest (EOI) / tender process:

i) making use of relatively small module buildings as campground / holiday park amenities, as:

a) the goal of the EOI / tender process is to achieve broad market appeal for the campground / holiday park operation, and such restriction could limit the number and quality of tenders received;

b) all proposed buildings will need to comply with normal building and resource consent processes and demonstrate optimal use of the site area;

ii) inclusion of a provision or condition to provide compensation to the operator (‘buy out’) in the event that Auckland Council may want to reduce or close the campground / holiday park at the end of the initial 20 year lease term to meet public need at that time, as:

a) council already has other legal means to re-acquire the lease interest if the land is needed for another public purpose; and

b) tenderers require certainty of tenure if they are to be asked to invest significant capital into the campground / holiday park operation.

j. note that, in the event the local board resolves to confirm a lease for a campground / holiday park on the northern end of Takapuna Beach Reserve, a report will be presented in early 2018 requesting amendment to the operative Takapuna Beach Reserve Management Plan 2013 to account for the campground / holiday park activity.

Comments

Introduction

3. At its meeting on 15 November 2016, the Devonport-Takapuna Local Board resolved to confirm its support for “an upgraded beach holiday park and campground activity, in the same location on the same leased area, within the Northern Activity Zone of the Takapuna Beach Reserve” (resolution number DT/2016/201).

4. On 21 February 2017, the local board requested (resolution DT2017/17) that council staff to progress with “public notification of the intent to grant a lease on the northern end of Takapuna Beach Reserve for a campground / holiday park activity in accordance with the requirements of the Reserves Act 1977 under the following terms:

i) proposed lease term of an initial 20 years, with a further one 10 year right of renewal;

ii) the proposed campground / holiday park activity lease area on offer be the same as the current Takapuna Beach Holiday Park leased area at the northern end of Takapuna Beach Reserve; and

iii) assuming successful navigation of the public notification of the lease under the Reserves Act 1977, the local board requests Panuku Development Auckland conduct an expression of interest / tender process for the lease in accordance with the intent of resolution c) above.”

5. At its meeting on 20 June 2017, the local board also resolved to appoint one independent hearings commissioner (Gerald Rowan) to hear submissions on the proposed lease, and to subsequently make a recommendation to the board regarding the proposed lease for the campground / holiday park activity in accordance with Section 54(1)(a) of the Reserves Act 1977.

6. On 26 April 2017, council gave public notice of the intention to grant a lease for the campground activity on the northern part of Takapuna Beach Reserve. Submitters were asked whether they support or oppose the Devonport-Takapuna Local Board proposal to lease part of Takapuna Beach Reserve (the area of the current Takapuna Beach Holiday Park) to a private operator on a commercial basis for the purpose of a campground.

Summary of submissions

7. The public hearing of submissions to the leasing proposal was held in the Council Chamber on Level 3 (1 The Strand, Takapuna) on Thursday 27 July 2017. 16 submitters were heard in support of their submission at the public hearing on 27 July.

8. A total of 1,244 submissions on the lease proposal were received within the advertised timeframe. A full copy of the independent commissioner’s report is presented as Attachment A, which contains a thorough assessment of the issues raised by submitters, the statutory context within which decisions must be made, a summary of findings, and recommendations to the local board.

9. Of the 1,244 submissions, 1,231 were from individuals and the other 13 from organisations. 978 (approximately 78.6%) submissions were in support of the lease as proposed, while 265 (21.3%) registered opposition. One respondent neither supported nor opposed the proposed lease. However, a reading of the submissions revealed that 84 of those who registered opposition (6.75% of all submitters, or 31.7% of all those who registered opposition) were not against a lease being granted, but were registering concern about uncertainty around the terms of the lease, and the type and scale of upgraded facilities envisaged by the proposal.

10. 371 of those submitters in support, and 57 opposed, did not provide any comment to support their position.

11. The majority of submissions (approximately 60% of those received) were identified as being from the Devonport-Takapuna Local Board area and / or the immediate adjoining local board areas on the North Shore. 954 of all responses (or 77%) came from the wider Auckland region, whilst the remaining 290 (or 23%) came from outside Auckland or did not indicate a location.

12. Of the 1,176 respondents who provided gender and age information, 62% were female. Less than 2% of all respondents were under 25 years of age, 21% in the 25-44 years of age range, 52% 45-64 years of age, and 26% of respondents were 65 years or older.

Issues raised in submissions

13. The independent commissioner’s report notes that a very ‘wide and diverse range’ of issues were received from submitters, both before and during the hearing. In his report, the commissioner noted appreciation for the positive and frank manner in which information and views had been shared, and the considerable time and effort that went into preparing submissions. The willingness of submitters to provide supplementary information at the hearing was also acknowledged.

14. The attached commissioner’s report notes that approximately 29 different issues were raised as part of the consultation process, but many of the issues are related and could be grouped under 11 main headings for the ease of management. The commissioner’s report goes into detailed discussion on each of these 11 matters (refer to pages 14-30 of Attachment A), but have been briefly canvassed in the table below. The issues below have been presented in order of the level of response received:

Broad issue	Commentary
Retention of Takapuna Beach Holiday Park	· Fundamental positon of 85% of submitters supporting lease proposal. · While a significant number (85) signalled concern about lack of detail in respect of lease conditions, uncertainty surrounding a new lessee, scope of any redevelopment, the length of lease term, and the lack of information about the limitations on camp fees / length of stay, these respondents were generally supportive of a campground staying on site. · 20% of submitters provided statements of general support for retention of a campground without specific reasons provided. Reference was given to love of place, appropriateness of activity on the site, personal experience of staying at the campground, or that it was simply ‘good to see people holidaying there’. · A number of locals, including those who identified themselves as neighbours, referred to the campground as being valued by locals who are happy to share ‘this special part of Auckland and New Zealand with others – Kiwi and international’.
Heritage, uniqueness, the iconic nature of the Holiday Park	· 197 (19%) of those respondents supporting retention of the campground commented on its iconic nature – reference was given to the uniqueness of the facility, and the cherished memories of childhood / family holidays there. · Identification of the campground as being representative of Kiwi culture and history, and that it should be retained for its cultural heritage value. · Reference was made to the campground as being part of North Shore history and culture.
Long-term lease provides security and certainty	· Support for a long-term lease came entirely from those wanting to see the campground retained. 9% of this group providing comment did so specifically referencing the need for a long-term lease as the best option. · A long-term lease would secure the future of the campground on the site, allow upgrading to take place at no cost to council, allow the operator time to recover necessary investment, remove the land from potential inappropriate development by ‘marine interests’ or others, and provide the community with certainty around the use of open space. · 16 submitters indicating support for the campground lease as proposed did express concerns about the 20 + 10 aspect, and argued a shorter term would be more appropriate. · Some respondents supported retaining the campground activity but opposed the proposed lease term, preferring that Auckland Council manage the facility itself, rather than a private operator.
Frustration with endless consultation	· Frustration was expressed in submissions and at the hearing about the number of times the community has been consulted about the use of the site. 89 submitters commented specifically on this aspect, noting many years of participation in public workshops and meetings, and formally responding to public notification procedures. · All 89 submitters referenced above supported retention of the campground and felt that the public has already clearly expressed support for this – through the 2011-2013 reserve management plan process, and through the 2015 consultation on the four land-use options. · This frustration has generated a ‘climate of mistrust’ in the community and with the Devonport-Takapuna Local Board. Several submissions contained comments that are critical of the local board, with some referencing delays in decision-making being a mechanism for ensuring the demise of the campground. · Other comments referenced ‘hidden agendas’ with the objective of ‘letting yachting back in’, and to perceived conflicts of interest of those making decisions.
Maintain low-key nature of facilities and provide range of affordable accommodation	· 87 submissions noted the importance of the continued availability of the campground to New Zealand families. Comments included the need to retain the campground and that it be upgraded to provide range of low budget, affordable accommodation, with particular reference made to Kiwi families and international travellers. · Comments were provided r a needed upgrade programme to provide a ‘traditional Kiwi camping holiday experience’. Providing this experience was identified as an objective in its own right, but submitters commenting on this aspect noted that modest buildings and infrastructure would also allow for more economical charging.
Convert the site to public open space	· This was the most significant reason provided in submissions opposed to the proposal to lease. Submitters holding this view felt that the land would serve a greater public good by being cleared of current buildings and made available for unrestricted public use. · 84 submissions articulated this view – some submitters referred to the purposes of the Reserves Act 1977, while others referenced what they understand to have been the original intention of the Takapuna Borough Council when purchasing the land in 1978, along with council decisions in 2003 and 2013 not to renew the lease when it expired. · Some in opposition to the proposed lease referenced what they saw as very restricted public access to the area by a few, at a time when the need for public open space is increasing because of growth and intensification.

Downside of a long-term lease	· 31% of those opposed to the proposed lease cited length of term as a major reason for their objection. These submitters expressed concern that such a lease would lock up the use of the land for 30 years and remove flexibility, thus removing the ability of council to review the land use situation within that time. · A number of submitters expressed concern around the length of the proposed lease (discussed elsewhere in commissioner’s report). · Several submitters expressed concern that the present campground / lease footprint takes up too much land. Several of those submitters supporting retention of campground and the grant of a lease would like to see a reduced lease footprint. · A reduced lease footprint was also the position of a number of submitters in opposition to the proposed lease, commenting that if a lease is to be granted it should be for a smaller area.
Economic value to the community	· 55 submitters made specific reference to the spending power of campers and the substantial economic benefit accruing to the businesses of Takapuna due to the campground. · In many of these submissions, the value of the campground to both domestic and international tourism was cited. Several submitters mentioned the significant marketing opportunity afforded New Zealand by the campground, with its ‘low-key special character’ and its location right on the coast and in the heart of the city, which offers a unique experience to travellers.
Reserves should not be privatised	· 30 submitters voiced opposition to the principle of a public asset being leased by an individual or private entity for commercial gain. If a campground is to needed and is to be a private business, it should be located elsewhere. · Most submitters providing this view felt that, if the campground is to remain on the same location, it should be run by Auckland Council, possibly by council’s Regional Parks team.
Consultation and statutory process concerns	· A number of submitters felt that proper processes have not been followed and that council has not met its statutory obligations, under either the Reserves Act 1977 or the Local Government Act 2002. · Several submitters suggested that the Devonport-Takapuna Local Board did not go far enough in informing residents about the proposed lease, and that a comprehensive letterbox drop should have been conducted. · At the hearing, several submitters requested that the local board re-engage with the community by re-establishing the community representation group, and by instituting a more transparent process for detailed decision-making going forward.
Uncertainty around a lease / scope of upgrading	· Several submitters in both support of and opposition to the proposed lease expressed concerns that insufficient information is available about the design / scale of a refurbished campground, and about the mechanisms ensuring that the end product is what the local board and the community want by way of outcome. · Various suggestions were put forward to maintain the character of the campground, the scale of development, and the availability of a camping opportunity for as many people as possible, particularly ‘the average Kiwi family’. · Several submitters referenced what they felt as a dangerous environment in front of the Takapuna Beach Café, due to conflicting uses and traffic at this location. Possible solutions offered included comprehensive planning for the wider area and not decision-making involving the campground only, and exploration of alternative vehicle access from Earnoch Avenue as a means of easing current congestion.

Summary of commissioner’s findings

15. Upon consideration of the issues and concerns raised by the public as part of the lease consultation process, the independent commissioner has provided a ‘summary of findings’ as part of his report to the local board (refer pages 30-31 of Attachment A). These findings relate to his recommendations to the local board regarding the proposed lease, and are briefly canvassed here as follows:

i) There is extensive public support for retaining the campground and the granting of a lease to facilitate this.

ii) Many view the campground / holiday park as unique, iconic, and must be retained as part of this history of Takapuna.

iii) Most of those supporting retention of the campground see a long-term lease as the best way to secure what they see as the appropriate use of the northern end of Takapuna Beach Reserve into the foreseeable future.

iv) There is considerable frustration at the long, drawn out delays in giving effect to ‘what the public want’.

v) The retention of the campground / holiday park, on the basis that it will continue to provide ‘an authentic Kiwi seaside holiday experience’, is well supported. The main theme arising is to ‘keep it simple, keep it affordable’.

vi) It is properly the role and responsibility of Auckland Council to determine the community’s need for open space and other opportunities for recreation.

vii) The reasons advanced for being opposed to the long-term nature of the lease are varied.

viii) The economic value of the campground to the community was well commented upon, but there are mixed views on the value to local businesses.

ix) Concerns about allowing commercial interests to profit from operating on public land have no basis in law. The lease as proposed is not inconsistent with the Reserves Act 1977.

x) Concerns that Auckland Council has not properly consulted with the community, or that the decision-making had been flawed, have not been supported by appropriate evidence. The council is considered by the commissioner to have met its statutory obligations, including those defined in the Reserves Act 1977.

xi) While some submitters would like to have ‘hands on’ involvement in future decisions about the detail of a suitable development proposal, Auckland Council has the responsibility for making the decisions that will secure its vision for the reserve.

Independent commissioner’s recommendations to the Devonport-Takapuna Local Board

16. Having considered the requirements of the Reserves Act 1977, the information provided for the public hearing, the content and overall thrust of the public submissions received, and having undertaken site inspections and made appropriate enquiries subsequent to the hearing to properly inform recommendations, the commissioner has recommended that council (i.e. the Devonport-Takapuna Local Board):i)Receive his report, noting the number of submissions received and the range of issues and concerns raised.

17. Note the finding that, as the decision-making body in respect of the intention to grant a lease on the northern end of Takapuna Beach Reserve for an upgraded campground / holiday park, that the council has complied with the requirements of the Reserves Act 1977 in terms of the procedures to be followed.

i) Note that, in terms of the issues raised and the findings contained in the commissioner’s report, there is no valid impediment to the granting of a lease on appropriate terms and conditions.

ii) Confirm its intention to lease the current campground site, less a narrow strip along the coastal boundary, for the term proposed in the public notice (being an initial 20 years, with a further one 10 year right of renewal).

iii) Adopt the approach to an upgrade programme, and the application of what are considered appropriate lease provisions recommended in the commissioner’s report (as outlined on pages 35-36 in Attachment A).

18. The local board is requested to consider the recommendations of the independent commissioner and resolve its position accordingly. In addition, the board is requested to include in its resolutions reasons why it has accepted or rejected the independent commissioner’s recommendations. This will help ensure that, when the lease is considered for renewal in 20 years’ time, future decision-makers will have a clear understanding of why the local board resolved in the way that it did.

Potential lease considerations to include as part of expressions of interest process

19. Upon consideration of the views and preferences put forward from the public as part of the lease consultation process, the independent commissioner has offered several recommendations for the local board to adopt as part of a forthcoming expressions of interest (EOI) process, in the event the board decides to confirm the lease as proposed.

20. The commissioner has offered the following provisions be included in any subsequent lease documentation:

i) The design and style of the campground and its facilities to be commensurate with the character and scale of the present holiday park, i.e. ‘upgrade, not upmarket’.

ii) Maximise the use of the site. The poor state of current buildings and infrastructure, confirmed in a 2015 condition report commissioned by Panuku Development Auckland (Panuku), provides the opportunity to ‘start again’. Better contouring, even cut and fill, would provide more usable land and possibly help solve current drainage issues. The new lease should also require removal of caravans from the site.

iii) Relocate the campground entry to Earnoch Avenue, or to the northern end of Alison Avenue, separating this activity and removing traffic from an area already congested by those using the boat ramp and patronising the café. Providing this independent access also solves problems for campground patrons arising from the necessary closure of The Promenade to vehicles during special events.

iv) The coastal boundary of the campground be pulled back to provide at least a five metre wide coastal pathway for the public. This need not happen immediately in physical terms, but would allow council to move when the need arises without recourse to negotiations with the lessee.

v) Make use of relatively small modular-type buildings. This would keep buildings to a modest scale, allow for off-site construction and rapid placement on-site, provide the opportunity to better spread facilities around the site, and allow for ready removal when the time comes.

vi) In terms of ensuring access to the facility by the wider public, maintain council control on the level of fees able to be charged.

vii) Restrict vehicular entry to daylight hours, focus marketing to potential patrons the special experience being offered, and resolve to look after the interests and welfare of other patrons (i.e. not being woken in the middle of the night with someone is setting up camp).

viii) Limit the length of stay during the busy summer holiday season. A 10-day limit is considered reasonable and necessary from Christmas Day through to at least Waitangi Day, or possibly Easter.

ix) Limit the size and weight of vehicles. Large ex-bus motorhomes do not fit readily on a regular site, and their weight cannot help but impact on grassed surfaces. Access is suggested to be limited to vehicles with a length of seven metres or less, which covers those vehicles typically found in the rental motorhome market.

x) At the end of the initial 20-year term, provide an opportunity for council to reduce or close the campground to meet public need at that time. This would entail compensation or ‘buy-out’ provisions included within the lease, with a formula for doing this negotiated at the time of granting the lease and included within the lease documentation.

xi) By way of procedure, ensure council has set apart the area of the reserve under Section 53(1)(h) for a camping ground. This action is a necessary precursor to a lease being issued for this purpose under Section 54(1)(a).

21. More information on the requirement to ‘set aside’ an area of the reserve for the campground, including implications on the current reserve management plan, will be discussed in the ‘Local board views and implications’ sections of this report.

22. The local board is requested to consider the independent commissioner’s recommendations regarding conditions for inclusion in the lease documentation. In addition, the board is requested to include in its resolutions reasons why it has accepted or rejected the independent commissioner’s recommendations regarding these conditions. This will help ensure that, when the lease is considered for renewal in 20 years’ time, future decision-makers will have a clear understanding of why the local board resolved in the way that it did.

Possible implications recommended lease conditions may have on expressions of interest process

23. It should be noted that the independent commissioner did not consider the potential implications that including these conditions may have on the expressions of interest (EOI) process, as such consideration was not part of his remit when conducting the hearing or preparing his report. It is possible that inclusion of some of the above identified conditions may directly impact the type, quality and nature of tenders which may come forward from potential operators, which in turn may influence the future ‘look and feel’ of the campground / holiday park.

24. It is important, therefore, that the local board consider any potential implications that inclusion of the above conditions may have on a future expressions of interest (EOI) / tender process. In the event that the board wishes to include any conditions on the lease itself, it will need to resolve accordingly.

25. In addition to commercial matters, the local board should also give consideration to the overarching objectives for Takapuna Beach Reserve as espoused in the operative reserve management plan (Takapuna Beach Reserve Management Plan 2013) when considering what conditions may be appropriate for a lease. These objectives are outlined in detail within Chapter Three of the reserve management plan itself (which is presented in full at Attachment B for reference), and have briefly canvassed below:

i) To be able to accommodate more people and activities, both structured and unstructured, within the reserve, while ensuring a positive visitor experience and maintaining or enhancing the reserve’s natural, cultural and physical values;

ii) To ensure that a large part of the reserve, and in particular that which adjoins the coastal edge and beach, is available for unimpeded public access so people can freely move along and across the reserve and beach;

iii) To provide an ‘activity zoning’ regime where particular activities are provided for to better manage the scarce land resource of the reserve;

iv) To accept that a greater number of structured activities will need to be provided for in the future, particularly within the Northern Activity Zone;

v) To acknowledge and respect cultural values associated with the place and its people over successive generations;

vi) To enable the reserve to be one of the major water access points along Auckland’s east coast for marine sport and recreation activities;

vii) To provide a limited number of leases and licences for uses relevant to the purpose of the reserve;

viii) To better integrate the reserve within the Takapuna metropolitan centre and urban development on the landward edge; and

ix) To achieve integrated management across land and sea interface so that the effects of land use on the marine environment are alleviated.

26. Staff from Panuku have provided an initial analysis of the conditions put forth by the independent commissioner as follows:

Lease condition (paraphrased)

Commentary from Panuku

Design / style of the campground / facilities be commensurate with character / scale of present holiday park (‘upgrade, not upmarket’)

· Noted by Panuku; no significant issue identified.

· Recommendation – explore mainly through EOI / tender process, possibly not as a lease condition at this point.

Maximise the use of the site - poor state of current buildings and infrastructure provides the opportunity to ‘start again’.

Better contouring to provide more usable land and help solve current drainage issues.

New lease should also require removal of caravans.

· Opportunities for earthworks to improve the site will be considered on their merits, as part of the expression of interest and tender process.

· Impact of earthworks on existing site roads, existing retaining walls and underground services may or may not need to be a consideration.

· Any caravans should be road-worthy – no static caravans are likely to be allowed under the new lease.

· Recommendation – explore mainly through EOI / tender process, possibly not as a lease condition at this point.

Relocate the campground entry to Earnoch Avenue, or to the northern end of Alison Avenue.

Providing independent access solves problems for campground patrons arising from the necessary closure of The Promenade to vehicles during special events.

· Already envisaged as an option in the consultation materials, but needs to be confirmed for technical feasibility.

· Impact on Earnoch Avenue land owners needs to be canvassed appropriately. Firm commitment to relocate the entrance cannot be given at this stage but the intention will be pursued via the EOI / tender process.

· Recommendation – explore through EOI / tender process, not as a lease condition at this point.

Pull back coastal boundary of the campground to provide at least a five metre wide coastal pathway for the public.

This would allow council to move when the need arises, without recourse to negotiations with the lessee.

· The existing site boundary is set back around 4m from the sea wall and appears to be adequate to maintain public access along the coast.

· The costs of moving the boundary back by a further metre, including the financial implication on operations due to a loss of around 100sqm, would need to be explored before a commitment can be made to this proposal.

· Recommendation – explore through EOI / tender process, not as a lease condition at this point.

Make use of relatively small modular-type buildings.

This would keep buildings to a modest scale, allow for off-site construction and rapid placement on-site, provide the opportunity to better spread facilities around the site, and allow ready removal.

· Intent to provide a ‘modest but modern’ facility is readily agreed, however goal of EOI is to achieve broad market appeal.

· Not envisaged that the EOI / tender document will be prescriptive around the construction of proposed buildings.

· All proposed buildings will need to comply with normal building consent processes, and demonstrate an optimal use of the site area.

· Recommendation – do not include as lease condition; do not include as part of EOI / tender process.

Maintain council control on the level of fees able to be charged to ensure access to facility by the wider public.

· Noted by Panuku; no significant issue identified.

· Recommendation – include as a lease condition.

Restrict vehicular entry to daylight hours.

Focus marketing to potential patrons the special experience being offered, and the resolve to look after the interests and welfare of other patrons (i.e. not being woken in the middle of the night with someone setting up camp).

· Supported in principle, however in practice this may be an unreasonable and impractical operational constraint.

· Recommendation – explore through EOI / tender process, not as a lease condition at this point.

Limit the length of stay during the busy summer holiday season.

A 10-day limit is considered reasonable and necessary from Christmas Day through to at least Waitangi Day, possibly Easter.

· Supported in principle, however in practice this may be an unreasonable and impractical operational constraint.

· Panuku will work with a campground operations specialist on this matter and other issues to ensure appropriate controls are in place.

· Recommendation – explore through EOI / tender process, not as a lease condition at this point.

Limit the size and weight of vehicles.

Large ex-bus motorhomes do not fit readily on a regular site, and their weight cannot help but impact on grassed surfaces.

Access is suggested to be limited to vehicles with a length of seven metres or less, which covers the rental motorhome market.

· Supported in principle, however in practice this may be an unreasonable and impractical operational constraint.

· Recommendation – explore through EOI / tender process, not as a lease condition at this point.

At the end of the initial 20-year term, provide an opportunity for council to reduce or close the campground to meet public need at that time.

This would entail compensation or ‘buy-out’ provisions included within the lease, with a formula for doing this negotiated at the time of granting the lease and included within the lease documentation.

· Not considered necessary to have explicit terms in the lease, as council already has other legal means to re-acquire the lease interest if the land is needed for another public purpose, such as the Public Works Act.

· Tenderers need certainty of tenure if they are going to be asked to invest significant capital into the operation. Staff believe that a 20+10 year lease term is appropriate to achieve this.

· If such terms are specifically included in the lease, it could act as a disincentive to maintain the premises from say year 15 onwards, if there is an underlying threat of ‘buy-out’ at year 20.

· Recommendation – do not include as lease condition; do not include as part of EOI / tender process.

Consideration

Local board views and implications

Responsibility for decision-making

27. Under the Local Government (Auckland Council) Act 2009, local boards have the statutory obligation to conduct and undertake community engagement, consultation and advocacy for matters which affect their communities, in addition to the statutory requirements under the Reserves Act 1977 which is discussed elsewhere in this report.

28. More specifically, local boards have been allocated decision-making for non-regulatory matters through the Allocation of Decision-Making Responsibility for Non-Regulatory Activities included as part of council’s Long-term Plan. When considering the matter at hand, the decision-making authority of the Devonport-Takapuna Local Board can be derived from a range of themes included in this allocation as outlined in the table below:

Theme	Local board non-regulatory responsibility
Governance and support	· Local governance, including decision-making and oversight of decisions on local activities
Auckland Development	· Local planning and development, including local place-shaping activities, including local leadership to create a local identity
Parks, Community and Lifestyle	· Community development and facilities, including the use of local community facilities, including leasing and changes of use · Local parks, sport and recreation, including the use of local recreation facilities and initiatives including leasing and changes of use · Parks, including local parks improvements and place-shaping, and the use of and activities within local parks

‘Setting aside’ reserve land for purposes of a campground / holiday park

29. As indicated by the independent commissioner in his report, the local board must ‘set aside’ the area of the northern part of Takapuna Beach Reserve for a campground prior to the granting of a lease for the activity in accordance with Section 53(1)(h)(ii) of the Reserves Act 1977. Advice received from council’s Legal Services department suggests that there is no issue with this decision being made at the same meeting where consideration is being given whether or not to grant a lease for the activity.

30. Although stated within Section 53 of the Reserves Act, Ministerial approval is not required to set aside an area for the campground activity, as the reserve is managed by a local authority (refer Section 53(2) of Reserves Act 1977). It should also be noted that the requirement to obtain Ministerial approval to grant a lease on a reserve (refer Section 54(1) of Reserves Act 1977) has been previously delegated to Auckland Council staff.

Amending the operative reserve management plan

31. The Reserves Act 1977 requires the administering body of a reserve to keep its reserve management plans under continuous review, so that the plans are adapted to changing circumstances or in accordance with increased knowledge (refer Section 41(4) of Reserves Act 1977). If the local board makes a decision to set aside part of the reserve as a campground and grants a lease, the reserve management plan should be amended to reflect this.

32. The Reserves Act 1977 contains a prescriptive process to follow if an administering body is undertaking a ‘comprehensive review’ of its management plan. Where an administering body is considering any change not involving a comprehensive review to its management plan, it may, if it thinks fit, follow the specified process included within the Reserves Act 1977 (refer Section41(8-9) of Reserves Act 1977).

33. Advice from council’s Legal Services department suggests that it is unlikely that amending the operative Takapuna Beach Reserve Management Plan 2013 to include the campground would constitute a ‘comprehensive review’ of the management plan itself. The question is then whether it is prudent to undertake a further consultation process to amend the management plan to account for the campground activity. Under existing circumstances, where public consultation has already been undertaken and community views sought on granting the campground lease, council’s Legal Services staff consider it would be reasonable for the local board to amend the reserve management plan without further consultation on the issue.

34. In terms of timing, there is little difference if the management plan is amended before or after the operator is selected. If the local board resolves to set aside part of the reserve as a campground and confirms its intent to grant a lease, these decisions can be reflected in the reserve management plan at the same meeting at which an operator is selected.

35. Based on this advice, it is anticipated that the local board will receive a report in the first quarter of 2018 to formalise the updates required in the Takapuna Beach Reserve Management Plan to reflect the granting of lease for a campground. It is envisaged that this report would be presented alongside the results of the outcome of the expressions of interest (EOI) process that Panuku will manage, in the event the local board resolves as such.

Māori impact statement

Statutory requirements

36. The Reserves Act 1977 requires that any decisions made under the Act must give effect to the principles of the Treaty of Waitangi. This obligation derives from Section 4 of the Conservation Act 1987, and the schedule to the Conservation Act 1987 includes the Reserves Act itself.

37. The most relevant Treaty principles are:

i) Good faith and partnership – the duty to interact in good faith and in the nature of a partnership. There is a sense of shared enterprise and mutual benefit where each partner must take account of the needs and interests of the other; and

ii) Active protection – the duty to proactively protect the rights and interests of Māori, including the need to proactively build the capacity and capability of Māori, as is reasonable under the circumstances.

38. Consultation is also relevant, as there is an obligation to consult Māori where Treaty principles arise for consideration under the Reserves Act 1977. Consultation requires the Crown, and council as the administering body, to (in summary):

i) Provide Māori with access to relevant information on the matter, the purpose of the consultation and the scope of the decision to be made;

ii) Invite Māori to present their views, and provide an opportunity to present views in an appropriate manner; and

iii) Receive views with an open mind and consider them when making a decision, and provide information on the decision.

Mana whenua participation prior to lease notification

39. Prior to the statutory consultation process required for lease notification under the Reserves Act 1977, 19 mana whenua were invited to participate in a 1 August 2016 visioning workshop. Representation from Te Runanga o Ngāti Whatua was present on the day and contributed positively to the workshop outcomes. The visioning workshop identified the strong desire by the stakeholders and mana whenua partners present on the day to ensure a strong cultural footprint is reflected in the upgraded facility.

40. Assuming that the local board confirms a lease, Panuku can facilitate the expression of a mana whenua cultural narrative to be developed through the design process for the campground using the Te Aranga Design Values and Principles matrices. The Te Aranga Māori Design Values and Principles are a set of outcome-based principles founded on intrinsic Māori cultural values, and are designed to provide practical guidance for enhancing outcomes for the design environment.

41. The principles have arisen from a widely held desire to enhance mana whenua presence, visibility and participation in the design of the physical realm. They were developed to provide clear guidelines for positive engagement with mana whenua and for shaping the built environment to acknowledge Auckland’s position as a city in the South Pacific.

Mana whenua participation in lease notification process under Reserve Act 1977

42. Prior to the instigation of the lease notification process, council identified 13 mana whenua groups having an interest in the Devonport-Takapuna Local Board area as follows:

· Ngāti Whātua o Kaipara;

· Te Rūnanga o Ngāti Whātua;

· Ngāti Whātua o Ōrākei;

· Ngāi Tai Ki Tāmaki;

· Te Kawerau a Maki;

· Ngāti Tamaoho;

· Te Akitai Waiohua;

· Ngāti Te Ata Waiohua;

· Ngāti Paoa;

· Ngāti Maru;

· Ngāti Whanaunga;

· Ngāti Tamaterā; and

· Te Patukirikiri.

43. The mana whenua listed above were provided with all appropriate information relating to the lease proposal via email on 24 April 2017, and were invited to make submissions via the Shape Auckland website or post.

44. Only one response from iwi was received. On 27 April, a representative from Ngāi Tai Ki Tāmaki confirmed via email that their iwi had no interest in the lease proposal.

Implementation

Financial update

45. At its meeting on 15 December 2015, the local board allocated up to $50,000 from its locally driven initiatives (LDI) budget for the expressions of interest (EOI) process to be managed by Panuku (resolution number DT/2015/248).

46. To date, approximately $3,000 has been spent to cover the costs of publication for the lease notification. All costs associated with conducting the public hearing itself (including any fees and charges incurred through the appointment of an independent commissioner), have been met by internal budgets managed by council’s Democracy Services department, and do not need to be met through the board’s allocation.

47. There is approximately $47,000 of budget available to conduct the expressions of interest (EOI) and tender process. Staff have identified additional printing / publishing costs associated with updating the operative reserve management plan assuming a lease is confirmed, however detailed costs are not known at this stage. It is envisaged, however, that such costs would be relatively marginal (in the order of a few thousand dollars), and are not likely to materially impact availability of budget. Staff will include detailed costs for updating the reserve management plan as part of future reporting to the board on this matter.

48. Panuku has indicated that no additional budget for the expressions of interest (EOI) / tender process will be required beyond the $50,000 the local board has already set aside for this purpose.

49. In the event there are any savings against the $50,000 budget, advice received from council’s Corporate and Local Board Performance team suggests that the local board can reallocate any savings to other operational local board initiatives identified in the 2017/18 financial year. However, the local board will be unable to carry forward any remainder to future financial years.

Expressions of interest (EOI) and tender process after confirmation of lease

50. Assuming that the local board confirms the lease for a campground / holiday park on the northern end of Takapuna Beach Reserve at this meeting, Panuku will instigate the expressions of interest process as previously requested by the local board. An indicative timeline as to the EOI / tender process and key milestones are outlined in the table below:

Activity	Timeline
Local board confirms lease, including any conditions	19 September 2017
Panuku to lead workshop with local board on EOI documentation Preparation of EOI documentation post workshop	Late September – early October 2017
Panuku to prepare a report to October local board business meeting seeking confirmation of EOI documentation for release	17 October 2017
EOI documentation released for public tender process	By 31 October 2017
EOI open for receipt of public tenders to operate campground	To run from 1 November – 30 November 2017
Panuku to analyse results from EOI process Shortlist of potential operators generated and confirmed Request for proposals (RFPs) sought from shortlisted candidates	December 2017 – mid-January 2018
Request for proposal (RFP) process (4-6 weeks)	To run from mid-January 2018 – end February 2018
Panuku to negotiate and award lease to selected operator	Completed by end March 2018

Attachments

No.	Title	Page
a ⇩	Report from independent commissioner - proposal to lease part of Takapuna Beach Reserve for a campground	115
b ⇩	Takapuna Beach Reserve Management Plan 2013	153

Signatories

Authors

Eric Perry - Relationship Manager

Matthew Ward - Service & Asset Planning Team Leader

Gwilym van Hoffen - Northcote Project Contractor

Authorisers

Eric Perry - Relationship Manager

Ian Wheeler - Director Portfolio Management

Chairperson	Dr Grant Gillon
Deputy Chairperson	George Wood, CNSM
Members	Mike Cohen, QSM, JP
	Jennifer McKenzie
	Jan O'Connor
	Mike Sheehy

No.	Title	Page
a ⇩	20170801 - Devonport-Takapuna Local Board Workshop Record	91
b ⇩	20170808 - Devonport-Takapuna Local Board Workshop Record	93
c ⇩	20170815 - Governance Framework Review presentation	105
d ⇩	20170822 - Devonport-Takapuna Local Board Workshop Record	107

Authors	Marilyn Nicholls, Elected Member Relationship Manager, Auckland Transport
Authorisers	Eric Perry - Relationship Manager

Authors	Karen Durante - Democracy Advisor
Authorisers	Eric Perry - Relationship Manager