Agenda of Devonport-Takapuna Local Board

Devonport-Takapuna Local Board

28 November 2017

Hearing of submissions on Auckland Council's proposal to grant a new community lease to the Takapuna Croquet Club Incorporated at Auburn Reserve, Auburn Takapuna.

File No.: CP2017/24929

Purpose

1. To provide background information and a summary of the public submissions received to the proposal to grant a new lease to the Takapuna Croquet Club Incorporated (the club) of the site it occupies on Auburn Reserve, Auburn Street, Takapuna.

Executive summary

2. At its business meeting of 16 May 2017 the Devonport-Takapuna Local Board resolved to publicly notify the proposal to grant a new lease to the Takapuna Croquet Club Incorporated of Lot 6 DP 78273 contained in NA34B/1156, Auburn Reserve for a period of 10 years with one right of renewal for a further 10 years.

3. A public notice was placed in the North Shore Times Advertiser on 13 June 2017 inviting submissions with a closing date of 14 July 2017. A total of 76 submissions were received.

4. This report summarises the submission information into themes and provides background information and the policy framework to assist the local board in its review and consideration of the submissions received.

Recommendation/s

That the Devonport-Takapuna Local Board:

a) receive the submissions in respect of the proposal to grant a new community lease to the Takapuna Croquet Club Incorporated.

b) consider the submissions received and any other information relevant to the matter.

Comments

Auburn Reserve

5. Auburn Reserve is sited in central Takapuna with access from Auburn Street near to the junction with Anzac Street.

6. There are four community organisations that hold community leases for premises on the reserve: The North Shore Playcentre Association, The Girl Guide Association, PHAB and the Takapuna Croquet Club.(Attachment A)

7. The reserve is relatively flat with easy access to the main shopping area of Takapuna and is also the gateway to the Patuone Walkway that links the site to Barry’s Point Road.

Takapuna Croquet Club

8. The club has been located on Auburn Reserve since the mid 1950’s.

9. The lease of the site expired in March of this year. The club has applied for a new ground lease in accordance with the terms of the Auckland Council Community Occupancy Guidelines 2012.

10. The club has a membership of over 70 that take part in the three forms of the game: Association Croquet, Golf Croquet and Gateball. Members range in age from teenagers to those in their 90’s.

11. The premises provide four full size croquet lawn, clubrooms and associated storage sheds. The premises are very well maintained, managed and well used by club members.

12. The club is one of the largest in the Auckland Region and having four lawns is one of the few clubs to have enough playing space to host larger tournaments.

13. The primary objective of the club is to provide facilities that foster the enjoyment and social interaction of members on both a competitive and social basis.

14. In addition to the clubs focus on croquet the clubrooms are also used throughout the year for social activities, members meetings, planning sessions and duties relating to the administration and promotion of the club.

15. The club hosts a number of visitors and community organisations that have access to equipment and coaching, including;

· “have a go” days for families;

· hosting the pupils from Sunnynook School holiday programme;

· providing facilities and hosting the North Shore Retirement Villages competition;

· providing facilities for the Trans-Tasman Gateball competition; and

· providing opportunities for local business to have training or away days for staff.

16. These activities encourage future participation and also promote the Club and its activities to the wider community.

17. The Club is affiliated to Croquet New Zealand and is one of 11 clubs in the Croquet Auckland Association.

The Statutory Framework

18. The site occupied by the club is approximately 4,300 square meters. It is held in fee simple by Auckland Council as a classified recreation reserve.

19. The Reserves Act 1977 empowers administrating bodies to decide the intended use of reserves within the reserve classification and to grant leases for those purposes guided by public consultation and in compliance with the prescribed processes.

20. Recreation reserves are for the primary purposes of providing areas for recreation and sporting activities, the physical welfare and enjoyment of the public with an emphasis on the retention of open spaces and on outdoor recreational activities (Section 17(1) Reserves Act 1977)

21. The secondary purposes of the administration of recreation reserves are to:

· allow the public freedom of entry and access to the land subject to such conditions as are considered necessary for the protection and well-being of the reserve and for the protection and control of the public using it; and

· to conserve those qualities which contribute to the pleasantness, harmony and cohesion of the natural environment and to the better use and enjoyment of the reserve.

22. Under the Local Government (Auckland Council) Act 2009 local boards have been allocated decision making for non-regulatory matters including decisions relating to local, recreation, sport and community facilities. The Devonport-Takapuna Local Board therefore as the administrating body has full decision making authority in respect of the proposed leases at Auburn Reserve subject to all legislative and policy requirements.

23. The Devonport-Takapuna Local Board has leasing powers over recreation reserves (s. 54 Reserves Act 1977) i.e. it may:

“lease to any voluntary organisation part of the reserve for the erection of stands, pavilions, gymnasiums, and, subject to Sections 44 and 45, other buildings and structures associated with and necessary for the use of the reserve for outdoor sports, games, or other recreational activities.

Requirement for public notification

24. Reserve management plans provide a framework and guidance for future use, development and maintenance of reserves. The Reserves Act 1977 requires administering bodies to keep its reserve management plans under continuous review (Section 41(4))

25. There is no reserve management plan for Auburn Reserve. The local board is therefore required to undertake public notification and consultation on the proposed lease to the club in accordance with Section 119 of the Reserves Act 1977 and Section 4 of the Conservation Act 1987.

26. Submitters to the proposal have been given the opportunity to present their submissions and to be heard in accordance with Section 120 of the Reserves Act 1977.

27. Additionally the decision requires the consent of the Minister of Conservation. This decision has been delegated by the Minister to Auckland Council.

Consultation with mana whenua

28. As mentioned the provisions contained within the Reserves Act 1977 require council to consult with the public if any proposed lease is not contemplated in the operative reserve management plan or if none exists for a specific site.

29. It also requires that council must give consideration to the principles of the Treaty of Waitangi. This is contemplated in Section 4 of the Conservation Act 1987 which requires council to engage with iwi who have an interest in the area.

30. Council must ensure that engagement is carried out in an open and transparent manner where each party acknowledges the others interest and goals.

31. Staff must ensure that mana whenua are given all necessary documentation to consider the proposal fully and have the opportunity to visit the site if required.

32. Responses from mana whenua must be given full consideration and the views expressed taken into account in any decision making.

33. There are 13 mana whenua groups identified by council with interests in the Devonport-Takapuna Local Board area:

· Te Runganga o Ngāti Whātua;

· Ngāti Whātua o Kaipara;

· Ngāti Whātua o Orakei;

· Ngāti Tai Ki Tāmaki;

· Te Kawerau a Maki;

· Ngāti Tamaoho;

· Te Akitai Waiohua;

· Ngāti Paoa;

· Ngāti Te Ata Waiohua;

· Te Patukirikiri;

· Ngāti Maru;

· Ngāti Whanaunga; and

· Ngāti Tamaterā.

34. The information listed below was e-mailed to mana whenua 6 June 2017

· a copy of the report considered by the Devonport-Takapuna Local Board at its meeting 16 May 2017. This gives details of the site and background information on the proposed lease;

· a copy of the minutes of the Devonport-Takapuna Local Board meeting held 16 May 2017;

· a copy of Auckland Council’s Community Occupancy Guidelines 2012; and

· a copy of the advertisement content that was published in the North Shore Times.

35. A council staff contact was given in case any further information was required and mana whenua representatives were invited to visit the sites if they wished.

36. Only one response was received from mana whenua. A representative of Ngāti Tai Ki Tāmaki confirmed by e mail that Ngāti Tai Ki Tāmaki had no interest in the lease proposal.

37. The matter was also considered by the Northern Mana Whenua Forum 15 March 2017. No objections to the proposed lease were received.

The Auckland Unitary Plan.

38. The site at Auburn Reserve is zoned Open Space – Sport and Active Recreation Zone (Attachment C). The zone description of Open Space – Sport and Active Recreation Zone as per Chapter H7.6.1 of the Auckland Unitary Plan states:

· this zone applies to public open spaces used for indoor and outdoor organised sports and active recreation activities. This includes facilities such as sports fields, hardstand areas, hardcourt areas and greens;

· these spaces often include the provision of buildings and structures such as grandstands, sport and community clubrooms and toilets and changing facilities associated with these uses; and

· commercial activities accessory to the primary function of the public open space may be undertaken in appropriate locations. These activities generally provide economic benefit as well as informal benefits such as passive surveillance.

39. The objectives of the Sport and Active Recreation Zone include:

· indoor and outdoor sport and active recreation opportunities are provided for through a network of quality public open spaces that meet the community’s needs;

· the use of public open space for sport and active recreation is maximized;

· the amenity values of the public open space and surrounding areas, including the CMA are maintained;

· provision for indoor and outdoor organised sports, active recreation and community activities, and associated buildings and structures where there is a demonstrated need to enhance the ability to use and enjoy the public open space for sports and active recreation, including accessory building and structures such as storage sheds and scoreboards;

· The management of adverse effects such as noise, glare, traffic and visual effects on the surrounding area, through appropriate locations, design, use and operation of sport and recreation facilities, buildings and structures such as lighting poles; and

· Provision of adequate vehicle access and parking to meet the needs of users and encourage shared parking, use of public transport and drop zones, while recognising that spill over car parking to adjacent roads is likely to occur during high periods of use and for special events.

The Auckland Plan

40. Chapter 5 of the Auckland Plan promotes individual and community well-being through participation and excellence in sport.

41. Chapter 5–Priority 2 requires a better coordinated Auckland wide approach to facility development and funding partnerships between the public and the private sectors. In addition it seeks to promote and optimise recreation and sports facilities and public open space use and the capability of recreation and sport organisations.

42. It also requires planning that clusters recreational facilities with other amenities such as libraries, town centres and transport facilities to provide localised and accessible activities within community hubs.

43. Chapter 5-Priority 3 seeks to maximize the contribution of recreation and sport to Auckland’s economic prosperity.

44. The proposed lease takes advantage of the opportunity to maximise the use of the resources available including clustering of activities on Auburn Reserve and the shared use of the croquet club premises by many organisations and businesses.

The Devonport-Takapuna Local Board Plan 2017

45. The Devonport-Takapuna Local Board Plan 2017 was adopted by the local board at its business meeting 19 September 2017 (DT/2017/211)

46. The local board plan has a number of outcomes that have relevance to the proposed lease in particular:

47. Outcome 1. Quality parks, beaches and open spaces that everyone can enjoy.

The local board plan states that the local board will consider the provision of open space and balance this with intensification in the area.

The objective is “to enhance and conserve our unique beaches, open spaces and parks”.

Key initiatives of this outcome are to “Audit our open spaces to see if they reflect your needs and to guide future planning” and to “Continue to support our sports clubs and recreation facilities”.

48. Outcome 4 Our communities are empowered, engage and inclusive.

The local board’s objective is to have recreational facilities that are fit for purpose and meet community needs.

The key initiative that relates to this is to “continue to provide outdoor fitness activities for all ages as part of promoting healthy lifestyles.

The local board plan identifies that the area is experiencing rapid growth. The population is diverse with many being new to the area.

Sports facilities offer all in the community a place to gather and share experiences. Families can connect and socialise through sport and with access to clubrooms that provide space for meetings and celebrations.

Public submissions, summary and discussion.

49. Auckland Council’s proposal to grant a lease of part of Auburn Reserve to the Takapuna Croquet Club was advertised in the North Shore Times on 13 June 2017.

50. The public were invited to make submissions by email or post.

51. The submission period closed 14 July 2017 at which time 76 submissions were received. 75 submissions support the proposal, one does not.

52. A copy of each submission, as received, is attached to this report (Attachment C).

53. Organisations and/or groups that submitted on the notice include:

· BDO Auckland;

· Takapuna Croquet Club;

· Gateball New Zealand;

· St Helliers Bay Croquet Club;

· Lake Road Dental;

· Henderson Croquet Club;

· Carlton Croquet Club;

· Pakuranga Croquet Club;

· Orewa Croquet Club;

· Devonport Croquet Club; and

· Takapuna Beach Business Association.

54. A summary of the main points arising from the submissions have been grouped into themes and are discussed below.

Summary of submissions in support of the proposed lease to the Takapuna Croquet Club

55. Seventy five of the seventy six submissions received in respect of the proposed lease support the grant of a new lease that will enable the Takapuna Croquet Club to continue to occupy and operate from Auburn Reserve.

56. Submitters noted that croquet, in its various forms played at the club, is a sport that is accessible for all ages and abilities. It taxes the mind as well as the game skills of the participants and is able to be played by members who find other sports too physically challenging.

57. Submitters noted that the sport provides opportunities to engage with people of a like mind offering companionship and social interaction not only whilst playing croquet but also when taking part in the other activities of the club. These include indoor recreation including cards and mah-jong, social gatherings and outings to other clubs to compete and the ability to meet and interact with others in the community like the local businesses that utilise the facility for team training days.

58. Submitters noted that the facilities are centrally located and draw members from a wide area. Parking on site and the proximity of bus routes ensures easy access for those visiting and using the facilities.

59. Submitters noted that the facilities on offer are of a high standard and are well maintained and managed by members of the club providing a pleasant environment in which to enjoy the game.

60. Submitters noted that membership of the club is growing. It is hoped that the new residents to the area will join the club and take advantage of the facilities on offer and opportunities to become part of the community.

61. Submitters note that whilst the population is growing in general terms that there is a greater increase in the number of older residents who still want to be active in their community and lead healthy lives for as long as possible.

Summary of the submissions received against the proposed lease to the Takapuna Croquet Club

62. One of the 76 submissions received does not support the grant of a new lease to the Takapuna Croquet Club.

63. The submitter notes that the lease as proposed is in breach of the policies for open space enshrined in the Auckland Unitary Plan.

Staff comment

The site is zoned Open Space – Sport and Active Recreation Zone in the Auckland Unitary Plan. The use of part of the reserve by the croquet club is permitted in this zone. (Please see paragraph 38 and Attachment B).

64. The Submitter notes that the grant of the lease would deny the local and wider community access to Auburn Reserve.

Staff comment

There are four community leases currently in place for parts of Auburn Reserve. Whilst three of these sites are fenced off it is a condition of all of the leases that the organisations must maintain open membership criteria.

There is no impediment to access by members of the public to

Auburn Reserve as a whole nor to the on-site parking.

65. The Submitter notes that Auckland Council is required to provide a management plan prior to the hearing to show that any lease proposed would comply with the policies for open space under the Auckland Unitary Plan.

Staff comment

There are four community leases currently in place for arts of Auburn Reserve. Whilst three of these sites are fenced off it is a condition off all of the leases that the organisations must maintain open membership criteria.

There is no impediment to access to Auburn Reserve as a whole not to the parking on the site by members of the public.

66. The submitter notes the existing lease has expired, the underlying zoning rules have changed and the croquet club has no existing or occupation use rights to Auburn Reserve.

Staff comment

As mentioned above the use of the site is in accordance with the zoning in the Auckland Unitary Plan.

The Auckland Council Community Occupancy Guidelines 2012 state that groups that own their own improvements will have an automatic right to re-apply at the end of their occupancy term without public notification i.e. an expression of interest process is not required.

67. The submitter notes that the croquet club has a perimeter fence that denies all public access, any further development of Auburn reserve and the club is a singular use facility and not a multi-functional use.

Staff comments

Many clubs and organisations that have improvements within the leased area have fences for security purposes especially those with playing surfaces that require significant development and maintenance to enable competition play. This is no different to the bowling and tennis clubs in the area.

Open membership is available to anyone who wishes to join the club.

68. The submitter notes that the grant of the lease would not provide reasonable amenity for nearby residents.

Staff comment

The greens and facilities are maintained to a good standard by the members of the club. The club is considering upgrading the fencing around the premises subject to availability of funds.

69. The submitter notes that the croquet club could operate from the lower field of the Auburn Reserve comprising 50 per cent of the land area releasing the top field to be available for multi-functional space and provide access for the public. In proposing to grant the lease council must comply with the policies and rules for the Auburn Reserve under the Auckland Unitary Plan.

Staff comment

This was proposed to the Takapuna Croquet Club. The members reject this idea saying that it would severely limit its ability to host tournaments and meet the needs of its members. It would also require the clubrooms to be relocated at considerable cost. If available the members would rather spend funds on upgrading the existing premises.

Consideration

Local board views and implications

70. At its business meeting of 6 June 2017, the local board resolved to approve the Community Lease 2017/18 Work Programme (Resolution DT/2017/1).

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

72. The Devonport Takapuna Local Board considered the proposal to grant a new lease to the Takapuna Croquet Club at its workshop 2 August 2017. The local board considered the number of submissions received and confirmed its intention to consider the matter itself and not delegate the hearing process or appoint an independent commissioner to hear the submissions on the proposal to grant a new lease to the croquet club.

Māori impact statement

73. 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.

74. 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.

75. The Reserves Act 1977 requires that any decisions taken must take into account the obligations to consult with mana whenua in accordance with Section 4 of the Conservation Act 1987.

76. Mana whenua representatives as identified as having an interest in the site were asked to consider the proposed leases and provided with the background information available to assist.

77. No objections to the proposal have been received.

Implementation

78. If the Devonport-Takapuna Local Board supports the grant of a new lease staff will prepare the lease document. The documents will include any additional conditions that arising from the submission and hearing process.

Attachments

No.	Title	Page
a ⇩	Takapuna Croquet Club Incororated, Auburn Reserve, Takapuna	17
b ⇩	Auckland Unitary Plan Zones	19
c ⇩	Submissions received in respect of proposed lease to the Takapuna	21