Agenda of Ngāti Whātua Ōrākei Reserves Board

Ngāti Whātua Ōrākei Reserves Board

13 November 2017

Licence to occupy and operate a tourism kiosk

File No.: CP2017/23098

Purpose

1. To consider granting a licence to occupy to Ngāti Whātua Ōrākei Whai Maia Ltd for occupation of a small portion of Whenua Rangatira adjacent to the end of Hapimana Street, Ōrākei.

Executive summary

2. On the 14 August 2017 the Ngāti Whātua Ōrākei Reserve Board (reserve board) considered a proposal to notify the intention to licence part of the upper Whenua Rangatira for a tourism kiosk.

3. The reserve board approved the notification of a licence to occupy for a 1+1+1 year term for the purpose of a tourism kiosk in favour of Ngāti Whātua Ōrākei Whai Maia Ltd (Whai Maia).

4. The proposal was publicly notified and one submission, in favour of the proposal, was received. This submitter does not wish to be heard.

5. Noting that this proposal has been well considered by Whai Maia, is short term, and that the only public feedback was in favour of the proposal it is recommended that the reserves board approve the licence. This should be subject to the conditions previously considered by the reserves board.

Recommendations:

That the Ngāti Whātua Ōrākei Reserves Board:

a) grant a licence to occupy in favour of Ngāti Whātua Ōrākei Whai Maia Ltd for the purpose of operating a tourism kiosk. This licence is granted in accordance with Section 54(1)(d) of the Reserves Act 1977 and is subject to the following conditions:

i) term – 1+1+1 years commencing 11 December 2017

ii) rent - $1.00 per annum if demanded in the first year. An appropriate commercial rental, to approved by the Ngāti Whātua Ōrākei Reserves Board, as part of the licence renewal to apply in year two and three.

iii) building form - the building shall be relocatable with due consideration being given to a change in location at the end of each renewal term if deemed appropriate following the trial and the development of the master plan

iv) consents – Ngāti Whātua Ōrākei Whai Maia Ltd shall obtain all necessary building and regulatory consents for its project prior to the commencement of its works

v) utilities - installation and payment for any water and electrical connections shall be at the cost of Ngāti Whātua Ōrākei Whai Maia Ltd and, where these are outside of the footprint of the licence, these shall be registered as a park asset for maintenance and depreciation purposes

vi) litter – all retail products are to be recyclable and recycling bins are to be provided at the kiosk located on the southern exterior wall.

b) give the consent on behalf of the Minister of Conservation, pursuant to section 67(3) of the Ngāti Whātua Ōrākei Claims Settlement Act 2012 and under the delegations given by the Minister of Conservation on 12 June 2013, to grant the licence over the Whenua Rangatira as identified in figure 1 of this report for the purposes specified in section 54(1)(d) of the Reserves Act.

Comments

6. At the 14 August 2017 meeting of the reserves board it was resolved, in confidence, to notify the reserves board’s intention to licence part of the upper Whenua Rangitira for a tourism kiosk. The confidentiality related to the commercial sensitivity of the proposal however the following resolutions can be restated as they are not commercially sensitive:

That the Ngāti Whātua Ōrākei Reserves Board (reserves board):

a) support in principle Ngāti Whātua Ōrākei Whai Maia Ltd proposal for a tourism kiosk to be built and operated, for a 1+1+1 year term, on the Whenua Rangatira in near proximity to Takutai Moana (the depot) and that this is on the basis of:

i) the building being relocatable with due consideration being given to a change in location if deemed appropriate following the initial operation and the development of the master plan

iii) public notification of the licence is required under the Reserves Act, with due consideration being given to any submissions

v) a visual impact assessment be prepared

vi) …report back to the Ngāti Whātua Ōrākei Reserves Board

b) be appointed as the body to hear and consider submissions on the proposed licence and make a formal recommendation on granting the licence (or not)

7. Since that time a visual impact assessment has been completed (see attachment a and b)

8. The intention to licence has been notified and one submission was received (see attachment c) from Tāmaki Drive Protection Society (TDPS).

9. The TDPS submission notes its support for the proposal and the advantage that the proposed location is near the existing road roundabout and parking area on Hapimana Street. They went onto say that “the traffic activities will not adversely affect in any material way the usage of Tamaki Drive as a busy arterial highway. Further, the kiosk will enhance the use and enjoyment of Tamaki Drive by pedestrians and cyclists who wish to access the public reserve area at a halfway point between Ōkahu Bay and Mission Bay, and need sustenance.”

10. The TDPS encouraged the provision of seating as well as litter receptacles for disposal of refuse from the sale of products at the kiosk noting that “this location is subject to wind, and litter on the ground will be blown around. Some overseas visitors do not read or understand English or Maori, and instructions to take litter home or in a bus are not effective.”

11. Whai Maia are intending to provide seating on the 3 metre x 12 metre covered deck area as well as internal bar leaner type seating.

12. Whai Maia are proposing a leading edge digital application that will provide Mandarin translation. Part of the digital story is about looking after Papatuanuku (mother earth). Recycle signs can be labelled in Chinese. Where possible all products sold will be recyclable and recycling bins will be provided at the kiosk located on the southern exterior wall. Cups and beans will be transported to Ōrākei Marae as part of the Para Kore (recycling) systems to be used for Marae gardens.

13. TDPS note the proposal is consistent with policies under the Tamaki Drive Master Plan (2013) and is also supported by the objectives of the TDPS to promote and safeguard the unique amenities, heritage and use of Tamaki Drive in the public interest.

Reserves Act

14. This licence was not contemplated in the Whenua Rangatira Management Plan and therefore notification of the intention to licence was required under section 54 of the Reserves Act.

15. The reserves board is the administering body and therefore the decision maker in relation to the proposed license. The consent of the Minister of Conservation is also required prior to approval of such a licence. The granting of this consent was delegated to local authorities under the instrument of delegation dated 12 June 2013. Section 67(3) of the Ngāti Whātua Ōrākei Claims Settlement Act 2012 provides that section 10 of the Reserves Act (on the delegation of the Minister’s powers), applies to the reserves board as if it were a local authority in respect of Whenua Rangatira. As such, the reserves board has the power to grant consent on behalf of the Minister of Conservation, under delegated authority.

16. These are two distinct decisions and as such the exercise of the Minister’s supervisory power to consent to the licence needs to be considered separately to the decision on whether to grant the licence. Both decisions are to be made by the Reserves Board, as provided for in the Ngāti Whātua Ōrākei Claims Settlement Act 2012.

Resource consent

17. A resource consent application was submitted to Auckland Council on 12 October 2017 (Application number LUC60309419). The following is the summary of the proposal as submitted:

1.1 To install a kiosk to provide tourist information services to visitors at Bastion Point / Savage Memorial.

1.2 The kiosk will be staffed by Ngāti Whātua Ōrākei guides to provide cultural interpretation. The kiosk will function primarily to service existing tourism activity and to be a tangible presence of Ngāti Whātua on their tribal lands. Self-guided and guided tours will be available to purchase. Light refreshments, including coffee and water, will be available for sale. The kiosk will also display indigenous and local art.

1.3 The kiosk is not intended to be a visitor destination in its own right - it is intended to service existing tourist traffic visiting Bastion Point and the Savage Memorial. It will provide a visible cultural context for the visitor experience.

1.4 Resource consent is sought for the Kiosk as a discretionary activity under the Auckland Unitary Plan (AUP).

Figure 1: The site plan for the kiosk is shown below

18. Under statutory timeframes, a decision on the resource consent should be received within 20 working days.

Fee

19. All of the cost and risk associated with the proposal is being borne by Ngāti Whātua Ōrākei Whai Maia Ltd. This proposal provides a medium for education and promoting the values of kaitiakitanga and manaakitanga. The public will benefit from the value of manaaki conducted by Ngāti Whātua Ōrākei. It is therefore proposed that the first year of occupation be at no charge and that this be reviewed thereafter. A financial return to the reserves board will be negotiated in year two and three. This could be by way of direct investment in the area.

Implementation

20. As previously advised there will be no toilet in this space. It has been placed in close proximity to the public toilets and this will be monitored.

21. There will be no paths created to enter this space. It has been placed next to existing pathways. Public desire lines to and from the kiosk will be monitored.

22. Ngāti Whātua Ōrākei will employ people to operate this facility. The work will be seasonal. The high season is planned for November through to March which will be a combination of staff operating the café, the merchandise and operating tours from the space. There will be at least one person on site at all times that it is operating.

23. It would be appropriate that this small whare (building) is named. The naming of the building will be discussed with the reserves board as part of a workshop item.

Attachments

No.	Title	Page
a ⇩	Visual Assement of the proposed kiosk	21
b ⇩	Visual assessment appendix	35
c ⇩	Tāmaki Drive Protection Society Submission	39

Signatories

Authors

Jamie Cook – Business Development Manager, Ngāti Whātua Ōrākei Whai Maia Ltd

Andrew Brown – Planning Manager - Ngāti Whātua Ōrākei Whai Maia Ltd

Authorisers

Jane Aickin - Paeurungi Te Waka Tai-ranga-whenua

Rangimarie Hunia - Chief Executive Officer - Ngāti Whātua Ōrākei Whai Maia Ltd

Ngāti Whātua Ōrākei Reserves Board

13 November 2017

General Update

File No.: CP2017/23041

Purpose

1. To update the Ngāti Whātua Ōrākei Reserves Board (reserves board) on the operational and capital work programmes for the Whenua Rangatira and Pourewa Creek Recreation Reserve.

Recommendations:

That the Ngāti Whātua Ōrākei Reserves Board:

a) note the over allocation of the 2017/18 year budget by $32,639

b) note that event income is not included in the 2017/18 budget and that this would usually net between $2,000 and $4,000 per annum and is therefore expected to cover about $3,000 of the budget shortfall

c) provide direction on where the remaining funding shortfall of $30,000 is to be offset

d) formally endorse the development of a nursery; being a plant growing area, glass house and supporting infrastructure, at Pourewa Creek Recreation Reserve as foreshadowed in the Pourewa Creek Recreation Reserve Management Plan

e) delegate authority to approve final plans for the nursery development, being the plant propagation area, glass house and supporting infrastructure, to the Chair of the Ngāti Whātu Ōrākei Reserves Board and the Chief Executive of Ngāti Whātu Ōrākei Whai Maia Ltd

f) request that a copy of nursery development plans be distributed to all members by email for their information.

Financial summary

2. The year to date net operating budget for the reserves board is $661,426. The forecasted required budget is $694,065 leaving a shortfall of $32,639.

This shortfall has come about by the decision made by the reserves board at the August hui to contribute $50,000 to the development of the master plan. After the meeting a detailed budget review occurred and it became apparent that the available budget is only $20,000 resulting in the current commitments of the reserves board being in excess of its available budget. Management is seeking direction from the reserves board on where it is most appropriate to offset this forecast overspend.

3. Event income is not included in the 2017/18 budget. Events income in the past has generated between $2,000 and $4,000 per annum. It is envisaged that approximately $3,000 will be received by way of event income. Staff will monitor this.

4. Scheduled maintenance costs are below budget for the first quarter. This is because the scheduled costs associated with the new Ventia contracts, which cover the playground, toilet, building and litter maintenance activity, have not been settled against the reserves board budget for this quarter. This will be processed in the second quarter and the cost of activity will be correctly reflected.

5. An overview of the operational and capital expenditure and budget as at 30 September 2017 follows:

Work programme overview

6. Below is an overview of forecast projects with an indication of their progress against agreed milestones. Further commentary on many of these is provided later in the report.

*Project*	*Next milestone/est completion date*	*Status*
Masterplan	June 2018
Pou Marking – stage 1	June 2016
Pou Markings – stage 2	No approved scope/budget likely to be reforecast as part of Master Plan LTP
Wharewaka	Location approved but detailed scoping put on hold subject to completion of master plan
Urupa	Milestones yet to be agreed – future project
Interpretative and general signage	Scope not approved, budget carried forward from 2016/2017. Budget likely to be reforecast as part of Master Plan LTP
Recreation facilities Ōkahu	December 2017
Atkin Ave stream enhancement	December 2017
Bastion Point celebrations/events	Programme of activity
Tāmaki Drive Filtration Project	TBC
Kaitiaki project (implementing Kiatiaki Strategy including summer host programme)	Various deadlines TBC. Currently redefining resource requirements.

Capital project update

Nursery

7. Work is underway to identify the ideal location for the plant nursery on the Pourewa Creek Recreation Reserve.

8. The method selected for this work is a relatively straightforward spatial analysis to map development constraints, combined with a basic multi criteria analysis to bring in such factors as site security, access and visual impact (the full list of criteria is to be finalised). Much of the information required for this exercise is already contained in the 2016 Pourewa Creek Recreation Reserve Management Plan.

9. To illustrate the approach, the figure below (taken from the 2016 Plan) illustrates geological constraints. In practice, site options will be limited as there are extensive geological constraints on the land (slope stability), which seriously restrict development potential. The clear first choice in this case is to target the 3 green areas (lightest shading in monochrome) by preference.

10. Other constraints (for example Unitary Plan factors) will be overlaid in a “sieve-mapping” exercise to identify potential target land. Multi criteria analysis will draw in non-spatial factors to identify the preferred site.

11. This work should be complete by the end of November, and a resource consent application lodged before Christmas. With the holiday period, it is reasonable to anticipate processing of the application by February 2018.

Kohimaramara Pou (Pou Marking - Stage I)

12. On the 13 September 2017, whilst contractors Decker Landscapes and Civil were installing the base of the pou, the base collapsed. The concrete was hand bucketed into the base shell however the base material did not have enough internal structural strength to deal with the lateral pressure of the concrete pour. The project has been halted until a meeting is convened on 1 November 2017.

13. The blessing and unveil of the artwork, scheduled for 19 September 2017, was postponed.

14. Ngāti Whātua Ōrākei Whai Maia Ltd (Whai Maia) are committed to delivering the Kohimaramara Pou artwork with the funding already provided by the reserves board in July 2015.

Recreation Facilities at Ōkahu Bay

15. The BBQ and picnic table proposed for Ōkahu Bay are consented. The works are currently being priced. The BBQ and picnic tables are being purchased this month and the installation is expected prior to Christmas.

Atkin Ave

16. The Atkin Ave restoration project was initiated by the reserves board over two years ago. Kaitiakitanga principles form the core purpose of this project of restoring the mauri by daylighting and naturalising waterways rather than piping them.

17. Auckland Council are now project managing the works and are in the process of procuring the contractor by tender process. A business case has been prepared by Auckland Council and is now awaiting sign-off to enable the transfer of the Healthy Waters financial commitment. As indicated in the summary table above delivery is unlikely to be on target for December 2017 but a revised timeline will be determine once the funding is confirmed and the tenders are returned.

18. Council is now the core communications point between local residents and the project.

New Entrance Sign

19. A new entry sign at Hapimana Street has been delivered from the Ōrākei Local Board renewal budget. This was necessary as the old sign was old and had been damaged. The new sign includes reference to Takaparawhau and includes the Ngāti Whātua Ōrākei logo. This sign sits just outside the boundaries of Whenua Rangatira but is a main entry point to the whenua. It also provides entry to Michael Joseph Savage Memorial which is administered by the Ōrākei Local Board.

20. Takaparawhau is the traditional name for the upper whenua as identified in the Whenua Rangatira Management Plan and is regularly referred to by this name. The Ngāti Whātua Ōrākei Claims Settlement Act 2012 (and the preceding Ōrakei Act 1991) identifies the area as whenua rangatira. It also refers to name changing in section 65 of the Act:

(1) The trustee may give the whenua rangatira the name or names it considers appropriate and notify the Minister of Māori Affairs of its decision.

(2) The Minister must, by notice in the Gazette, publish any name given to the whenua rangatira by the trustee that is notified to him or her.

21. The Chief Executive of Whai Maia will be talking to the Trust in due course to formalize name changes to assist with congruence between signage and legal documents.

Security

22. Routine incidents of theft ex car have affected visitors to Michael Joseph Savage Memorial and Takaparawhau as well as whanau and staff working from Takutai Moana (the depot). Whai Maia and Auckland Council contacted both the NZ Police and Auckland Transport (AT) to seek a security solution. AT has assessed the site and agreed to install a CCTV camera as part of their network at the top of Hapimana Street. Technical details are still being resolved before timing for installation can be confirmed.

Operational update

Mater plan

23. The master plan is progressing well. 31 interviews of whanau members have been conducted; most interviewees live in Ōrākei or have close relationships to those working at Whai Maia. The project team anticipate interviewing another 10-20 whanau, focused on those with few connections to Ōrākei and those working at associated organizations. The purpose of the interviews is to gather background information on whanau needs and behaviours to inform co-design workshops and planning activities.

24. In addition background research in the areas of data ubiquity, cultural connection and tourism, learning, and environmental management has been submitted. A report is due shortly including questions and emerging issues of a more nuanced nature. These papers will provide context for senior leader workshops to create the strategy and vision for the master planning. They highlight important questions and issues that will affect the potential use of the whenua in coming decades. Reserve board members may wish to suggest topics associated with sovereignty, ubiquity, cultural connection and tourism, learning, and environment.

25. There are four proposed strategy dinners to be held in late November/ December for local government and business leaders, in conjunction with senior hapu leaders. The dinners, with approximately 12-15 people, should enable discussions on the local and national significance of the proposed building and activities on the whenua. Reserve board members are invited to support these dinners.

26. Vision Foresight Strategy, a consulting firm of PhD trained futurists, has been commissioned to conduct a Horizon Trends review. This includes qualitative and quantitative modelling methods to highlight significant trends impacting Auckland in the next 30 years. The report is expected in mid-December.

27. Initial discussions have been held with staff of the Ōrākei Local Board office and Council representatives for the Kepa Bush with a view to working together on a coordinated community engagement plan.

Pony Club

28. In November 2017, the Chair of the Reserves Board and Whai Maia staff met with St Heliers Bay Pony Club (pony club) representatives Robynne O’Brien and Michelle Wilson. This was the first meeting post the presentation by the pony club requesting an extension on the Pourewa lease. The meeting was positive.

29. The pony club has identified a new site although this is far from certain and includes a number of planning constraints. They are working closely with the Auckland Council on this.

30. Whai Maia expressed an interest in early entry onto the site to begin the development of the nursery and potential education centre.

31. Both parties have a desire to work together to ensure a positive transition. This includes a meeting on 3 November where the pony club will take Whai Maia staff and consultants through a guided tour of the space.

32. It is intended that the development of a new nursery area at Pourewa will then be rapidly progressed from November onward. As discussed at the August meeting there is an urgent need for this facility to support activities on the reserves under the jurisdiction of the reserves board following identification of health and safety concerns at the previous nursery site and noting there are available funds this year as agreed at the last reserves board meeting. In order to support the urgent pace of the project and noting that the detail is not available at this point in time it is recommended that delegation be given to the Chair of the reserves board and the Chief Executive of Whai Maia to approve final plans. Plans will also be shared with reserves board members via email.

33. To support the resource consent application it is recommended the board formally resolve to support the nursery development at Pourewa. This is supported by the Pourewa Creek Recreation Reserve Management Plan. Below is an extract from the adopted management plan which foreshadows this development.

Internship

34. At the August meeting of the reserves board it was resolved that the reserves board:

a) supports the Chairperson’s proposal to initiate an internship programme for the Ngāti Whātua Ōrākei Reserves Board noting:

· that two places be available for interested members of our communities who wish to shadow our hui and workshop

· chairperson and deputy chairperson will be responsible for the selection of the two interested members for the pilot

· the chairperson to select a Ngāti Whātua Ōrākei candidate and the deputy chairperson to select an Auckland resident for the pilot

· the pilot will be non-fee paying in the first year

35. An intern has been appointed by the Chair who will attend the November hui.

Turf maintenance

36. After a very wet winter Ōkahu Rakau were finally are able to get on the whenua to do the mowing. During winter the condition of Whenua Rangatira and Ōkahu is a huge concern. An overview of drainage of water has been done by Robyn Simcock from Landcare (soil specialist and ecologist). Possible solutions include aerating, changing the landscape and extend the planting areas.

Native Bush Care – Ecology

37. Native bush areas are looking healthy and doing well (regenerating growth / plants). Ōkahu Rakau continue to identify and remove pest plants and implemented number of enhancement planting. Ōkahu Rakau have also met with a number of people including Howell Davies, Robyn Simcock and Sonya Myers for support in our ecology methods. Recommendations include:

· Takaparawhau around Michael Joseph Savage - it has been suggested to extend the native bush planting (10 meters), continue to with enhancement planting and create another swale. These suggestions will support the current drainage issues.

· North point of the whenua - suggested to continue with enhancement planting and swalemaintenance to address the drainage issue. The importance of the swales and to ensure these are maintained was stressed.

· Planting area: identified planting areas by the conditions of the whenua (erosion, hazardous to public and or maintain and no public use). Currently on the whenua (besides enhancement and extension planting) there is limited planting areas.

· Nursery: The nursery is at the heart of Ōkahu Rakau as it supplies the all the plants for the whenua. Plants grown in the nursery are all ecologically sourced within the Tamaki isthmus. All planting plans are based on the natural growth within the existing native bush areas.

Future works

38. Ōkahu Rakau are meet with Council’s Community Facilities team who oversee the maintenance contract for the reserves board and surrounding reserve areas. There are areas which Ōkahu Rakau would like to maintain on the whenua that are currently being done by external contractors that are being explored. Ōkahu Rakau are also advising on tikanga protocols to be implemented with the new contractors including a mihi whakatau / whakawhanaungatanga with those who work in the Ōrākei rohe.

Volunteers

39. Ōkahu Rakau continue to host a number of volunteer groups on the whenua. They are approached by individuals, community and corporate groups however majority of the groups are sent by Sustainable Coastline Volunteers, Conservation Volunteers New Zealand and Volunteer Auckland.

Bee Keeping

40. In August Ōkahu Rakau started their own bee keeping project on the whenua. A whanau member bee keeper: John Steadman, is teaching one of the kaimahi and others who are interested about bee keeping. There are currently seven thriving, growing and humming bee hives.

Pest animal control

41. Ōkahu Rakau currently implement pest predator control on a weekly basis within the whenua contract. They are also involved with network and projects that promote and support this important kaupapa.

42. Eastern Song Bird project: This is a pest liaison group based at the Outdoor Boating Club. This group is made up of individuals, community groups, councilors, local board member and others that are passionate about this kaupapa. The purpose of the group is to support each other and be proactive in education of pest control and trapping of all pests.

43. Auckland Council: Ōkahu Rakau attended pest liaison group hosted by Auckland Council. This was attended by a number of conservation, contractors and community groups to learn, to educate and support pest control methods however Ōkahu Rakau were acknowledge for involving rangatiahi which is also very important for the future of this kaupapa.

Events

44. The events, both past and forecast, for the current financial year on the Whenua Rangatira (upper and lower) are attached (attachment A).

Health and Safety

45. A new hazard has been identified along Kitemoana Street. The stormwater drain at the bottom of Kitemoana Street regularly floods and presents a hazard to people walking in the area. Morphum Environmental have investigated and are currently designing a solution to mitigate or eliminate the hazard. It is anticipated this will be resolved through response maintenance budgets.

46. There have been no new near misses reported in this quarter.

Attachments

No.	Title	Page
a ⇩	Schedule of events and fees	49

Signatories

Authors

Anne Gibbon – Master Planning Lead, Ngāti Whātua Ōrākei Whai Maia Ltd

Mei Hill - Toi Manager - Ngāti Whātua Ōrākei Whai Maia Ltd

Andrew Brown - Planning Manager - Ngāti Whātua Ōrākei Whai Maia Ltd

Merania Kerehoma - Manager Okahu Rakau Nursery and Native Bush Care - Ngāti Whātua Ōrākei Whai Maia Ltd

Kym Jones - Lead Financial Advisor - Auckland Council.

Authorisers

Jane Aickin - Paeurungi Te Waka Tai-ranga-whenua

Rangimarie Hunia - Chief Executive Officer - Ngāti Whātua Ōrākei Whai Maia Ltd

Chairperson	Sharon Hawke
Deputy Chairperson	Cr Desley Simpson, JP
Members	Mr Renata Blair
	Cr Linda Cooper, JP
	Mr Grant Hawke
	Mr Kit Parkinson