Agenda of Rodney Local Board Parks and Recreation Committee

Board Member

Organisation

Position

Brent Bailey

Royal NZ Yacht Squadron

Kaipara College Board of Trustees

Gumboots Early Learning Centre

Member

Parent Representative

Director

Tessa Berger

Mahurangi Action Incorporated
Mahurangi Coastal Trail Trust

The Merchandise Collective

Friends of Regional Parks

Matakana Coast Trail Trust

President

Chairperson

Founder/Director

Committee Member

Member Forum representative

Cameron Brewer

Riverhead Residents & Ratepayers Association

Passchendaele Society Inc.

New Zealand National Party

Cameron Brewer Communications Limited

Spire Investments Limited

Member

Director

Shareholder

Beth Houlbrooke

Sweet Adelines New Zealand (Charitable Trust)
Baddeleys Beach and Campbells Beach Residents and Ratepayers Assn.

Kawau Island Boat Club

Member

Louise Johnston

Blackbridge Environmental Protection Society

Treasurer

Phelan Pirrie

Muriwai Volunteer Fire Brigade

Best Berries (NZ) Ltd

Officer in Charge

Director/Shareholder

Allison Roe

Waitemata District Health Board

Matakana Coast Trail Trust

New Zealander of the Year Awards

Elected Member

Chairperson

Chief Category Judge/Community

Colin Smith

Brenda Steele

Te Uri o Hau Incorporation

Beacon Pathway

Secretary/Beneficiary

Board member

1 Welcome

2 Apologies

An apology from Member T Berger has been received.

3 Declaration of Interest

Members are reminded of the need to be vigilant to stand aside from decision making when a conflict arises between their role as a member and any private or other external interest they might have.

4 Confirmation of Minutes

That the Rodney Local Board Parks and Recreation Committee:

a) confirm the ordinary minutes of its meeting, held on Thursday, 14 December 2017, as a true and correct record.

5 Leave of Absence

At the close of the agenda no requests for leave of absence had been received.

6 Acknowledgements

At the close of the agenda no requests for acknowledgements had been received.

7 Petitions

At the close of the agenda no requests to present petitions had been received.

8 Deputations

Standing Order 3.20 provides for deputations. Those applying for deputations are required to give seven working days notice of subject matter and applications are approved by the Chairperson of the Rodney Local Board Parks and Recreation Committee. This means that details relating to deputations can be included in the published agenda. Total speaking time per deputation is ten minutes or as resolved by the meeting.

8.1 Harbour Sport

Purpose

1. Representatives from Harbour Sport will be in attendance to outline the recent activities of the organisation.

Recommendation/s

That the Rodney Local Board Parks and Recreation Committee:

a) thank the representatives from Harbour Sport on their update on recent activities of their organisation.

Attachments

a Harbour Sport presentation.................................................................... 65

9 Public Forum

A period of time (approximately 30 minutes) is set aside for members of the public to address the meeting on matters within its delegated authority. A maximum of 3 minutes per item is allowed, following which there may be questions from members.

At the close of the agenda no requests for public forum had been received.

10 Extraordinary Business

Section 46A(7) of the Local Government Official Information and Meetings Act 1987 (as amended) states:

“An item that is not on the agenda for a meeting may be dealt with at that meeting if-

(a) The local authority by resolution so decides; and

(b) The presiding member explains at the meeting, at a time when it is open to the public,-

(i) The reason why the item is not on the agenda; and

(ii) The reason why the discussion of the item cannot be delayed until a subsequent meeting.”

Section 46A(7A) of the Local Government Official Information and Meetings Act 1987 (as amended) states:

“Where an item is not on the agenda for a meeting,-

(a) That item may be discussed at that meeting if-

(i) That item is a minor matter relating to the general business of the local authority; and

(ii) the presiding member explains at the beginning of the meeting, at a time when it is open to the public, that the item will be discussed at the meeting; but

(b) no resolution, decision or recommendation may be made in respect of that item except to refer that item to a subsequent meeting of the local authority for further discussion.”

11 Notices of Motion

There were no notices of motion.

Rodney Local Board Parks and Recreation Committee

15 March 2018

Renewal and variation of community lease to Sandspit Yacht Club Incorporated at Sandspit Reserve

File No.: CP2018/01654

Te take mō te pūrongo / Purpose of the report

1. To grant a renewal and variation of the lease to Sandspit Yacht Club Incorporated at Sandspit Reserve, Sandspit.

Whakarāpopototanga matua / Executive summary

2. The Sandspit Yacht Club Incorporated has an existing lease for part of Sandspit Reserve entered into with the former Rodney County Council. The lease commenced 1 January 1984 for one term of 33 years and provides for one option for a further term of 33 years, effecting a final expiry date of 31 December 2050.

3. In accordance with the deed of lease dated 7 September 1984, the club has formally applied to council to approve the option to renew the lease. The club has satisfied all its requirements relating to the option to renew the lease.

4. A variation to the lease is necessary to correctly record that the parcel of land being the subject of the lease is held by the Crown and only vested in council, in trust, for recreational purposes.

5. This report recommends that the Rodney Local Board Parks and Recreation Committee grant a renewal and variation of the lease to the club for a term of 33 years from 1 January 2018.

Ngā tūtohunga / Recommendation/s

That the Rodney Local Board Parks and Recreation Committee:

a) grant a renewal of the lease to Sandspit Yacht Club Incorporated for the parcel of reclaimed land legally described as Allotment 435, Parish of Mahurangi, comprising 3140m² at Sandspit Reserve (Attachment A) subject to the following conditions:

i) term – 33 years commencing 1 January 2018

ii) rent - $10.00 per annum if demanded

iii) all other terms and conditions will accord with the original deed of lease dated 7 September 1984.

b) grant a variation to the renewal of lease to Sandspit Yacht Club Incorporated for the parcel of reclaimed land legally described as Allotment 435, Parish of Mahurangi, comprising 3140m² at Sandspit Reserve to record Crown ownership of the parcel of reclaimed land

c) grant a variation to the renewal of lease to Sandspit Yacht Club Incorporated for the parcel of reclaimed land legally described as Allotment 435, Parish of Mahurangi, comprising 3140m² at Sandspit Reserve to include a treaty clause to record Crown ownership of the parcel of reclaimed land should it be subject to a future treaty claim

Horopaki / Context

6. This report considers the leasing issues with respect to the option to renew and vary the lease to the club on Sandspit Reserve.

7. The Rodney Local Board Parks and Recreation Committee is the allocated authority relating to local, recreation, sport and community facilities, including community leasing matters.

Land and buildings

8. The parcel of reclaimed land legally described as Allotment 435, Parish of Mahurangi, comprising 3140m² is currently held by the Crown through DOC as a classified recreation reserve and subject to the provisions of the Reserves Act 1977. Allotment 435 is vested in council, in trust, for recreation purposes.

9. As Allotment 435 is held by the Crown through DOC and the existing deed of lease incorrectly stated that Allotment 435 was held in fee simple by council, the proposed deed of renewal of lease will include a variation to rectify this inaccuracy. Further, a treaty clause will be included in the deed should Allotment 435 be subject to a treaty claim in the future.

10. The club’s improvements at the water’s edge in Sandspit are all very well maintained and comprise:

· slip and haul-out yards

· yard manager’s shed

· attractive clubhouse with facilities including a lounge, bar and deck

· a boardwalk along the foreshore with outdoor seating overlooking the marina

· colourful gardens, well-designed parking and outdoor areas

The lease

11. The club has an existing lease over Allotment 435 comprising part of Sandspit Reserve entered into with the former Rodney County Council. The lease commenced 1 January 1984 for one term of 33 years and provides for one option for a further term of 33 years, effecting a final expiry date of 31 December 2050.

12. The various clauses in the existing deed of lease relating to the option for renewal contain specified conditions as follows:

i. that the club give at least 12 calendar months’ notice of its wish for a renewal

ii. that the club not be in breach of any of the set terms and conditions of its lease

iii. that there is sufficient need for the sport and recreational activities for which the land is used by the club and that in the public interest some other sport, recreational activity should not have priority for occupation of the land.

13. The club has satisfied all its relevant requirements relating to the option for council to renew the lease for a term of 33 years commencing 1 January 2018.

The club

14. The club was incorporated under the Incorporated Societies Act 1908 on 9 May 1972.

15. The club has a 57 year history in the Sandspit Harbour, having formed in 1960 and was originally based at Green Point, Sandspit. The club relocated to its present site in 1969 where it has continued to enjoy steady growth.

16. In addition to promoting boating and water-based activities, the club offers the use of its facilities free of charge to many community organisations such as; the Kawau Volunteer Coastguard, St John Ambulance, Camp Bentzon Trust, Sandspit Harbour Restoration Group and Sandspit Residents and Ratepayers.

17. The club’s community lease is contemplated and in conformity with the Sandspit Reserve Management Plan adopted by the former Rodney District Council 3 September 1997.

Tātaritanga me ngā tohutohu / Analysis and advice

Adjacent land parcels occupied by the club

18. There are two parcels of land adjacent to the site that is the subject of this report. These are shown in Attachments B and C to this report. It is relevant to note the current processes underway with regard to these sites, however, it should be noted that no decisions of the local board are sought at this time as these parcels will be the subject of future agenda reports to the local board. The following paragraphs outline the current processes underway for these adjacent parcels.

19. The club occupies a portion of land legally described as Part Allotment 23 Parish of Mahurangi comprising 630m² currently held by council under the Local Government Act 2002 (Attachment B). Council staff is currently undertaking the required statutory processes involved in the proposal for council (the Rodney Local Board) to declare Part Allotment 23 Parish of Mahurangi comprising 630m to be a recreation reserve under Section 14 (1) of the Reserves Act 1977.

20. On undertaking the required research on the existing lease, council staff discovered that during 2009, the former Rodney District Council entered into a deed of variation with the club for a portion of Part Allotment 23 Parish of Mahurangi comprising 630m² for the purpose of increasing the club’s lease area. One of the principles of property law precludes the extension to a lease area by way of a variation to the lease document. The club has been advised that the deed of variation was issued incorrectly.

21. Subject to the satisfactory outcome of the process to declare the land as recreation reserve, council staff could subsequently recommend that the local board grant a deed of lease for additional premises to the club. The term of the lease for additional premises would run concurrently with the balance of any existing renewal term for Allotment 435.

22. The club occupies the parcel of land legally described as Part Allotment 23 Parish of Mahurangi comprising 380m² currently owned by the Crown and held by LINZ under the Land Act 1948 (Attachment C). In 1980 the Crown authorised this parcel of land as a legal reclamation (together with Allotment 435). Part Allotment 23 however, has remained in its current status. Council staff has recently requested LINZ and DOC to set the Crown-owned 380m² apart as a recreation reserve under the Land Act and under the Reserves Act, classify and vest in the council, in trust, for recreation purposes.

23. Such action would enable council staff to subsequently recommend that the local board grant a deed of lease for additional premises to the club. The term of the lease for additional premises would run concurrently with the balance of any existing renewal term for Allotment 435.

24. The club occupies the parcel of reclaimed land legally described as Lot 1 DP 498863 comprising 0.0473m² and is currently awaiting LINZ to vest the fee simple estate in the club.

25. The club occupies the parcel of reclaimed land legally described as Lot 4 DP 498863 comprising 0.3020m². The Department of Conservation vested the fee simple estate in the club on 16 August 2017.

Ngā whakaaweawe ā-rohe me ngā tirohanga a te poari ā-rohe / Local impacts and local board views

26. At its workshop of 8 February 2018, the Rodney Local Board Parks and Recreation Committee considered a memorandum on the option to renew the club’s lease, at which time the committee offered informal feedback to the proposal.

27. The recommendations within this report support the Rodney Local Board Plan 2017 outcomes for:

iv. communities are influential and empowered

v. parks and sports facilities that everyone can enjoy

vi. our harbours, waterways and environment are cared for, protected and healthy.

Tauākī whakaaweawe Māori / Māori impact statement

28. There are no changes in use or operational activities being conducted on the land.

29. A treaty clause will be included in the deed should Allotment 435 be subject to a treaty claim in the future.

Ngā ritenga ā-pūtea / Financial implications

30. There is no direct cost to council associated with this proposal.

Ngā raru tūpono / Risks

31. Should the Rodney Local Board Parks and Recreation Committee resolve not to grant the club the renewal of its lease, this decision may materially affect the clubs ability to undertake its core activities. Since the existing lease was put in place, the club has invested significant funds in its improvements and assets (Attachment D).

Ngā koringa ā-muri / Next steps

32. Subject to the grant of renewal and variation to the lease, council staff will work with the club to finalise the deed.

Ngā tāpirihanga / Attachments

No.	Title	Page
a ⇩	GIS aerial view showing lease area to Sandspit Yacht Club	11
b ⇩	GIS aerial view showing Part Allotment 23 comprising 630m2	13
c ⇩	GIS aeriial view showing Part Allotment 23 comprising 380m2	15
d ⇩	Google updated aerial view showing Sandspit yacht and marina	17

Ngā kaihaina / Signatories

Authors

Karen Walby – Community Lease Advisor

Authorisers

Kim O’Neill - Head of Stakeholder and Land Advisory

Lesley Jenkins - Relationship Manager

Rodney Local Board Parks and Recreation Committee

15 March 2018

Grant of landowner approval, new community lease and licence to occupy to Riverhead Playgroup Incorporated at Riverhead War Memorial Park, 1087 Coatesville-Riverhead Highway

File No.: CP2018/01965

Te take mō te pūrongo / Purpose of the report

1. To grant landowner approval to Riverhead Playgroup Incorporated for the installation of fencing adjacent to the pavilion at Riverhead War Memorial Park.

2. To grant a new community lease and a non-exclusive licence to occupy to Riverhead Playgroup Incorporated for the pavilion and 60m² of reserve land adjacent to the pavilion at Riverhead War Memorial Park.

Whakarāpopototanga matua / Executive summary

3. The playgroup occupies part of the Auckland Council-owned pavilion at Riverhead War Memorial Park by way of an occupancy agreement with the former Rodney District Council. The existing agreement has expired and the playgroup has applied to council for a new community lease. The playgroup has also requested a non-exclusive licence to occupy approximately 60m² of land adjacent to the pavilion for the purposes of creating a fenced and safe outdoor play area.

4. The Riverhead Athletics Club currently occupies the storeroom within the pavilion. However, the club has plans to vacate the pavilion and co-locate with the Kumeu Rugby Club, situated on private land adjacent to the park. As such, council staff has not recommended a community sub-lease to the Riverhead Athletics Club but a hire agreement between the playgroup and the Riverhead Athletics Cub.

5. The land comprising Riverhead War Memorial Park is subject to the requirements of the Reserves Act 1977. Auckland Council has satisfactorily completed the required statutory processes of public notification and engagement with iwi about its intention to grant a new community lease and non-exclusive licence to occupy to the playgroup.

6. Riverhead is identified as an area of population growth. As such, the Rodney Local Board may in the future wish to explore potential options to optimise the utilisation of Riverhead War Memorial Park to best meet the recreational needs of its local communities. The proposed new community lease and non-exclusive licence to occupy will contain an early termination clause to allow for any future recreational plans for the park.

7. This report recommends that the Rodney Local Board grant:

· landowner approval to Riverhead Playgroup Incorporated for the installation of fencing 60m² (more or less) of reserve land adjacent to the pavilion at Riverhead War Memorial Park

· a new community lease to Riverhead Playgroup Incorporated for the pavilion and non-exclusive licence to occupy 60m² (more or less) of reserve land at Riverhead War Memorial Park.

Ngā tūtohunga / Recommendation/s

That the Rodney Local Board Parks and Recreation Committee:

a) grant landowner approval to Riverhead Playgroup Incorporated to install fencing around 60m² (more or less) of reserve land immediately adjacent to the pavilion at Riverhead War Memorial Park legally described as Lot 2 DP 55325 as detailed in Attachment A to the agenda report.

b) grant a new community lease under section 73(3) of the Reserves Act 1977 to Riverhead Playgroup Incorporated for the pavilion at Riverhead War Memorial Park legally described as Lot 2 DP 55325 (Attachment B to the agenda report) subject to the following terms and conditions:

i. term – five years commencing 1 April 2018 with one, five year right of renewal

ii. rent - $1.00 plus GST if demanded

iii. maintenance fee - $500.00 per annum

iv. Riverhead Playgroup Incorporated will accommodate the Riverhead Athletics Club’s use of the storeroom within the pavilion by way of a hire agreement

v. the approved community outcomes plan will be attached to the deed of lease

vi. the deed of lease will contain a standard early termination clause to provide for the future recreational needs of the wider community.

c) grant a new community non-exclusive licence to occupy under section 73(3) of the Reserves Act 1977 to Riverhead Playgroup Incorporated for 60m² (more or less) at Riverhead War Memorial Park legally described as Lot 2 DP 55325 (Attachment C to the agenda report) subject to the following terms and conditions:

vii. term – five years commencing 1 April 2018 with one, five year right of renewal

viii. rent - $1.00 plus GST if demanded

ix. the deed of licence will contain a standard early termination clause to provide for the future recreational needs of the wider community.

d) approve the Riverhead Playgroup Incorporated community outcomes plan as attached to the agenda report (Attachment D to the agenda report).

Horopaki / Context

8. This report considers the leasing issues with respect to the occupation of the pavilion on Riverhead War Memorial Park by Riverhead Playgroup Incorporated.

9. The Rodney Local Board Parks and Recreation Committee is the allocated authority relating to local, recreation, sport and community facilities, including community leasing matters.

Land and pavilion

10. The Riverhead War Memorial Park is located at 1087 Coatesville-Riverhead Highway and comprises 6.17 hectares which is held in fee simple by Auckland Council as a classified recreation reserve subject to the Reserves Act 1977.

11. The playgroup occupies the majority of the pavilion comprising a small hall, kitchen, toilets and storage (Attachment E to the agenda report). The playgroup has occupied the pavilion for well in excess of a decade under the terms of various occupancy agreements issued by the former Rodney District Council’s Property Department.

12. While the existing occupancy agreement expired 13 June 2016, it has been holding over on a month-to-month basis. The agreement provides the playgroup with exclusive use of the pavilion on Wednesday and Friday mornings, however, in practice, “wider community use of the pavilion” is impeded by virtue of the following:

· the small size of the pavilion hall and the fact that the play equipment is in situ and difficult to pack up and down

· the playgroup is responsible for the cleanliness of its space within the pavilion and cannot always guarantee the state of the pavilion after other groups and individuals have used it (an historical issue with vandalism as a shared space between the playgroup and wider community use)

· the playgroup leader takes responsibility for the health and safety of the mums and children so needs to ensure that every endeavour is made to keep it up to the required standard.

13. Attached as Attachment F to the agenda report is the relevant section of the Riverhead War Memorial Park Reserve Management Plan which was adopted in October 2008.

Public notification

14. The Riverhead War Memorial Park Reserve Management Plan as adopted October 2008 contemplates the playgroup’s (and other community activities) use of the pavilion. However, as the park is subject to the requirements of the Reserves Act 1977 and classified as a recreation reserve, this classification does not legally “support” the local purpose nature of the playgroup’s activities nor the proposed community lease and non-exclusive licence to occupy.

15. As such, Auckland Council publicly notified and engaged with iwi about its intention to grant a new community lease and a non-exclusive licence to occupy to Riverhead Playgroup Incorporated at Riverhead War Memorial Park.

16. Public notices were placed in the Nor-West News and the Rodney Times on 13 April 2017. The proposal was also advertised on the Auckland Council website. Submitters were allowed one calendar month to make submissions or objections to the proposal to grant a new community lease and a non-exclusive licence to occupy to the playgroup. During this period, no submissions or objections were received.

Riverhead Playgroup Incorporated

17. The playgroup has been operating in excess of 30 years, having first set up its activities at the Riverhead Baptist Church. The playgroup currently caters for approximately 12 local families (regularly, there are 20 children at a session). The playgroup provides its families with a new “learning” theme and organises one trip each term and one activity per session pertaining to the particular learning theme.

18. The playgroup prides itself on the opportunities for support, strengthening and socialisation it provides to young families in the Riverhead areas. If the playgroup is successful in securing a community lease with council it may increase the frequency of its family sessions.

19. The playgroup undertook the process to become a legal entity with incorporated societies’ status to ensure its eligibility to apply for a community lease with council. The playgroup was incorporated under the Incorporated Societies Act 1908 on 19 March 2013. The playgroup’s rules and objects include the following:

· offer the opportunity for parents/caregivers to meet regularly with their children to play and to provide educational and social experiences.

20. Council staff has worked alongside the playgroup to draft, negotiate and agree on a community outcomes plan. The plan includes a performance measure explicit to the playgroup’s accommodation of the Riverhead Athletics Club by way of a hire agreement. Subject to the Rodney Local Board Parks and Recreation Committee’s grant of a new community lease, the plan will be appended as a schedule to the deed of community lease.

Tātaritanga me ngā tohutohu / Analysis and advice

21. The Riverhead War Memorial Park Reserve Management Plan as adopted October 2008 contemplates the playgroup’s use of the pavilion. Also contemplated in the reserve management plan under future development is the extension of the pavilion to allow for the increased needs of community groups.

22. In addition to the playgroup’s application for a formal community lease for the pavilion, the playgroup has also requested a licence to occupy area for the purpose of creating a safe, outside play area adjacent to the pavilion.

23. The playgroup is aware that this area is set aside for future development in accordance with the reserve management plan and is accepting that should an outside play area be formed, when required to, the playgroup would need to remove it to make way for the extension to the pavilion. Further, any deeds of lease and licence to occupy will contain a standard early termination clause.

Ngā whakaaweawe ā-rohe me ngā tirohanga a te poari ā-rohe / Local impacts and local board views

24. At its workshops of 2 May and 5 September 2016, the Rodney Local Board Parks Culture and Community Development Committee was presented with memorandums on the proposal and indicated informal support.

25. At its business meeting of 16 March 2017, the Rodney Local Board Transport, Infrastructure and Environment Committee resolved to approve the public notification of Auckland Council’s intention to grant a new community lease and licence to occupy to Riverhead Playgroup Incorporated for the pavilion and land at Riverhead War memorial Park (Resolution number RODTP/2017/3).

26. The recommendations within this report support the Rodney Local Board 2017 Plan outcomes for:

· our communities are influential and empowered: communities have the capacity, skills and support they need

· parks and sports facilities that everyone can enjoy: our communities have great local options for indoor and outdoor sports and recreation.

Tauākī whakaaweawe Māori / Māori impact statement

27. In December 2016 and March 2017, engagement was undertaken with mana whenua identified as having an interest in land in the local board area about the proposed licences to occupy.

28. Engagement involved:

· a presentation at the Mana Whenua Forum held at Orewa on 7 December 2016

· email contact containing detailed information and inviting iwi representatives to hui and or for a Kaitiaki site visit to comment on any spiritual, cultural or environmental impact with respect to the proposal.

29. Mana whenua representatives did not raise any specific concerns to the lease and non-exclusive licence to occupy proposals.

Ngā ritenga ā-pūtea / Financial implications

30. The costs associated with public notification and engagement with iwi about council’s intention to grant a community lease and non-exclusive licence to occupy to the playgroup were approximately $500.00. This cost was borne by the Community Facilities department.

Ngā raru tūpono / Risks

31. During the statutory processes of engagement with mana whenua and public notification about the proposed lease and non-exclusive licence to occupy, the non-exclusive licence to occupy area was indicated as 31m² (more or less) of reserve land adjacent to the pavilion. Contained within the playgroup’s application for landowner approval for fencing the area adjacent to the pavilion was a concept drawing detailing the area as approximately 60m².

32. Council’s Reserves Act specialist provided guidance to council staff to proceed with the non-exclusive licence to occupy proposal for 60m² as council staff had met the requirements of the Reserves Act 1977, as follows:

· both iwi and the public had been notified of the pavilion extensions when the reserve management plan was notified

· council staff had completed independent engagement with iwi and public notification.

33. Should the Rodney Local Board Parks and Recreation Committee resolve not to grant a new community lease and non-exclusive licence to occupy to the playgroup, this decision may affect the playgroup’s security of tenure and therefore its ability to provide a valuable service and opportunities for new families in the fast-developing area of Riverhead and its surrounds.

Ngā koringa ā-muri / Next steps

Subject to the grant of landowner approval, community lease and non-exclusive licence to occupy, council staff will work with the playgroup to finalise the deeds.

Ngā tāpirihanga / Attachments

No.	Title	Page
a ⇩	Landowner approval conditions	25
b ⇩	GIS aerial view showing lease area	29
c ⇩	GIS aerial view showing non-exclusive licence to occupy area	31
d ⇩	Community Outcomes Plan	33
e ⇩	Floor plan	35
f ⇩	Excerpt from Riverhead War Memorial Park Reserve Management Plan	37

Ngā kaihaina / Signatories

Authors

Karen Walby – Community Lease Advisor

Authorisers

Kim O’Neill - Head of Stakeholder and Land Advisory

Lesley Jenkins - Relationship Manager

Rodney Local Board Parks and Recreation Committee

15 March 2018

Renewal of non-exclusive licences to occupy to Mahurangi Community Sport and Recreation Collective Incorporated at Warkworth Showgrounds Reserve

File No.: CP2018/02152

Te take mō te pūrongo / Purpose of the report

1. To grant a renewal of the non-exclusive licences to occupy to Mahurangi Community Sport and Recreation Collective Incorporated at Warkworth Showgrounds Reserve.

Whakarāpopototanga matua / Executive summary

2. Mahurangi Community Sport and Recreation Collective Incorporated has two non-exclusive licences to occupy land within Warkworth Showgrounds Reserve for the siting of two port-a-coms for changing rooms and storage.

3. The non-exclusive licences to occupy provide for the option to renew on an annual basis at the sole discretion of the Rodney Local Board Parks and Recreation Committee.

4. The Mahurangi Community Sport and Recreation Collective Incorporated has formally applied to council to renew its non-exclusive licences to occupy at Warkworth Showgrounds Reserve for the two port-a-coms.

5. This report recommends that the Rodney Local Board Parks and Recreation Committee grant the Mahurangi Community Sport and Recreation Collective Incorporated a renewal of its non-exclusive licences to occupy.

Ngā tūtohunga / Recommendation/s

That the Rodney Local Board Parks and Recreation Committee:

a) grant a renewal of the two non-exclusive licences to occupy to Mahurangi Community Sport and Recreation Collective Incorporated on a part of Warkworth Showgrounds Reserve legally described as Section 2 SO 509338 (Attachments A and B to the agenda report) subject to the following:

i) term – one year commencing 1 March 2018 with the option to renew on an annual basis at the complete discretion of the Rodney Local Board

ii) rent - $1.00 plus GST per annum if demanded

iii) a treaty clause will be included in the deeds of renewal to record the underlying Crown ownership

iv) acknowledgement that the non-exclusive licences to occupy are temporary and will no longer be required once the future multi-purpose sports complex is constructed on the site.

b) note that all other terms and conditions will be in accordance with the Auckland Council Community Occupancy Guidelines 2012 and the Warkworth Showgrounds Reserve Management Plan adopted 17 June 2004.

Horopaki / Context

6. This report considers the community occupancy issues with respect to the option to renew the non-exclusive licences to occupy to the Mahurangi Community Sport and Recreation Collective Incorporated (the collective) on Warkworth Showgrounds Reserve.

7. The Rodney Local Board Parks and Recreation Committee is the allocated authority relating to local, recreation, sport and community facilities, including community leasing matters.

Land

8. The Warkworth Showgrounds Reserve is located on the eastern side of State Highway 1, just north of Warkworth township.

9. Most of the reserve is held by the Crown through the Department of Conservation and vested in Auckland Council, in trust, for recreation purposes. The parcel on which the port-a-coms are sited is classified as recreation reserve and subject to the provisions of the Reserves Act 1977. A treaty clause will be included in the deeds of renewal of non-exclusive licences to occupy, to recognise the underlying Crown ownership.

10. In March 2017, council staff satisfactorily completed the statutory processes to reclassify the southern portion of the parcel of land previously described as Part Section 96D Parish of Mahurangi (from recreation reserve to local purpose (community buildings and showgrounds) reserve). Part Section 96D was re-surveyed and is now described as Sections 1 and 2 SO 509338 (Attachment C).

11. The two non-exclusive licences to occupy each comprise 21.6m² (more or less) of Section 2 SO 509338 which is classified as recreation reserve. This classification supports the collective’s activities.

Warkworth Showground developments and requirement for temporary port-a-coms

12. Featured in the Warkworth Showgrounds Development Plan is a proposed multi-purpose sports complex. The planning phase for the proposed multi-purpose sports complex is underway and includes a requirement for adequate changing rooms and storage.

13. Port-a-com “one” is sited adjacent to the netball courts and provides for storage and port-a-com “two” is sited adjacent to the hockey turfs and provides for changing facilities.

14. The Sport and Recreation team support the continued siting of the two port-a-coms at the Warkworth Showgrounds. These temporary buildings provide the storage facilities and changing room that support the use of the newly developed area for local sport.

15. There are no alternative equipment storage options on-site and the only permanent changing facilities at the Showgrounds are within the Rugby Club. These have recently been upgraded and are shared as scheduling allows, however with rugby, football, netball and hockey all being winter season sports, there are capacity issues.

16. Further, it is inappropriate for some sports (given the mix of age and gender) to share rugby changing room spaces given their layout. The port-a-coms will be required until such time as permanent changing room and storage facilities are developed as part of a multi-sport hub. This objective is described in the collective’s strategic plan.

17. The feasibility study completed in 2017 recommended that stage one of the multi-sport development be the Gymsports hall. This will increase the storage capacity of the site for other sports, but given the cost (circa $2.5m), it is likely to be several years away.

18. The operative reserve management plan for Warkworth Showgrounds Reserve adopted 17 June 2004 contemplates a multi-purpose building. Once the multi-purpose sports complex is constructed the changing facilities for all sports will be incorporated and the port-a-com buildings will no longer be required.

19. The port-a-coms are standard structures and measure 3.6 metres in width, 6 metres in length and 2.8 metres high.

The collective

20. Council has been undertaking staged development of Warkworth Showgrounds since 2006. The collective has acted as the major community advocate of the development on behalf of a number of sports including gymnastics, netball, hockey, soccer and rugby.

21. Mahurangi Community Sport and Recreation Collective Incorporated was incorporated under the Incorporated Societies Act 1908 on 26 November 2008. The collective’s objectives contained within its constitution includes the following:

· To encourage and promote all sports and the welfare of sportsmen and sportswomen, particularly in relation to the Founding sports

· To promote and encourage increased levels of physical activity and participation in community sport in the Warkworth and District region

· To promote a sense of community through physical activity and sport by the development of a central sports hub.

22. The collective is not obliged to enter into a community outcomes plan for this occupancy arrangement. The reasons being; first, that the occupancy arrangements are of a temporary nature and secondly, community outcome plans are already in place with the relevant existing lessees on the reserve that essentially, are part of the collective.

Tātaritanga me ngā tohutohu / Analysis and advice

23. The two port-a-coms provide the storage facilities and changing space that support the use of the newly developed area for local sport.

Ngā whakaaweawe ā-rohe me ngā tirohanga a te poari ā-rohe / Local impacts and local board views

24. At its business meeting of 16 February 2017, the Rodney Local Board resolved to grant two new non-exclusive licences to occupy to the collective with the option to renew on an annual basis. Resolution number RD/2017/13 (Attachment C to the agenda report).

25. The recommendations within this report support the Rodney Local Board Plan 2017 outcomes for:

· communities are influential and empowered

· parks and sports facilities that everyone can enjoy.

Tauākī whakaaweawe Māori / Māori impact statement

26. There are no significant changes or impacts for Māori associated with the recommendations in this report.

27. A treaty clause will be included in the deed should Section 2 SO 509338 be subject to a treaty claim in the future.

Ngā ritenga ā-pūtea / Financial implications

28. There is no direct cost to council associated with this proposal.

Ngā raru tūpono / Risks

29. Should the Rodney Local Board Parks and Recreation Committee resolve not to grant the collective a renewal of the non-exclusive licences to occupy, this decision may affect the current users ongoing need for additional storage and change room facilities at Warkworth Showgrounds Reserve.

Ngā koringa ā-muri / Next steps

30. Subject to the grant of renewal of the non-exclusive licences to occupy, council staff will work with the collective to finalise the deeds.

Ngā tāpirihanga / Attachments

No.	Title	Page
a ⇩	Google aerial view showing licence to occupy area number one	43
b ⇩	Google aerial view showing licence to occupy area number two	45
c ⇩	Title plan	47
d ⇩	Resolution	49

Ngā kaihaina / Signatories

Authors

Karen Walby – Community Lease Advisor

Authorisers

Kim O’Neill - Head of Stakeholder and Land Advisory

Lesley Jenkins - Relationship Manager

Rodney Local Board Parks and Recreation Committee

15 March 2018

Community Places 2017/2018 hire fee subsidy

File No.: CP2018/02738

Te take mō te pūrongo / Purpose of the report

1. To approve a further subsidy of venue hire fees to two local groups providing activities in Warkworth.

Whakarāpopototanga matua / Executive summary

2. The Rodney Local Board Parks and Recreation Committee adopted the Arts, Community and Events work programme 2017/2018 on 15 June 2017. Noted in line 1038, staff recommended the local board:

Administer further fee subsidy of hire fee to hirers with special legacy arrangements funded by LDI to December 2017.

Includes $13,500 for the extension of the transitional fees for regular users through to December 2017 and $1,500 for any other potential fee waivers.

3. To date the Rodney Local Board has spent $10,870 on hirers with existing special legacy arrangements plus a further $3,731 on other fee waiver requests. The grand total spent is $14,601, with $399 remaining.

4. A further two hire fee waiver requests have been received, totaling $3,017. The remaining amount of $399 is insufficient for a full waiver of the requests received.

5. Staff have considered the options for the subsidy, these are summarised in the report. Staff recommend that the remaining amount of $399 to be split evenly between the two pending applications from The Lions Club of Kowhai Coast Treemendous display and the Sounds on Screen event.

Ngā tūtohunga / Recommendation/s

That the Rodney Local Board Parks and Recreation Committee:

a) confirms the remaining amount of $399 be shared between The Lions Club of Kowhai Coast Treemendous display and the Sounds on Screen event to finalise the extension of the hire fee subsidy for 2017/2018.

Horopaki / Context

6. Local boards are responsible for setting local fees and charges and subsidies for council run venues.

7. In 2014, council adopted the Hire Fee Framework, an operational policy which guides the setting of fees and charges and subsidies across the network of council operated community centres and venues for hire. The framework includes financial incentives aimed at enabling community outcomes.

8. On 15 June 2017 the Rodney Local Board Parks and Recreation Committee adopted the Arts, Community and Events (ACE) 2017/2018 work programme. The work programme included a further subsidy of hire fees to hirers totalling $15,000. This subsidy falls outside of the framework.

9. Between July 2017 and December 2017, a total of $3,731 was granted in other fee waivers and a total of $10,870 was allocated to hirers with existing special legacy arrangements. The remaining unspent amount is $399.

10. A further two hire fee waiver requests have been received, totaling $3,017. The remaining amount of $399 is insufficient for a full waiver of the requests received.

Group / Individual hirers name	Venue	Amount
Lions Club of Kowhai Coast	Warkworth Masonic Hall	$1096.50
Urs Bauer (Sounds on Screen)	Warkworth Town Hall	$1920.48
	Grand total	$3016.98

Tātaritanga me ngā tohutohu / Analysis and advice

11. On 14 November 2017 a request to consider a fee reduction or fee waiver was received for The Lions Club of Kowhai Coast Treemendous display in the Warkworth Masonic Hall. This was a fundraising event to help the Kawau Bay Coast Guards purchase new equipment to support their life saving service to the community. The event was held in December 2017. The total hire fee calculated which includes the local board priority rate subsidy is $1097.

12. On 4 January 2017 another request was received to consider hall fee waiver for the Sounds on Screen event in the Warkworth Town Hall. This is the second time that this event will be held at Warkworth Town Hall. It is a ticketed event with concessions for gold card holders, students and children under the age of twelve. The programme of events consists of two sessions targeting a young audience and another two targeting senior citizens. The total hire fee calculated for this hire which includes the local board priority rate subsidy and other user charges such as security and cleaning is $1920.

13. At the time the applications for The Lions Club of Kowhai Coast Treemendous display and Sounds on Screen event were received, there was not enough budget left to grant a full waiver of the charges and staff could only recommend a fee reduction of up to $399 to be split across the two applications

14. Staff considered the options and the impacts, outlined in the table below:

Option

Description

Impact

1. Decline the applications pending approval

no additional subsidy to be allocated and hirers will continue to pay in line with what has been charged under the Hire Fee Framework

(not recommended)

• The Lions Club of Kowhai Coast and Sounds on Screen event will continue to receive the local board priority rate of 50 per cent discount which is within the framework

• The Lions Club of Kowhai Coast will need to pay $1097 and risk not having enough funds to purchase new equipment

• Sounds on Screen event will need to pay $1920 and risk cancelling the potential long term annual event

• the local board will not need to allocate any LDI funding

• the local board may consider reducing the existing subsidy by $399 or keep it available for other fee waiver requests.

2. Share the remaining subsidy amount between the two activities

the remaining amount of $399 to be split evenly across the two pending applications

(recommended)

• The Lions Club of Kowhai Coast and Sounds on Screen event will continue to receive the local board priority rate of 50 per cent discount which is in within the framework

• both will receive an additional subsidy of $199 each therefore each group will need to pay the following amounts:

- Lions Club of Kowhai Coast, $898

- Sounds on Screen, $1721

• the local board will not need to consider allocation of any LDI funding

• future requests for a hire fee waiver cannot be supported.

3. Allocate additional funding for the subsidy

3a. additional LDI funding to be allocated to cover the cost of providing use without charge for the two pending applications

(not recommended)

• The Lions Club of Kowhai Coast and Sounds on Screen event will continue to receive the local board priority rate of 50 per cent discount

• the remaining subsidy of $399 will be evenly split between The Lions Club of Kowhai Coast and Sounds on Screen event

• the local board will allocate $898 from LDI funding to cover the cost for The Lions Club of Kowhai Coast

• The local board will allocate $1721 from LDI funding to cover the cost for the Sounds on Screen event

• grand total to be allocated from LDI funding is $2619

• future requests for a hire fee waiver cannot be supported.

3b. additional LDI funding to be allocated to cover the cost of providing use without charge for the two pending applications including consideration for other potential fee waiver requests received now until 30 June 2018

(not recommended)

• The Lions Club of Kowhai Coast and Sounds on Screen event will continue to receive the local board priority rate of 50 per cent discount

• the local board will allocate $1097 from LDI funding to cover the cost for The Lions Club of Kowhai Coast

• the local board will allocate $1920 from LDI funding to cover the cost for the Sounds on Screen event

• the local board will allocate an additional $4000 (based on analysis of first six months) to cover the cost of any potential fee waiver requests received between now until 30 June 2018

• grand total to be allocated from LDI funding is $7017

• $4399 will be available for other potential fee waiver requests until 30 June 2018.

15. On consideration of the impacts, staff recommend option two as it is consistent with the Hire Fee Framework which is accessible to all in the community and it will successfully complete the funding allocated for the hire fee subsidy for 2017/2018.

Ngā whakaaweawe ā-rohe me ngā tirohanga a te poari ā-rohe /
Local impacts and local board views

16. The local board supports activities contributing to community outcomes such as those offered by not-for-profit charities or community organisations, particularly if hosting free public events or activities that will directly support the community and focusses on achieving strong community usage.

Tauākī whakaaweawe Māori / Māori impact statement

17. The subsidy is not specifically targeted for Māori populations. However, it aims to be clear and transparent to all users and enable all Aucklanders, including Māori, to participate in activities happening in our venues.

Ngā ritenga ā-pūtea / Financial implications

18. The recommendation of sharing the remaining amount of $399 between the two applications will not require additional funding to be allocated. This recommendation will successfully complete the funding that was allocated for the hire fee subsidy for 2017/2018.

Ngā raru tūpono / Risks

19. There is a potential risk for the two pending applications:

· The Lions Club of Kowhai Coast not having enough funds to purchase the new equipment which was the purpose of the event held in December 2017 at Warkworth Masonic Hall

· Sounds on Screen event cancelling or reducing their planned programme of events and activities.

20. While these risks have been taken into account, staff do not recommend extending the 2017/2018 hire fee subsidy as it perpetuates benefits that fall outside the Hire Fee Framework.

Ngā koringa ā-muri / Next steps

21. On receiving confirmation of a decision by the local board, staff will implement the appropriate administration arrangement for the 2017/2018 hire fee subsidy.

Ngā tāpirihanga / Attachments

There are no attachments for this report.

Ngā kaihaina / Signatories

Authors

Melody Sei – Manager Venues for Hire

Authorisers

Andrew Clark - General Manager Commercial and Finance

Lesley Jenkins - Relationship Manager

Chairperson	Brent Bailey
Deputy Chairperson	Allison Roe, MBE
Members	Tessa Berger
	Cameron Brewer
	Beth Houlbrooke
	Louise Johnston
	Phelan Pirrie
	Colin Smith
	Brenda Steele

Authors	Raewyn Morrison - Local Board Democracy Advisor
Authorisers	Lesley Jenkins - Relationship Manager