Addendum Agenda of Waiheke Local Board

Waiheke Local Board

26 July 2018

Development of a local park management plan for Rangihoua Reserve and Onetangi Sports Park

File No.: CP2018/13317

Te take mō te pūrongo / Purpose of the report

1. To seek approval for option three - concurrent development of a management plan for Rangihoua Reserve and Onetangi Sports Park and the Waiheke omnibus management plan.

2. To provide information on options for independent decision-making for the development of Rangihoua Reserve and Onetangi Sports Park management plan, and seek approval for option (d) - appoint an independent committee including local authority representation to hear submissions and make decisions.

Whakarāpopototanga matua / Executive summary

3. The Waiheke Local Board has sought further advice on the development of a management plan for Rangihoua Reserve and Onetangi Sports Park (reserve and park) and options for independent decision-making of the plan’s development.

4. This responds to the December 2017 request by the Minister of Conservation that the council complies with the requirement to develop a management plan for Onetangi Sports Park.

5. Staff identified four options for the management plan development. These were considered at local board meeting on 26 April 2018 and discussed at two subsequent workshops on 14 June and 12 July 2018.

6. Option three - concurrent development of the Rangihoua Reserve and Onetangi Sports Park management plan and the Waiheke omnibus management plan is recommended.

7. The July workshop also discussed four possible options for independent decision-making for the development of the plan.

8. Option (d) – appoint an independent committee including local authority representation, is the recommended option on the basis that it provides the greatest level independent decision-making and meets the requirements of both the Local Government Act 2002 and Reserves Act 1977.

9. If option (d) is approved, staff recommend the local board proceed with the appointment of a committee comprising two accredited commissioners, one of whom would chair the committee, the Chair of Waiheke Local Board, one other Waiheke Local Board member and the Chair of Great Barrier Local Board. This is consistent with feedback given by the local board at their 12 July workshop.

10. Te Rangihoua maunga and the surrounding Landscape Amenity Area sit within Rangihoua Reserve and Onetangi Sports Park. The local board has approved the appointment of the Rangihoua and Tāwaipareira management committee to manage the maunga and Landscape Amenity Area. Until the committee is convened, it is recommended that these areas be excluded from the management plan.

11. Taking the above approach will achieve:

· clear management direction for the Rangihoua Reserve and Onetangi Sports Park

· mitigation from the contention surrounding the reserve and park

· the level of independence sought by the local board

· compliance with the Reserves Act 1977 requiring local authority representation

12. Next steps will be a report to the local board approving notification of the intent to develop a management plan along with all processes required to comply with the Reserves Act 1977

Ngā tūtohunga / Recommendations

That the Waiheke Local Board:

a) approve option three - concurrent development of a management plan for Rangihoua Reserve and Onetangi Sports Park, with the Waiheke omnibus management plan (noting that the development of a Waiheke omnibus management plan has been approved under resolution WHK/2018/91), using the process outlined in the Reserves Act 1977.

b) agree to exclude Te Rangihoua maunga and the surrounding Landscape Amenity Area from the management plan as these areas are under the terms of reference of the Rangihoua and Tāwaipareira Committee.

c) approve option (d) – appointment of the Rangihoua Reserve and Onetangi Sports Park management plan committee to hear objections and comments from submitters, consider the extent to which they have been allowed or accepted or disallowed or not accepted and approve the management plan.

d) appoint a committee comprising two accredited commissioners, one of whom would chair the committee, the Chair of Waiheke Local Board, one other Waiheke Local Board member and the Chair of Great Barrier Local Board.

Horopaki / Context

13. The Minister of Conservation has set out her expectation that Auckland Council will comply with the requirement to prepare a reserve management plan for Onetangi Sports Park. This follows the discontinuation of judicial review proceedings brought by the Hauraki Gulf Enhancement Society against Auckland Council and others, in relation to a lease to the Waiheke Golf Club over part of Onetangi Sports Park.

14. Onetangi Sports Park is held under the Reserves Act 1977 and classified recreation reserve. Rangihoua Reserve is held as fee simple under the Local Government Act 2002. Other smaller parcels of parkland adjoining the park and reserve are held as unclassified reserves under the Reserves Act 1977 (see Attachment A for further details).

15. At the local board meeting held on 26 April 2018, staff provided options for the development of a management plan.

16. Four options were presented:

· option one: develop a Rangihoua Reserve and Onetangi Sports Park management plan

· option two: incorporate Rangihoua Reserve and Onetangi Sports Park in an open space management plan covering all local parks in the Waiheke Local Board area (omnibus plan)

· option three: concurrent development of the Rangihoua Reserve and Onetangi Sports Park management plan and the Waiheke omnibus management plan

· option four: consider incorporating Rangihoua Reserve and Onetangi Sports Park into Whakanewha Regional Park requiring a variation to the Regional Parks Management Plan 2010.

17. The local board resolved:

a) request that the General Manager, Parks Sports and Recreation provide advice on the viability of and process around incorporating Rangihoua Park into the Whakanewha Regional Park as per option four and for reviewing the existing Whakanewha Reserve Management Plan to accommodate this, for consideration at the next available board workshop followed by a report to a local board meeting agenda.

b) staff proceed with the development of an omnibus open space management plan for all other local parks on Waiheke (with a decision on the inclusion or otherwise of Rangihoua Reserve and Onetangi Sports Park in that plan to be confirmed) (resolution number: WHK/2018/91)

18. On 14 June 2018, staff presented further advice at the local board workshop on:

· incorporating the reserve and park into Whakanewha Regional Park and

· options for independent decision-making on a local park management plan for the reserve and park.

19. On 12 July 2018, the local board discussed the following at its workshop:

· the scope of and decision-making for the omnibus local park management plan for all other Waiheke parks

· option one, a standalone management plan for Rangihoua Reserve and Onetangi Sports Park

· options for independent decision-making for option one – a management plan for Rangihoua Reserve and Onetangi Sports Park.

20. Staff have now responded to the request for further advice on option four, the viability of incorporating the reserve and park into Whakanewha Regional Park.

21. Staff have recommended the local board does not proceed with option four. This is covered in the July report “Incorporation of Rangihoua Reserve and Onetangi Sports Park in Whakanewha Regional Park”.

22. This report covers a local board request for a formal report on options for independent decision-making for the development of the Rangihoua Reserve and Onetangi Sports Park management plan.

Tātaritanga me ngā tohutohu / Analysis and advice

Local park management plan development

23. The local board has resolved to prepare an omnibus open space management plan for all local parks on Waiheke. (resolution number: WHK/2018/91)

24. The June and July workshops considered the risks and opportunities of including the reserve and park in the omnibus open space management plan.

25. Staff recommend the preparation of the Rangihoua Reserve and Onetangi Sports Park management plan concurrently with the preparation of the omnibus open space management plan.

26. Developing the two plans at the same time will allow the community to take a holistic look at local park issues on the island and provide the flexibility to separate the two plans if extra time is required to look at specific issues in depth.

27. Additionally, cost savings can be realised by running the two management plan projects at the same time. This includes community engagement and public notices.

28. The plans are intended to be the guiding policy framework for managing use, protection and development of Waiheke’s local parks network. The plans will include general management principles and policies which will apply to all parks or park types across the local park network, as well as park-specific policies and guidance where required.

29. The plans will be developed under the Reserves Act 1977 and the Local Government Act 2002. The Reserves Act 1977 requires that management plans be prepared and kept under continuous review for land held under that Act.

30. Management plans are not mandatory under the Local Government Act 2002. However, the local parks network is a strategic asset for the council which requires that the land be managed in terms of public policy developed consistent with section 83 of the Local Government Act 2002.

31. In the interests of developing an integrated local park management plan compliant with both the Reserves Act 1977 and the Local Government Act 2002, it is prudent to prepare the plan utilising the procedures for developing reserve management plans set out in the Reserves Act 1977.

32. The Reserves Act 1977 process includes two formal rounds of public consultation. The purpose of the first round is to seek feedback to inform the development of the draft plans. The purpose of the second round is to invite submissions on the draft plan, including a formal hearings process for objectors or supporters wanting to be heard prior to finalisation of the plans.

Independent decision-making on Rangihoua Reserve and Onetangi Sports Park

33. There has been a long contentious history surrounding Rangihoua Reserve and Onetangi Sports Park. The local board have indicated a need for independent decision-making on the management plan that covers the reserve and park.

34. Staff have investigated four options which provide varying levels of independent decision-making on the management plan following the notification of the draft management plan.

Option	Description of management plan decision-making
Option a) local board	· Local board hears submissions and makes decisions on the management plan.
Option b) local board with an independent chair	· Local board appoints an independent commissioner to chair a panel with some or all of the local board. · The panel would hear submissions and make decisions on the management plan (if a quorum of the local board is on the panel).
Option c) independent commissioners (option only available for land held under the Reserves Act)	· Local board appoints a panel of three independent commissioners to hear objections and comments from submitters, consider and make recommendations to the local board. · The local board would make the decision on whether or not to accept the recommendations of the commissioners and adopt the management plan. · This option is only available for Onetangi Sports Park as it is held under the Reserves Act 1977. Rangihoua Reserve would have to be declared and classified a reserve under the Reserves Act 1977 to be included.
Option d) appoint an independent committee including local authority representation	· Local board appoints an independent committee to: o hear objections and comments from submitters; o consider the extent to which they should be allowed or accepted or disallowed or not accepted; o approve the management plan. · The committee would have a minimum of three members, one of whom is required to be a local authority member. A local authority member is either a local board member or councillor.

35. The analysis of the decision-making options is provided in Attachment B.

36. All options except option a) involve the use of commissioners in the hearing of submissions, making recommendations on the management plan and/or the decision-making.

37. Local authorities use commissioners in a variety of situations including where there are perceived or actual conflicts of interest, or perceptions of bias, or where there is the need for specialist or independent advice.

38. Under options b), c) and d), commissioners with knowledge and experience of the Reserves Act 1977, landscape architecture and kaupapa Māori could assist in the decision-making for the reserve and park.

39. In assessing the options, the following factors were considered:

· retention of local decision-making

· perceived/actual conflict of interest

· complexity of decision-making.

40. It is recommended that the local board approve option d – appoint an independent committee including local authority representation to hear submissions and approve the final management plan for the reserve and park.

Te Rangihoua maunga management and Tāwaipareira and Rangihoua management committee

41. At the November 2017 meeting, the Waiheke Local Board resolved to establish a Rangihoua and Tāwaipareira management committee and adopted the terms of reference for the committee. (resolution number: WHK/2017/195).

42. The management consists of three representatives of Ngāti Paoa and three Waiheke Local Board members.

43. As outlined in the terms of reference, the committee is delegated management of the maunga and surrounding Landscape Amenity area of Te Rangihoua and will be consulted on issues related to the management of surrounding areas where public consultation is required.

44. Te Rangihoua maunga is located within Rangihoua Reserve while the Landscape Amenity Area is located within both Rangihoua Reserve and Onetangi Sports Park. Therefore, the management committee would have interests in the development of a management plan that would cover the reserve and park.

45. The proposed decision-making arrangements for the management plan do not include a representative from Ngāti Paoa. The inclusion of Te Rangihoua maunga and the Landscape Amenity Area would effectively remove the co-management arrangement that the local board has put in place.

46. Staff recommend that the above areas are excluded from the scope of the management plan until the Rangihoua and Tāwaipareira committee has been convened and made a decision on their inclusion.

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

47. The local board has considered options for the development of a management plan at the April meeting and at two subsequent workshops in June and July 2018. Options for independent decision-making were also covered at the June and July workshops.

48. At the July workshop, local board members expressed their preference for the appointment of a committee to delegate decision-making on the reserve and park management plan to that committee.

49. Local board members expressed their preference to have five committee members.

50. The proposed committee would comprise two accredited commissioners, one of whom would chair the committee, the Chair of the Waiheke Local Board, one other Waiheke Local Board member and a local board member from outside Waiheke.

51. An understanding of the challenges facing Hauraki Gulf islands would add value and insight. Therefore it is recommended that the Chair of Great Barrier Local Board is considered.

52. This approach provides for independent decision-making and a mix of knowledge of the Reserves Act 1977, local knowledge and knowledge of island communities.

53. The local board members present at the July workshop expressed their desire to include Te Rangihoua maunga in the Rangihoua Reserve and Onetangi Sports Park management plan, until such time as the Rangihoua and Tāwaipareira management committee is established.

54. Staff will consult Ngāti Paoa about the scope of the management plan and report back to the September local board meeting.

Tauākī whakaaweawe Māori / Māori impact statement

55. Mana whenua involvement in the development of the plan is important to enable te ao Māori to be incorporated into the management of Waiheke’s local parks network.

56. The planning process is intended to provide an opportunity for mana whenua to participate and influence management of local parks. This supports their role as kaitiaki and enables a better understanding of and confidence in how local parks on Waiheke Island will be managed in the future.

57. Staff have initially engaged with mana whenua at the Parks and Recreation Mana Whenua Forum to introduce the proposed plan. Mana whenua who have rohe which includes Waiheke Island will be invited to hui prior to commencing the public notification process to discuss how they want to be involved in the development of the plan.

Ngā ritenga ā-pūtea / Financial implications

58. At their 26 April 2018 meeting, the Waiheke Local Board resolved to allocate $80,000 in 2018/19 to prepare an omnibus open space management plan. (resolution number WHK/2018/91)

59. The total costs to prepare the omnibus management plan concurrently with the Rangihoua Reserve and Onetangi Sports Park management plan are estimated to be $130,000. A further $50,000 locally driven initiatives funding will be required in 2019/20.

60. The cost of independent commissioners will be met from the Democracy Services departmental operating budget.

Ngā raru tūpono / Risks

61. There has been significant interest in the appropriate use of Rangihoua Reserve and Onetangi Sports Park. This has included a discontinued judicial review of a decision to grant a lease to the Waiheke Golf Club Inc.

62. In the course of preparing the management plan, there may be further significant interest or dispute over these issues which may require an extension to the programme timeframe to complete the work. This will be mitigated by undertaking comprehensive community engagement beyond what is required in the Reserves Act 1977 as part of the development of the plan.

63. The plan timeline in Attachment C notes that the process will be paused prior to the 2019 local government elections as it will not be possible for decisions on submissions and the final plan to be made by the end of September 2019. This will ensure that local board members on the committee will remain unchanged during hearings and approving the final plan.

64. The management plan process may generate some uncertainty for existing leaseholders, particularly if there are alternative uses suggested for their sites. The Reserves Act 1977 does not provide certainty that existing leases will continue beyond their current rights.

65. Rangihoua and Tāwaipareira management committee has yet to formally meet and have not discussed the inclusion of Te Rangihoua maunga and the Landscape Amenity Area in the reserve and park management plan. If the committee decides to include the maunga and Landscape Amenity Area in the management plan this will need to be formalised in a report to the Waiheke Local Board.

Ngā koringa ā-muri / Next steps

66. If the local board accepts the recommendation to form a separate committee for the reserve and park management plan, staff will prepare a report to formally initiate the statutory process to prepare two management plans for parks on Waiheke Island. One for Rangihoua Reserve and Onetangi Sports Park and one for all other parks on the island.

67. Proposed classification of the four parcels of land identified in attachment 1will be reported to the local board for their consideration at their September 2018 business meeting.

68. The first round of formal consultation is intended to commence late October 2018. This will initially focus on mana whenua and key stakeholder engagement as well as providing an opportunity for the general public to provide suggestions to inform the draft plans.

69. Formal consultation will include statutory public notification of the intention to prepare two management plans in accordance with the Reserves Act 1977.

70. An indicative timeline for the preparation of a management plan is outlined in attachment 3.

Ngā tāpirihanga / Attachments

No.	Title	Page
a ⇩	Classification details for Rangihoua Reserve and Onetangi Sports Park	13
b ⇩	Options for independent decision-making on a management plan	15
c ⇩	Management plan indicative timeline	17

Ngā kaihaina / Signatories

Authors

Shyrel Burt - Service and Asset Planning Specialist

Matthew Ward - Service & Asset Planning Team Leader

Authorisers

Lisa Tocker - Head of Service Strategy and Integration

Helgard Wagener - Relationship Manager Great Barrier and Waiheke Local Boards

Waiheke Local Board

26 July 2018

Incorporation of Rangihoua Reserve and Onetangi Sports Park into Whakanewha Regional Park

File No.: CP2018/13434

Te take mō te pūrongo / Purpose of the report

1. To provide further advice on option four, the incorporation of Rangihoua Reserve and Onetangi Sports Park into Whakanewha Regional Park and to recommend option four is not progressed.

Whakarāpopototanga matua / Executive summary

2. On 26 April 2018, the local board considered four options for the development of a reserve management plan that would cover Rangihoua Reserve and Onetangi Sports Park (reserve and park).

3. This was in response to the Minister of Conservation’s request that Auckland Council comply with the requirement to prepare a reserve management plan for Onetangi Sports Park.

4. The local board resolved:

5. Staff recommend the local board does not progress option four, which requires a request to the Governing Body that they consider and approve the inclusion of the reserve and park in Whakanewha Regional Park and approve initiating a variation to the Regional Park Management Plan to give effect to the decision.

6. Incorporation of the reserve and park does not meet the criteria set out in the 2013 review of decision-making for local parks. Neither would it support the intent of the Waiheke pilot as part of the Governance Framework Review (2016), which seeks to enable greater local decision-making and autonomy for the Waiheke Local Board.

7. To achieve the direction and clarity for the reserve and park desired by the local board and comply with the Minister’s request, it is recommended that a standalone management plan is prepared for Rangihoua Reserve and Onetangi Sports Park. How this would be achieved is considered in the following report: Development of a park management plan for Rangihoua Reserve and Onetangi Sports Park.

Ngā tūtohunga / Recommendation

That the Waiheke Local Board:

a) do not progress option four, a request to the Governing Body that Rangihoua Reserve and Onetangi Sports Park are incorporated into Whakanewha Regional Park.

Horopaki / Context

8. The Minister of Conservation has set out an expectation that Auckland Council will comply with the requirement to prepare a reserve management plan for Onetangi Sports Park.

9. This follows the discontinuation of judicial review proceedings brought by the Hauraki Gulf Enhancement Society against Auckland Council and others, in relation to a lease to the Waiheke Golf Club over part of Onetangi Sports Park.

10. On 26 April 2018, the local board considered options for the development of a reserve management plan covering both Rangihoua Reserve and Onetangi Sports Park (the reserve and park).

11. Four options were presented:

· option one: develop a Rangihoua Reserve and Onetangi Sports Park management plan

· option two: include Rangihoua Reserve and Onetangi Sports Park in an open space management plan covering all local parks in the Waiheke Local Board area (omnibus plan)

· option three: concurrent development of the Rangihoua Reserve and Onetangi Sports Park management plan and the Waiheke omnibus management plan

· option four: consider incorporating Rangihoua Reserve and Onetangi Sports Park into Whakanewha Regional Park requiring a variation to the Regional Parks Management Plan.

12. This report responds to the resolution that staff further investigate and report on incorporation of the reserve and park into Whakanewha Regional Park and the mechanisms required to enable this.

Tātaritanga me ngā tohutohu / Analysis and advice

Viability of incorporating Rangihoua Reserve and Onetangi Sports Park into Whakanewha Regional Park

13. At the 14 June 2018, local board workshop, staff presented further information regarding the:

· incorporation of the reserve and park into Whakanewha Regional Park

· development of a standalone management plan for the reserve and park including options that would achieve independent decision-making during the development of the management plan.

14. Staff assessed the proposal to incorporate the reserve and park into Whakanewha Regional Park against the decision-making criteria outlined in the Local Government (Auckland Council) Act 2009, criteria used in the regional review of decision-making for local parks in 2013 and the Governance Framework Review (2016).

15. The incorporation of the reserve and park into the regional park is a governing body decision. It is recommended that the local board not pursue a request to the governing body for the reserve and park to be incorporated into Whakanewha Regional Park for the following reasons:

· regional parks are considered by the council to be parks which deliver Auckland-wide benefits (or are subject to a Treaty of Waitangi process)

· if a park is not identified as a regional park, it is a local park

· the approach in the above points reflects the principles in section 17(2) of the Local Government (Auckland Council) Act 2009

· in considering whether to incorporate the reserve and park into the neighbouring regional park, the governing body is likely to consider whether the reserve and park deliver Auckland-wide benefits (or conversely, whether its purpose and use is more local in nature) and whether it is consistent with the purpose and use of Whakanewha Regional Park

· the incorporation of the reserve and park into Whakanewha Regional Park would not deliver Auckland-wide benefits

· the impact of decision-making for the reserve and park is predominantly local and benefits the Waiheke community

· the decision-making for the reserve and park does not require alignment or integration with other decisions that are the responsibility of the Governing Body.

16. Incorporating the park and reserve removes decision-making from the local board and is therefore not aligned with the implementation of the Governance Framework Review - Waiheke Local Board pilot, which seeks to enable increased decision-making and autonomy for the local board.

17. It is recommended that option four is not progressed for the above reasons.

Te Rangihoua maunga and the establishment of the Rangihoua and Tāwaipareira management committee

18. At its November 2017 meeting, the Waiheke Local Board resolved to establish a Rangihoua and Tāwaipareira management committee and adopted the terms of reference for the committee. (Resolution Number WHK/2017/195).

19. The management committee will consist of three representatives of Ngāti Paoa and three Waiheke Local Board members.

20. As outlined in the terms of reference, the committee is delegated management of Te Rangihoua maunga and the surrounding Landscape Amenity (as defined in the terms of reference for the committee) and will be consulted on issues related to the management of surrounding areas where public consultation is required.

21. Te Rangihoua maunga is located within Rangihoua Reserve while the Landscape Amenity Area is located within both Rangihoua Reserve and Onetangi Sports Park. Therefore, the management committee would have an interest in any proposal for the reserve and park being transferred to the governing body.

22. The committee have yet to formally meet however staff have met with representatives of Ngāti Paoa whose views have been noted below.

23. Staff will also work with the Rangihoua and Tāwaipareira management committee once established to ensure the terms of reference for their governance are met.

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

24. Local board views have been provided through the April business meeting and 14 June workshop.

25. The local board seeks to provide the necessary direction and management over the reserve and park whilst providing certainty to the community and existing groups and users over permitted activities.

26. The local board has also expressed a strong desire to ensure decision-making over the development of the management plan is sound and has a level of independence given the historic interests and contention.

Tauākī whakaaweawe Māori / Māori impact statement

27. Mana whenua involvement in the development of a management plan covering the reserve and park is important to enable te ao Māori to be incorporated into the management of Waiheke’s local parks network.

28. The planning process is intended to provide an opportunity for mana whenua to participate and influence management of local parks. This supports their role as kaitiaki and enables a better understanding of and confidence in how local parks on Waiheke Island will be managed in the future.

29. Staff have engaged with mana whenua at the Parks, Sport and Recreation Mana Whenua Forum to introduce the proposed omnibus open space management plan approach for local parks. They were supportive of the omnibus approach.

30. Staff have met with representatives of Ngāti Paoa to discuss whether Rangihoua Reserve and Onetangi Sports Park decision-making should be reallocated to the governing body as part of Whakanewha Regional Park.

31. Ngāti Paoa supports a management plan being progressed under the jurisdiction of the local board.