|
Hibiscus and
Bays Local Board
17 April 2019
|
|
ITEM TABLE OF
CONTENTS PAGE
23 Department
of Conservation Proposal to Revoke Reserves Act 1977 Delegations 5
|
Hibiscus and Bays
Local Board
17 April 2019
|
|
Department
of Conservation Proposal to Revoke Reserves Act 1977 Delegations
File No.: CP2019/05584
Te take mō te
pūrongo
Purpose of the report
1. To
provide the Hibiscus and Bays Local Board with an opportunity to formally
resolve its feedback to the proposal by the Department of Conservation to
revoke powers delegated to territorial authorities by the Minister of
Conservation under the Reserves Act 1977.
Whakarāpopototanga matua
Executive summary
2. The
Department of Conservation has written to all territorial authorities (refer
Attachment A to the agenda report) advising that due to a recent Court
of Appeal decision (Opua Coastal Preservation Inc v Far North District
Council [2018] NZCA 262) that the current Minister of Conservation, Hon
Eugenie Sage, is considering revoking powers delegated to territorial
authorities by the former Minister, Hon Dr Nick Smith in 2013 (refer
Attachment B to the agenda report).
3. The
reason provided for the majority of the proposed revocation is that under the
current delegation, council makes its decision as the territorial authority and
then reviews that decision under ministerial delegation. This is viewed as
potentially putting council in a conflict of interest situation, as it is
effectively reviewing its own decision(s).
4. This
proposal has been reviewed by staff and a short assessment presentation has
been prepared (refer Attachment C to the agenda report). A briefing was
provided for local board members on Monday 8 April 2019 on the proposal. A
draft submission will be prepared for feedback and circulated based on feedback
and input from council departments and local boards. This draft will be
circulated to members of the Environment and Community Committee and local
board members for review and comment on 15 April 2019. This draft submission
was not available at time of agenda production and will be tabled at the board
meeting. The preparation of the draft will be followed by two drop-in sessions
for elected members to provide in-person feedback.
5. A
final draft submission will be prepared for the Chairperson of the Environment
and Community Committee approval prior to the due date of 26 April 2019. This
draft response will need to be retrospectively adopted by the Environment and
Community Committee on 14 May 2019.
6. Local
board feedback must be prepared by close of business on 18 April 2019. This
will allow the feedback to inform Auckland Council’s submission and to be
attached to the Auckland Council submission, which will be lodged on behalf of
the Environment and Community Committee.
|
Ngā tūtohunga
Recommendation/s
That the Hibiscus and Bays
Local Board:
a) provide
its feedback on the Department of Conservation proposal to revoke current
ministerial delegations to Auckland Council under the Reserves Act 1977.
|
Ngā tāpirihanga
Attachments
|
No.
|
Title
|
Page
|
|
a⇩ 
|
Letter and attachment from Department of Conservation
to Chief Executive's territorial authorities
|
7
|
|
b⇩
|
Reserves Act powers delegated to Auckland Council
|
9
|
|
c⇩ 
|
Department of Conservation proposal to revoke Reserves
Act delegations presentation to Elected Members
|
17
|
Ngā kaihaina
Signatories
|
Author
|
Jonathan Hope - Local Board Advisor - Rodney
|
|
Authoriser
|
Lesley Jenkins - Relationship Manager
|
