Agenda of Rodney Local Board Parks and Recreation Committee

At the close of the agenda no apologies had been received.

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 21 March 2019, 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 7.7 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.

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

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.”

Rodney Local Board Parks and Recreation Committee

16 May 2019

Variation of the community lease to Warkworth Bridge Club Incorporated to waive annual subsidised operational maintenance fee

File No.: CP2019/07082

Te take mō te pūrongo

Purpose of the report

1. To vary the community lease to Warkworth Bridge Club Incorporated for the former Warkworth Library building at 2 Alnwick Street, Warkworth to waive the annual subsidised operational maintenance fee.

Whakarāpopototanga matua

Executive summary

2. In September 2017 the Warkworth Bridge Club Incorporated entered into a new community lease with Auckland Council for the council-owned former Warkworth Library building at 2 Alnwick Street, Warkworth.

3. The general terms and conditions of the community lease agreement are in accordance with the Auckland Council Community Occupancy Guidelines 2012 including:

· rent in the amount of $1.00 plus GST per annum (if demanded)

· subsidised maintenance fee in the amount of $500.00 plus GST per annum.

4. The Warkworth Bridge Club Incorporated, on signing and sealing a new community lease agreement, undertook significant upgrades to the council-owned building at its own cost in the amount of $160,095.00.

5. In addition to the works to upgrade the council-owned building, the Warkworth Bridge Club Incorporated was required to undertake remedial works in the amount of $12,393.43. The remedial works included:

· fixing/replacing rotting barge boards, rotting windows,

· painting of windows and barge boards and

· fixing of holes in the back wall and painting of the whole outside the building including window frames in keeping with the adjacent town hall building

· a fire report to ensure safety compliance for all users of the building

· making the building accessible to all including a ramp for people experiencing physical impairments.

6. The Warkworth Bridge Club Incorporated has formally requested that council waive the annual subsidised maintenance fee of $500.00 plus GST per annum against the club’s expenditure on the required remedial works to the council-owned building as detailed in the table below:

Item	Total
Cost of required remedial works to the council-owned building	$12,393.43
Annual subsidised maintenance fee @ $500.00 plus GST per annum x 20 years (entire tenure of community lease term)	$11,500.00

7. This report recommends that the Rodney Local Board, Parks and Recreation Committee approve a variation to the community lease to Warkworth Bridge Club Incorporated to waive the annual subsidised operational maintenance fee for the full term of the lease.

Ngā tūtohunga

Recommendation/s

That the Rodney Local Board Parks and Recreation Committee:

a) approve a variation to the community lease agreement to Warkworth Bridge Club Incorporated for the former Warkworth Library building at 2 Anwick Street, Warkworth dated 5 September 2017 to:

i) waive the annual subsidised operational maintenance fee in the amount of $500.00 plus GST for the full term of the lease including any rights of renewal.

ii) record that Warkworth Bridge Club Incorporated will be responsible for maintaining the (non-structural) elements of the works it undertook to the building in 2018 as detailed in the landlord consent granted 21 November 2017.

Horopaki

Context

8. This report considers the leasing issues with respect to Warkworth Bridge Club Incorporated’s occupation of the former Warkworth Library building.

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.

Tātaritanga me ngā tohutohu

Analysis and advice

The community lease

10. At its business meeting of 20 July 2017, the Rodney Local Board Transport, Environment and Infrastructure Committee granted the Warkworth Bridge Club Incorporated (the club) a new community lease for the council-owned building (RODTP/2017/22). The community lease provides for an initial term of 10 years and two rights of renewal for five years each.

11. The community lease agreement contains an early termination clause to have effect after the expiry of the initial term of 10 years to provide for any future development relating to the adjacent Warkworth Town Hall or any identified social or recreational need of the wider community.

Annual subsidised operational maintenance fee

12. In accordance with the Auckland Council Community Occupancy Guidelines 2012, groups with exclusive use of a council-owned building pay the following:

· Rent - $1.00 plus GST per annum if demanded

· An annual subsidised operational fee calculated on the size of the building (in this instance $500.00 plus GST).

13. Maintenance fees comprise the following:

Building insurance.

Compliance costs associated with:

· Building Warrant of Fitness

· Health and Safety in Employment Act

· Fire and egress codes (including signage).

Maintenance provided by council as outlined in the terms of the occupancy agreement.

Works undertaken by the club to the council-owned building in the amount of $160,095.00

14. In 2018, the club invested its own money to undertake extensive improvements of the council-owned building as follows:

· external painting to complement the recently refurbished adjacent Town Hall

· internal painting

· installation of a new kitchen

· upgrading of the toilets including providing accessibility for disabled people

· new carpet

· installation of heating/cooling/ventilation units

· internal wall alterations (a more user-friendly open plan layout).

15. The club has provided a summary of its costs for the renovations and a set of images taken during its works (Attachments A and B to the agenda report, respectively).

16. The works to improve the council-owned building triggered the necessary remedial works in the amount of $12,393.43.

17. The club now wishes to paint the roof of the council-owned building at its own cost and has provided a quotation (Attachment C to the agenda report). Council staff will liaise with the appropriate community facilities staff and prepare a memorandum for the Rodney Local Board, Parks and Recreation Committee seeking landlord consent (with appropriate conditions) for the works.

Warkworth Bridge Club Incorporated

18. The club has been in existence for nearly 50 years and has occupied the former Warkworth Library building under various occupancy agreements with the legacy Rodney District Council for the past 23 years.

19. The club was incorporated under the Incorporated Societies Act 1908 on 10 August 1990. It currently has 132 members and is part of the New Zealand Contract Bridge Association.

Warkworth Community Clubrooms

20. The club encourages local community groups to utilise its “Warkworth Community Clubrooms”. The current hire charge is very affordably priced at $7.50 per hour. A snapshot of the weekly hire arrangement detailed in Attachment D to the agenda report shows that in addition to the club, 10 other community groups regularly hire the space for a range of activities including Warkworth Wellsford Budget Service and Plunket.

Ngā whakaaweawe me ngā tirohanga a te rōpū Kaunihera

Council group impacts and views

21. Staff from council’s community empowerment unit support the proposal to vary the community lease to the club to waive the annual subsidised maintenance fee for the full term of the lease.

Ngā whakaaweawe ā-rohe me ngā tirohanga a te poari ā-rohe

Local impacts and local board views

22. At its workshop of 8 November 2018 the Rodney Local Board Parks and Recreation Committee was presented with a memorandum and discussed the matter at which time no specific issues were raised.

Tauākī whakaaweawe Māori

Māori impact statement

23. There are no changes in use or operational activities being conducted on the land. As such, council staff considered that neither mana whenua nor mataawaka would be impacted by the proposal and as such, did not undertake engagement.

Ngā ritenga ā-pūtea

Financial implications

24. If the Rodney Local Board Parks and Recreation Committee approve the variation to the community lease to waive the annual subsidised maintenance fee for the full term of the lease period, this will create a deficit in the Community Facilities maintenance budget in the amount of $11,500.00 over a 20-year period.

Ngā raru tūpono me ngā whakamaurutanga

Risks and mitigations

25. Should the Rodney Local Board Parks and Recreation Committee resolve not to approve the variation of the community lease agreement to the club to waive the annual subsidised operational fee and record the club’s responsibility to maintain the elements of its works, this may:

· be considered as a lack of good faith as the club requested the waiver of the annual subsidised maintenance fee of $500.00 plus GST per annum against its expenditure on the required remedial works to the council-owned building that became apparent on commencing the extensive upgrade works

· increase council’s responsibilities in terms of maintaining the elements of the club’s works to improve the building.

Ngā koringa ā-muri

Next steps

26. Should the Rodney Local Board Parks and Recreation Committee approve the variation to the community lease to waive the annual subsidised maintenance fee for the full term of the lease period, council staff will draft a deed of variation to the community lease agreement for signing and sealing by the club.

Ngā tāpirihanga

Attachments

No.	Title	Page
a ⇩	Quote from Vision Painters	13
b ⇩	Images showing extent of building renovations and completed works	15
c ⇩	Schedule dated 16 April 2019 showing weekly utilisation of the 'Warkworth Community Rooms'	17
d ⇩	Warkworth Bridge Club summary of costs for renovation of building	19

Ngā kaihaina

Signatories

Author

Karen Walby - Community Lease Advisor

Authorisers

Rod Sheridan - General Manager Community Facilities

Jonathan Hope – Acting Relationship Manager

Rodney Local Board Parks and Recreation Committee

16 May 2019

Grant of a new community lease to Omaha Tennis Club Incorporated for land at 15 North West Anchorage, Omaha

File No.: CP2019/07108

Te take mō te pūrongo

Purpose of the report

1. To grant a new community lease to Omaha Tennis Club Incorporated for the land it occupies at North West Anchorage, Omaha.

Whakarāpopototanga matua

Executive summary

2. In 1996, the Omaha Tennis Club Incorporated entered into a community lease with the former Rodney District Council. Although the term of the lease has expired, it continues on a month-by-month basis on its original terms and conditions.

3. The Omaha Tennis Club Incorporated formally applied to council for a new community lease for portions of the following two land parcels it occupies at North West Anchorage as follows:

· Section 1 SO 524772 (subject to the requirements of the Reserves Act 1977)

· Lot 680 DP 142129 (subject to the requirements of the Local Government Act 2002).

4. At its business meeting of 13 December 2018, the Rodney Local Board approved the public notification and engagement with iwi about Auckland Council’s intention to grant a new community lease to the Omaha Tennis Club Incorporated (resolution number RD/2018/163).

5. Council staff publicly notified and engaged with iwi on Auckland Council’s intention to grant the proposed new community lease. During engagement with mana whenua, Ngāti Manuhiri requested that council staff re-engage with it at the lease renewal to provide it with an opportunity to review. This request has been included in the recommendations. All statutory requirements have now been satisfied.

6. This report recommends that the Rodney Local Board Parks and Recreation Committee grant a new community lease to the Omaha Tennis Club Incorporated. The proposed terms and conditions would be in accordance with the Auckland Council Community Occupancy Guidelines 2012.

Ngā tūtohunga

Recommendation/s

That the Rodney Local Board Parks and Recreation Committee:

a) grant Omaha Tennis Club Incorporated a new community lease issued under; the Reserves Act 1977 for a portion of Section 1 SO 524772 and the Local Government Act 2002 for a portion of Lot 680 DP 142129 comprising a total lease area of 1819m² more or less at 15 North West Anchorage, Omaha (Attachment A to the agenda report) subject to the following terms and conditions:

i) term – 10 years commencing 1 June 2019 with one 10 year right of renewal

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

iii) the approved Omaha Tennis Club Incorporated Community Outcomes Plan will be attached to the new lease document

iv) all other terms and conditions will be in accordance with the Auckland Council Community Occupancy Guidelines 2012.

b) approve the Omaha Tennis Club Incorporated Community Outcomes Plan (Attachment B to the agenda report).

c) note that council staff will engage with Ngāti Manuhiri at lease renewal to provide it with an opportunity to review.

Horopaki

Context

7. This report considers the leasing issues with respect to the Omaha Tennis Club Incorporated’s occupation of portions of two parcels of land at Omaha.

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

Tātaritanga me ngā tohutohu

Analysis and advice

Land, area occupied and existing community lease

9. The Omaha Tennis Club Incorporated (the club) occupies land located at North West Anchorage, Omaha. The land is held in fee simple by Auckland Council (Attachment C to the agenda report). The club’s improvements straddle portions of two land parcels as follows:

· Section 1 SO 524772 (subject to the requirements of the Reserves Act 1977)

· Lot 680 DP 142129 (subject to the requirements of the Local Government Act 2002).

10. In 1996, the Omaha Beach Bowling Club Incorporated entered into a community lease with the former Rodney District Council. The lease commenced on 1 February 1996 and provided for one term of 19 years effecting final expiry 31 January 2015. The existing lease has continued to hold over on a month-by-month basis on its original terms and conditions.

Public notification and iwi engagement

11. In accordance with section 54(2) of the Reserves Act 1977, Auckland Council publicly notified the proposed new community lease to the club over the portion of land legally described as Section 1 SO 524772. The public notification process is governed by section 119 of the Reserves Act. Additionally, in accordance with section 4 of the Conservation Act 1987 which over-arches the Reserves Act, Auckland Council engaged with mana whenua identified as having an interest in land in the Rodney Local Board area about the proposals.

12. In accordance with section 138 of the Local Government Act 2002 any lease or licence for a term in excess of six months must be publicly notified. This applied to the club’s application for a new community lease over the portion of land legally described as Lot 680 DP 142129. Similarly, engagement with mana whenua identified as having an interest in land in the Rodney Local Board area was required under section 81 of the Act.

13. To meet the statutory requirements, public notices were placed in the Rodney Times on 19 February 2019 and the Mahurangi Matters on 27 February 2019. The proposal was also advertised on the Auckland Council website. Submitters were allowed one calendar month to make submissions or objections to the proposal. During this period, one submission supporting the lease proposal was received (Attachment D).

The club

14. The Omaha Tennis Club Incorporated was incorporated under the Incorporated Societies Act 1908 on 5 April 1993.

15. The club’s current membership comprises 60 families and its fees are $80.00 per annum, per family.

16. The club’s improvements comprise three tennis courts and associated fencing which are well maintained and managed.

17. Council staff has worked alongside the club to draft, negotiate and agree on a community outcomes plan. Should the Rodney Local Board Parks and Recreation Committee grant a new community lease and approve the plan, it will be appended as a schedule to the lease agreement.

Ngā whakaaweawe me ngā tirohanga a te rōpū Kaunihera

Council group impacts and views

18. Council staff sought feedback from relevant departments about the proposed new community lease, which is detailed in the table below:

Title, team and department

Feedback

Principal Policy Analyst, Parks and Recreation Policy, Community and Social Policy.

The Auckland Unitary Plan zoning for residential housing in Omaha is single house zone. It is therefore classified as low to medium density housing.

The Open Space Provision Policy identifies that there should be a neighbourhood park within a 600 metre walk of low to medium density residential housing. This provision target is still achieved without Omaha Reserve not available for informal recreational purposes.

It is therefore recommended from a Parks Policy assessment that these community leases should be granted.

Sport and Recreation Lead, Parks, Sports and Recreation, Active Recreation.

No knowledge of any competing sport and recreation purposes, so the leases are acceptable.

Ngā whakaaweawe ā-rohe me ngā tirohanga a te poari ā-rohe

Local impacts and local board views

19. At its business meeting of 19 July 2018, the Rodney Local Board resolved to approve the 2018/2019 community leasing work programme (resolution number RD/2018/86). This project is included in the work programme.

20. At its business meeting of 13 December 2018, the Rodney Local Board approved the public notification and engagement with iwi about Auckland Council’s intention to grant a new community lease to the club (resolution number RD/2018/163).

21. 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

22. During February 2019, engagement about the proposed new community lease was undertaken with mana whenua identified as having an interest in land in the Rodney Local Board area.

23. Engagement involved 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.

24. Council staff received responses from; Te Runanga o Ngāti Whātua, Ngāti Whātua o Kaipara and Ngai Tai Ki Tamaki who all deferred their interests to Ngāti Manuhiri.

25. Ngāti Manuhiri provided feedback as follows: “While Ngāti Manuhiri support the proposals at this time, they are for very long periods and we would like to be engaged at renewal time to review before leases are automatically re-issued.” Council staff have included this request in the recommendations section of this report.

Ngā ritenga ā-pūtea

Financial implications

26. The costs associated with public notification and engagement with iwi about council’s intention to grant a new community lease was approximately $550.00. This cost was borne by the Community Facilities Department.

Ngā raru tūpono me ngā whakamaurutanga

Risks and mitigations

27. Should the Rodney Local Board Parks and Recreation Committee resolve not to grant a new community lease to the club, this decision may:

· affect the club’s ability to continue to provide its activities

· affect the club’s ability to leverage funding to ensure its financial sustainability as required to meet its ongoing asset management plans

· increase Auckland Council’s maintenance responsibilities in having to maintain the area currently leased to the club.

Ngā koringa ā-muri

Next steps

28. Subject to the Rodney Local Board Parks and Recreation Committee granting a new community lease, council staff will work with the club to finalise the necessary documentation.

Ngā tāpirihanga

Attachments

No.	Title	Page
a ⇩	GIS aerial view showing lease area	27
b ⇩	Omaha Tennis Club Incorporated Community Outcomes Plan	29
c ⇩	GIS aerial view of the club's courts at North West Anchorage which straddle two separate land parcels subject to the provisions of two separate statutes	31
d ⇩	Written submission in support of the grant of a new community lease to the club	33

Ngā kaihaina

Signatories

Author

Karen Walby - Community Lease Advisor

Authorisers

Rod Sheridan - General Manager Community Facilities

Jonathan Hope - Acting Relationship Manager

Rodney Local Board Parks and Recreation Committee

16 May 2019

New community lease to Omaha Beach Community Incorporated with provision for a management agreement to Omaha Beach Golf Club Incorporated for the council-owned community building at 15 North West Anchorage, Omaha

File No.: CP2019/07204

Te take mō te pūrongo

Purpose of the report

1. To grant a new community lease to Omaha Beach Community Incorporated for the council-owned community building with provision for a management agreement to Omaha Golf Club Incorporated at 15 North West Anchorage, Omaha.

Whakarāpopototanga matua

Executive summary

2. In 1999, the Omaha Beach Community Incorporated entered into a community lease with the former Rodney District Council for the council-owned community building at 15 North West Anchorage, Omaha. The community lease agreement provided for a management agreement with Omaha Beach Golf Club relating to the golf club’s occupation and use of areas within the community building.

3. The term of the lease has expired and it continues on a month-to-month basis on its original terms and conditions. Omaha Beach Community formally applied to council for a new community lease for the council-owned community building with provision for a management agreement to Omaha Golf Club Incorporated.

4. At its business meeting of 13 December 2018, the Rodney Local Board approved the public notification and engagement with iwi for Auckland Council’s intention to grant a new community lease to Omaha Beach Community with provision for a management agreement with the golf club.

5. Council staff publicly notified and engaged with iwi on Auckland Council’s intention to grant the proposed new community lease and management agreement. During engagement with mana whenua, Ngāti Manuhiri requested that council staff re-engage with it at the lease renewal to provide it with an opportunity to review. This request has been included in the recommendations. All statutory requirements have now been satisfied.

6. This report recommends that the Rodney Local Board, Parks and Recreation Committee grant a new community lease to Omaha Beach Community Incorporated for the council-owned community building with provision for a management agreement to Omaha Golf Club Incorporated at 15 North West Anchorage, Omaha.

Ngā tūtohunga

Recommendation/s

That the Rodney Local Board Parks and Recreation Committee:

a) grant Omaha Beach Community Incorporated a new community lease for the council-owned community building, associated water tanks and connections on 905.8m² more or less of land legally described as Lot 680 DP 142129 at 15 North West Anchorage, Omaha (Attachment A to the agenda report) subject to the following terms and conditions:

i) term – 10 years commencing from 1 June 2019 with two 10 year rights of renewal

ii) provision for a management agreement with the Omaha Beach Golf Club Incorporated relating to the golf club’s occupation and use of areas within the community building (terms and conditions of same to be mutually agreed by both parties)

iii) permitted use – recreation and community centre, golf clubhouse and ancillary uses

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

v) annual subsidised maintenance fee - $1,000.00 plus GST per annum

vi) maintenance requirements and separate maintenance account in accordance with existing lease agreement (Attachment B to the agenda report)

vii) the Omaha Beach Community Incorporated Community Outcomes Plan will be attached as a schedule to the lease agreement.

b) approve the Omaha Beach Community Incorporated Community Outcomes Plan (Attachment C to the agenda report).

c) note that council staff will engage with Ngāti Manuhiri at lease renewals to provide it with an opportunity to review.

Horopaki

Context

7. This report considers the leasing issues with respect to the Omaha Beach Community occupation and Omaha Golf Club’s occupation of the council-owned community building at Omaha.

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

Tātaritanga me ngā tohutohu

Analysis and advice

Land

9. Omaha Beach Community occupies the council-owned building located at 15 North West Anchorage, Omaha. Auckland Council maintains the toilets in the building which are open to the public. The underlying land is legally described as Lot 680 DP 142129 and held in fee simple by Auckland Council under the Local Government Act 2002.

Building

10. In December 2017 council staff undertook a condition survey of the council-owned building occupied by Omaha Beach Community. In September 2018, Omaha Beach Community commissioned Hampton Jones to undertake a condition survey of the building. Both reports identified waterproofing, guttering and roof works were required.

11. The maintenance responsibilities outlined in the terms and conditions of the existing lease to the Omaha Beach Community require it to waterproof the structure and re-apply external protective coatings. However, as the materials comprising the building structure that affect weather tightness are at the end of their life, structural renewals are now required to ensure the building is fit-for-purpose.

12. Council staff have prepared a budget line relating to the cost for the required structural renewal works in the Community Facilities 2019/2020 financial year work programme.

Existing community lease

13. In 1999, The Omaha Beach Ratepayers and Residents Association Incorporated now the Omaha Beach Community Incorporated) entered into a community lease with the former Rodney District Council. The community lease agreement provided for a management agreement with Omaha Beach Golf Club relating to the golf club’s occupation and use of areas within the community building.

14. The lease commenced on 1 April 1999 and provided for one term of 19 years effecting final expiry 31 January 2015. The existing community lease has continued to hold over on a month-to-month basis on its original terms and conditions.

15. The existing lease contains a preamble to the effect that the original development on the leased area was funded by the Rodney District Council using funds derived from the Omaha community and accordingly there was an overriding requirement for the facility to be managed in the best interests of the Omaha community to ensure an appropriate level of community access, sound financial administration and careful management of the building asset.

Rationale for variation to the standard terms and conditions recommended for community leases in the Auckland Council Community Occupancy Guidelines 2012

16. The recommended term of a community lease in accordance with the Auckland Council Community Occupancy Guidelines 2012 for a council-owned building is one term of five years with one right of renewal for five years.

17. Although the guidelines standard terms and conditions inform the basis of staff recommendations, the guidelines provide that local boards may, at their discretion, choose to vary from these recommendations on a case-by-case basis.

18. The guidelines set out standard fees and charges for rent, outgoings and maintenance. For council-owned buildings, this is typically a peppercorn rental at $1.00 per annum if demanded and an annual subsidised maintenance fee calculated on the size of the building.

19. The guidelines provide that if a community group generates significant revenue over expenditure, the relevant local board may choose to charge a percentage rental at rent review, unless lessees can provide evidence of:

· Planned building upgrade, development or maintenance

· Planned programmes, services or activities.

20. The Omaha Beach Community accommodates the golf club which, through its activities (e.g. operates a golf pro-shop) generates nominal commercial revenue. To align with the above-noted provision in the guidelines, council staff recommend that the terms and conditions of the proposed new community lease to Omaha Beach Community include additional maintenance requirements to those included in a standard community lease agreement. Further, the requirements will reflect those from Omaha Beach Community’s existing community lease.

Public notification and iwi engagement

21. In accordance with section 138 of the Local Government Act 2002 any lease or licence for a term in excess of six months must be publicly notified. This applied to the club’s application for a new community lease for the council-owned building over a portion of land legally described as Lot 680 DP 142129. Similarly, engagement with mana whenua identified as having an interest in land in the Rodney Local Board area was required under section 81 of the Act.

22. To meet the statutory requirements, public notices were placed in the Rodney Times on 19 February 2019 and the Mahurangi Matters on 27 February 2019. In the advertisement published in the Rodney Times 19 February 2019, the paragraph containing the specified term of tenure relating to Omaha Beach Golf Club Incorporated and Omaha Beach Community Incorporated (an initial term of 10 years with two rights of renewal for 10 years) was omitted. A revised and corrected public notice was published in the Rodney Times on 7 March 2019. A copy of the public notices is shown as Attachment D.

23. The proposal was also advertised on the Auckland Council website. In accordance with the relevant statute, submitters are allowed one calendar month from the date of publication to make submissions or objections to the proposal. As there was a mistake made in the initial advertisement regarding the term of tenure, submitters had from 19 February 2019 until 5.00pm on 4 April 2019 to make a submission or objection to the proposal.

24. During the submission period, council staff received 309 submissions supporting the community lease proposal. The methodology used for seeking feedback on the proposed new community lease was by way of an online Survey Monkey questionnaire (Attachment E to the agenda report). The names of the submitters are listed in Attachment F to the agenda report.

Omaha Beach Community Incorporated

25. The Omaha Beach Ratepayers and Residents Association Incorporated was duly incorporated under the Incorporated Societies Act 1908 on 24 February 1975 and changed its name to Omaha Beach Community Incorporated on 20 October 2005. Contained within the Omaha Beach Community Constitution is the following object:

· To promote and safeguard the interests of property owners of Omaha Beach.

26. Omaha Beach Community began its existence in the early 1970s when sections, a causeway and bridge were developed and constructed. A nine hole golf course was proposed, as were tennis courts. At its inception, the community would gather on a Friday night, during which its first project was proposed and undertaken being the planting of trees on what was otherwise a barren and windswept subdivision.

27. The Omaha Beach Community met in Point Wells Hall until such time that the Omaha Community Centre was built. Omaha Beach Community is highly organised and effective at both representing its members and undertaking significant projects including:

· The groynes

· Omaha shorebirds

· Taniko walkway

· Set netting

· North West bank regeneration.

28. Omaha Beach Community has submitted documentation which shows that it is well managed and able to meet its financial obligations.

29. Council staff have worked alongside Omaha Beach Community to draft, negotiate and agree on a community outcomes plan. Should the Rodney Local Board, Parks and Recreation Committee grant a new community lease and approve the plan, it will be appended as a schedule to the new community lease agreement.

Ngā whakaaweawe me ngā tirohanga a te rōpū Kaunihera

Council group impacts and views

30. Council staff sought feedback from relevant departments about the proposed new community lease, which is detailed in the table below:

Title, team and department

Feedback

Principal Policy Analyst, Parks and Recreation Policy, Community and Social Policy.

The Auckland Unitary Plan zoning for residential housing in Omaha is single house zone. It is therefore classified as low to medium density housing.

Sport and Recreation Lead, Parks, Sports and Recreation, Active Recreation.

No knowledge of any competing sport and recreation purposes, so the leases are acceptable.

Ngā whakaaweawe ā-rohe me ngā tirohanga a te poari ā-rohe

Local impacts and local board views

31. At its workshop of 9 November 2017, the Rodney Local Board, Transport, Infrastructure and Environment Committee was presented with and discussed a memorandum by council staff about the community lease proposal. No specific concerns were raised at this time.

32. At its business meeting of 19 July 2018, the Rodney Local Board resolved to approve the 2018/2019 community leasing work programme (resolution number RD/2018/86). This project is included in the work programme.

33. At its business meeting of 13 December 2018, the Rodney Local Board approved the public notification and engagement with iwi about Auckland Council’s intention to grant a new community lease (resolution number RD/2018/165).

34. 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

35. During February 2019, engagement about the proposed new community lease was undertaken with mana whenua identified as having an interest in land in the Rodney Local Board area.

36. Engagement involved 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.

37. Council staff received responses from; Te Runanga o Ngāti Whātua, Ngāti Whātua o Kaipara and Ngai Tai Ki Tamaki who all deferred their interests to Ngāti Manuhiri.

38. Feedback from Ngāti Manuhiri about the proposals and subsequent action by council staff is detailed in the table below:

Ngāti Manuhiri	Action
“While Ngāti Manuhiri support the proposals at this time, they are for very long periods and we would like to be engaged at renewal time to review before leases are automatically re-issued.”	This request has been included in the recommendations relating to the terms and conditions of the new community lease.
“The Community Outcomes Plan should include access for non-club members (perhaps those who can't afford the fees), through open days, or ‘have a go day’s and/or through working with schools. Do these groups have those types of initiatives in their plans?”	The Omaha Beach Community building doubles as the Omaha Beach golf clubrooms. As such, council staff have set a specific target in the golf club’s community outcomes plan to be appended to its lease agreement to ensure that the club holds an annual “have a go day”.

Ngā ritenga ā-pūtea

Financial implications

39. The costs associated with public notification and engagement with iwi about council’s intention to grant a new community lease with provision for a management agreement was approximately $550.00. This cost was borne by the Community Facilities Department.

Ngā raru tūpono me ngā whakamaurutanga

Risks and mitigations

40. Should the Rodney Local Board resolve not to grant a new community lease with provision for a management agreement to the golf club, this decision may:

· affect the Omaha Beach Community’s ability to undertake its core activities and as such, may have a trickle-down effect on the core activities of the Omaha Beach Golf Club Incorporated with whom the Omaha Beach Community has an intrinsic partnership for the occupation and use of portions of its community building

· affect the Omaha Beach Community’s ability to leverage funding to ensure its financial sustainability as required to meet its ongoing asset management plans

· increase Auckland Council’s maintenance and renewal responsibilities in having to maintain areas currently maintained by the Omaha Beach Community under its lease.

Ngā koringa ā-muri

Next steps

41. Subject to the Rodney Local Board, Parks and Recreation Committee granting a new community lease with provision for a management agreement, council staff will work with the Omaha Beach Community to formalise the necessary documentation.

Ngā tāpirihanga

Attachments

No.	Title	Page
a ⇩	GIS aerial view showing area of community lease outlined in red	43
b ⇩	Additional maintenance requirements	45
c ⇩	Omaha Beach Community Incorporated Community Outcomes Plan	47
d ⇩	Public notices	49
e ⇩	Survey Monkey Questionnaire	51
f ⇩	Submitter's details	55

Ngā kaihaina

Signatories

Author

Karen Walby - Community Lease Advisor

Authorisers

Rod Sheridan - General Manager Community Facilities

Jonathan Hope - Acting Relationship Manager

Rodney Local Board Parks and Recreation Committee

16 May 2019

New community lease and non-exclusive licence to occupy to Omaha Beach Golf Club Incorporated for land at Omaha

File No.: CP2019/07211

Te take mō te pūrongo

Purpose of the report

1. To grant a new community lease and non-exclusive licence to occupy to Omaha Beach Golf Club Incorporated for the land it occupies at Omaha.

Whakarāpopototanga matua

Executive summary

2. In 2003, Omaha Beach Golf Club Incorporated entered into its current community lease with the former Rodney District Council for land at Omaha, held in fee simple by Auckland Council under the Local Government Act 2002 and legally described as Lot 1 DP 167651 and Lot 906 DP 206443. The lease commenced 1 July 2002, expired 30 November 2007 and provided for one right of renewal for 14 years effecting final expiry 30 November 2021.

3. The club has formally requested a new community lease for an initial term of 10 years with two rights of renewal for 10 years each to run concurrently with any new community lease to the Omaha Beach Community Incorporated. Subject to obtaining any new community lease, the club will contemporaneously surrender its current lease.

4. In addition to the current lease area, the club occupies the whole or portions of other parcels of land adjacent to its lease area which are all held in fee simple by Auckland Council. The club has included these parcels in its application for a new lease. The parcels are detailed in the table below:

Land	Classification (if any) and statute land subject to
Lot 1 DP 147396	Local purpose (utility) reserve, subject to the provisions of the Reserves Act 1977
Section 1 SO 524772	Recreation reserve, subject to the provisions of the Reserves Act 1977
Lot 680 DP 142129 and Lot 1 DP 166169	Subject to the provisions of the Local Government Act 2002

5. With regard to the club’s occupation of and request for a new community lease to include the local purpose utility reserve at 31 Omaha Drive, Lot 1 DP 147396, council’s legal team recommend a non-exclusive licence to occupy. This type of occupancy agreement would enable council to access the land when and if necessary.

6. At its business meeting of 13 December 2018, the Rodney Local Board approved the public notification and engagement with iwi for Auckland Council’s intention to grant a new community lease and a non-exclusive licence to occupy to the club.

7. Council staff publicly notified and engaged with iwi on Auckland Council’s intention to grant the proposed new community lease and non-exclusive licence to occupy. During engagement with mana whenua, Ngāti Manuhiri requested that council staff re-engage with it at the lease renewal to provide it with an opportunity to review. This request has been included in the recommendations. All statutory requirements have now been satisfied.

8. This report recommends that the Rodney Local Board, Parks and Recreation Committee grant a new community lease and non-exclusive licence to occupy to the club for its area occupied at Omaha.

Ngā tūtohunga

Recommendation/s

That the Rodney Local Board Parks and Recreation Committee:

a) grant Omaha Beach Golf Club Incorporated a new community lease issued under; the Reserves Act 1977 for a portion of Section 1 SO 524772 and the Local Government Act 2002 for Lot 906 DP 206443 at Mangatawhiri Road, Lot 1 DP 167651 at Omaha Drive, and portions of Lot 680 DP 142129 and Lot 1 DP 166169 at North West Anchorage, Omaha comprising a total lease area of 491,447m² more or less (Attachment A to the agenda report) subject to the following terms and conditions:

i) term – 10 years commencing 1 June 2019 with two 10 year rights of renewal

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

iii) the approved Omaha Beach Golf Club Incorporated Community Outcomes Plan will be attached to the new lease document

iv) water permit, solar engine irrigation system (SEIS) irrigation and stormwater disposal conditions in the current community lease agreement will be included in the new lease agreement

v) all other terms and conditions will be in accordance with the Auckland Council Community Occupancy Guidelines 2012.

b) grant Omaha Beach Golf Club Incorporated a new community non-exclusive licence to occupy issued under the Reserves Act 1977 for Lot 1 DP147396 at 31 Omaha Drive, Omaha (Attachment B to the agenda report) subject to the following terms and conditions:

i) term – 10 years commencing 1 June 2019 with two 10 year rights of renewal

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

iii) all other terms will be in accordance with the Auckland Council Community Occupancy Guidelines 2012.

c) approve the Omaha Beach Golf Club Incorporated Community Outcomes Plan (Attachment C to the agenda report).

d) approve the contemporaneous surrender of the existing lease agreement dated 10 January 2003 and subsequent renewal dated 19 February 2008 between the former Rodney District Council and Omaha Beach Golf Club Incorporated, effective on 31 May 2019.

e) note that council staff will engage with Ngāti Manuhiri at lease and non-exclusive licence to occupy renewals to provide it with an opportunity to review.

Horopaki

Context

9. This report considers the leasing and licensing issues with respect to the club’s occupation of land at Omaha.

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

Tātaritanga me ngā tohutohu

Analysis and advice

Land, area occupied, existing community lease, proposed new community lease and non-exclusive licence to occupy

11. The club occupies land comprising six separate land parcels located at Mangatawhiri Road, Omaha Drive and North West Anchorage, Omaha. All of the land occupied is held in fee simple by Auckland Council.

Land	Location	Classification (if any) and statute land subject to
Lot 906 DP 206443	Mangatawhiri Road, Omaha	Subject to the provisions of the Local Government Act 2002
Lot 1 DP 167651	Omaha Drive, Omaha	Subject to the provisions of the Local Government Act 2002
Lot 1 DP 147396	31 Omaha Drive, Omaha	Local purpose (utility) reserve, subject to the provisions of the Reserves Act 1977
Section 1 SO 524772	Omaha Drive, Omaha	Recreation reserve, subject to the provisions of the Reserves Act 1977
Lot 680 DP 142129	North West Anchorage, Omaha	Subject to the provisions of the Local Government Act 2002
Lot 1 DP 166169	North West Anchorage, Omaha	Subject to the provisions of the Local Government Act 2002

12. The club’s current lease commenced 1 July 2002, expired 30 November 2007 and provided for one right of renewal for 14 years effecting final expiry 30 November 2021. Subject to obtaining any new community lease, the club will contemporaneously surrender its current lease.

13. The proposed new community lease will comprise the following (Attachment A to the agenda report):

Land	Location	Applicable statute for issue of lease
Lot 906 DP 206443	Mangatawhiri Road, Omaha	Local Government Act 2002
Lot 1 DP 167651	Omaha Drive, Omaha	Local Government Act 2002
Lot 680 DP 142129	North West Anchorage, Omaha	Local Government Act 2002
Lot 1 DP 166169	North West Anchorage, Omaha	Local Government Act 2002
Section 1 SO 524772	Omaha Drive	Reserves Act 1977

Rationale for proposed non-exclusive licence to occupy for Lot 1 DP 147396

14. A non-exclusive licence to occupy is recommended for the club’s occupation of Lot 1 DP 147396 classified as a local purpose (utility) reserve (Attachment B to the agenda report). The licence should permit the club the right to use the area and maintain its existing improvements, namely its water irrigation tanks. This avoids the slightly unhelpful categories in section 61 of the Reserves Act and would also mean that if council had any underground utilities in the area, council wouldn’t be prejudiced.

Public notification and iwi engagement

15. In accordance with section 138 of the Local Government Act 2002 any lease or licence for a term in excess of six months must be publicly notified. This applied to the club’s application for a new community lease over the portion of land legally described as Lot 906 DP 206443, Lot 1 DP 167651 and portions of Lot 680 DP 142129 and Lot 1 DP 166169. Similarly, engagement with mana whenua identified as having an interest in land in the Rodney Local Board area was required under Section 81 of the Act.

16. In accordance with section 54(2) of the Reserves Act 1977, Auckland Council publicly notified the proposed new community lease to the club over the portion of land legally described as Section 1 SO 524772. The public notification process is governed by section 119 of the Reserves Act 1977. Additionally, in accordance with section 4 of the Conservation Act 1987 which over-arches the Reserves Act, Auckland Council engaged with mana whenua identified as having an interest in land in the Rodney Local Board area about the proposals.

17. To meet the statutory requirements, public notices were placed in the Rodney Times on 19 February 2019 and the Mahurangi Matters on 27 February 2019. In the advertisement published in the Rodney Times 19 February 2019, the paragraph containing the specified term of tenure relating to Omaha Beach Golf Club Incorporated and Omaha Beach Community Incorporated (an initial term of 10 years with two rights of renewal for 10 years) was omitted. A revised and corrected public notice was published in the Rodney Times on 7 March 2019. A copy of the public notices is shown as Attachment D to the agenda report.

18. The proposal was also advertised on the Auckland Council website. In accordance with the relevant statute, submitters are allowed one calendar month from the date of publication to make submissions or objections to the proposal. As there was a mistake made in the initial advertisement regarding the term of tenure, submitters had from 19 February 2019 until 5.00pm on 4 April 2019 to make a submission or objection to the proposal.

19. During the submission period, council staff received 258 submissions supporting the community lease proposal and non-exclusive licence to occupy. These are detailed in the table below:

Type of submission	Number of submissions	Date received	Relevant Attachment
Letter by individual on behalf of an entity	three	7, 11 and 13 March 2019, respectively	Attachment E
Online	137	27 March 2019	Attachment F
In person, at club	118	22 and 27 March 2019, respectively	Attachment G

The club

20. The Omaha Beach Golf Club Incorporated was incorporated under the Incorporated Societies Act 1908 on 8 December 1989. The club is affiliated with New Zealand Golf and North Harbour Golf.

21. The club’s current membership is in excess of 600. The club actively encourages younger golfers to take up the sport and runs youth academy coaching programmes.

22. The club’s improvements are well maintained and managed. The club holds an operative management agreement with Omaha Beach Community Incorporated relating to the occupation and use of portions of the Omaha community building. The purpose of this is provision of space for a golf pro shop, administration offices and clubrooms.

23. With the assistance of council, the club has progressed a programme of native tree planting in conjunction with the removal of invasive tree species.

24. Council staff has worked alongside the club to draft, negotiate and agree on a community outcomes plan. Should the Rodney Local Board, Parks and Recreation Committee grant a new community lease and approve the plan, it will be appended as a schedule to the new community lease agreement.

Ngā whakaaweawe me ngā tirohanga a te rōpū Kaunihera

Council group impacts and views

25. Council staff sought feedback from relevant departments about the proposed new community lease and non-exclusive licence to occupy, which is detailed in the table below:

Title, team and department	Feedback
Principal Policy Analyst, Parks and Recreation Policy, Community and Social Policy.	The Auckland Unitary Plan zoning for residential housing in Omaha is single house zone. It is therefore classified as low to medium density housing. The Open Space Provision Policy identifies that there should be a neighbourhood park within a 600 metre walk of low to medium density residential housing. This provision target is still achieved without Omaha Reserve not available for informal recreational purposes. It is therefore recommended from a Parks Policy assessment that these community leases should be granted.
Sport and Recreation Lead, Parks, Sports and Recreation, Active Recreation.	No knowledge of any competing sport and recreation purposes, so the leases are acceptable.
Stormwater Operations Engineer, Healthy Waters, Infrastructure and Environmental Services.	No issues.

Ngā whakaaweawe ā-rohe me ngā tirohanga a te poari ā-rohe

Local impacts and local board views

26. At its workshop of 9 November 2017, the Rodney Local Board, Transport, Infrastructure and Environment Committee was presented with and discussed a memorandum by council staff about the lease and licence to occupy proposal. No specific concerns were raised at this time.

27. At its business meeting of 19 July 2018, the Rodney Local Board resolved to approve the 2018/2019 community leasing work programme (resolution number RD/2018/86). This project is included in the work programme.

28. At its workshop of 9 August 2018, the Rodney Local Board, Parks and Recreation Committee was presented with and discussed a memorandum by council staff about the potential impact of the Golf Facilities Investment Plan on the lease and non-exclusive licence to occupy proposal. No specific concerns were raised at this time about progressing the club’s application for a new community lease and non-exclusive licence to occupy.

29. At its business meeting of 13 December 2018, the Rodney Local Board approved the public notification and engagement with iwi about Auckland Council’s intention to grant a new community lease and a non-exclusive licence to occupy to the club (resolution number RD/2018/164).

30. 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

31. During February 2019, engagement was undertaken with mana whenua identified as having an interest in land in the Rodney Local Board area about the proposed new community lease.

32. Engagement involved 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.

33. Council staff received responses from; Te Runanga o Ngāti Whātua, Ngāti Whātua o Kaipara and Ngai Tai Ki Tamaki who all deferred their interests to Ngāti Manuhiri.

34. Feedback from Ngāti Manuhiri about the proposals and subsequent action by council staff is detailed in the table below:

Ngāti Manuhiri	Action
“While Ngāti Manuhiri support the proposals at this time, they are for very long periods and we would like to be engaged at renewal time to review before leases are automatically re-issued.”	This request has been included in the recommendations relating to the terms and conditions of the new community lease and non-exclusive licence to occupy.
“The Community Outcomes Plan should include access for non-club members (perhaps those who can't afford the fees), through open days, or ‘have a go days’ and/or through working with schools. Do these groups have those types of initiatives in their plans?”	Council staff have set a specific target in the club’s Community Outcomes Plan to ensure that the club holds an annual “have a go day”.

Ngā ritenga ā-pūtea

Financial implications

35. The costs associated with public notification and engagement with iwi about council’s intention to grant a new community lease was approximately $550.00. This cost was borne by the Community Facilities Department.

Ngā raru tūpono me ngā whakamaurutanga

Risks and mitigations

36. Should the Rodney Local Board resolve not to grant of a new community lease and a non-exclusive licence to occupy to the club, this decision may:

· affect the club’s ability to undertake its core activities and as such, may have a trickle-down effect on the core activities of the Omaha Beach Community Incorporated with whom the club has an intrinsic partnership for the occupation and use of portions of the Omaha Beach community building

· affect the club’s ability to leverage funding to ensure its financial sustainability as required to meet its ongoing asset management plans

· increase Auckland Council’s maintenance responsibilities in having to maintain the area currently occupied and maintained by the club.

Ngā koringa ā-muri

Next steps

37. Subject to the Rodney Local Board, Parks and Recreation Committee granting a new community lease and non-exclusive licence to occupy, council staff will work with the club to formalise the necessary documentation.

Ngā tāpirihanga

Attachments

No.	Title	Page
a ⇩	GIS aerial view showing lease area to Omaha Beach Golf Club Incorporated outlined in red	69
b ⇩	GIS aerial view showing non-exclusive licence to occupy area to Omaha Beach Golf Club Incorporated outlined in black	73
c ⇩	Omaha Beach Golf Club Incorporated Community Outcomes Plan	75
d ⇩	Public notices	77
e ⇩	Letters from individuals on behalf of entities in support of a new community lease and non-exclusive licence to occupy	79
f ⇩	Submissions received online	85
g ⇩	Submissions made in person at the club	89

Ngā kaihaina

Signatories

Author

Karen Walby - Community Lease Advisor

Authorisers

Rod Sheridan - General Manager Community Facilities

Jonathan Hope - Local Board Advisor - Rodney

Rodney Local Board Parks and Recreation Committee

16 May 2019

Kaukapakapa Hall and Library Reserve – Community-Led Small Build Project Funding Shortfall

File No.: CP2019/06785

Te take mō te pūrongo

Purpose of the report

1. To request Rodney Local Board allocate an additional $48,043 from financial year 2018/2019 Locally Driven Initiative capital expenditure funding to the Kaukapakapa community-led play space project.

Whakarāpopototanga matua

Executive summary

2. The Kaukapakapa Area Residents and Ratepayer Association have been leading a community project to construct a new play space at the Kaukapakapa Hall and Library Reserve since 2005.

3. The community group have identified a funding shortfall and without additional funding are unable to deliver the project to completion.

4. The Kaukapakapa Area Residents and Ratepayer Association have requested an additional financial contribution of $48,043 for the project from the Rodney Local Board.

Ngā tūtohunga

Recommendation/s

That the Rodney Local Board:

a) approve the allocation of $48,043 of Locally Driven Initiative capital expenditure to the Kaukapakapa play space community-led small build project for the procurement of goods and materials, including fixed play equipment, cushionfall, and timber edging for the play space.

b) note that this allocation will come from the community-led small build Locally Driven Initiative capital expenditure budget, and be administered by Community Facilities – Project Delivery, on behalf of the community group.

Horopaki

Context

5. The Kaukapakapa community have campaigned for 14 years for a play space to be built at the Kaukapakapa Hall and Library Reserve. In June 2017, the Rodney Local Board allocated $20,000 of operational expenditure (opex) funding for the project, under resolution RD/2017/100 (item LG1716-204).

6. A further $10,000 was also provided by Auckland Council in 2016 from the Rodney Local Board Grants, Round One, 2016/2017 (item LG1716-116). The project remains a community-driven initiative; however, with the balance of project funding sought from community-driven fundraising campaigns.

7. The Kaukapakapa Area Residents and Ratepayer Association (KARRA) have been unable to secure sufficient private funding for the project to enable its full completion.

8. Key project milestones achieved are:

· In December 2017, KARRA completed the developed design for the play space.

· On 23 January 2018, Auckland Council granted Land Owner Approval (LOA) for the play space to be constructed by the community group, subject to compliance with the stipulated conditions.

· Resource consent was granted on 1 October 2018 for the playground’s enabling earthworks.

· Earthworks were completed in January 2019.

· In April 2019 Auckland Council confirmed that the revised playground design prepared by KARRA was compliant with the New Zealand Standard for playground safety. Installation compliance sign-off is required.

9. A memo was submitted to the Rodney Local Board on 4 April 2019. The purpose of the memo was to seek direction from the Rodney Local Board regarding options to deliver the proposed new play space, in consideration of the financial position of the community-group.

10. A meeting to discuss the future for the project was held on site at the Kaukapakapa Hall and Library Reserve on Wednesday 1 May 2019. Representatives from KARRA, Community Facilities and the Rodney Local Board were present.

Tātaritanga me ngā tohutohu

Analysis and advice

11. An independent Quantity Surveyor (QS) cost estimate has not been completed; therefore, there is some uncertainty that the projected funding shortfall will be sufficient for the project to be completed.

12. There are several safety, design, and quality compliance requirements to be considered – including the Health and Safety at Work Act 2015 and the New Zealand Standards for Playground Safety. To ensure all requirements are met, we advise that Community Facilities will provide oversight of the physical delivery of the project.

13. KARRA have advised that the balance of project costs, as at 1 May 2019, are:

Item	Supplier	Cost	Registered with Auckland Council
Fixed playground equipment	Playground Creations	$35,000	In progress
Bespoke fixed play equipment	Department of Corrections	$3,850	No
Timber edging	Asset Construction Ltd	$7,027	Yes
Playground cushionfall	Re-harvest	$7,012	In progress

14. In February 2019, the funding shortfall was calculated to be $48,043. KARRA have now advised that the total outstanding project costs could amount to $52,889. At the site meeting on 1 May 2019, KARRA advised Community Facilities representatives and Rodney Local Board members that further local fundraising initiatives will be undertaken - by KARRA, to account for any additional funding shortfall over and above the additional funding allocated by the Rodney Local Board.

Ngā whakaaweawe me ngā tirohanga a te rōpū Kaunihera

Council group impacts and views

15. Community Facilities endorse the project’s completion and will oversee the physical delivery of the project to completion.

Ngā whakaaweawe ā-rohe me ngā tirohanga a te poari ā-rohe

Local impacts and local board views

16. The Rodney Local Board have indicated their support for the play space to be completed as soon as possible for the benefit of the local community.

Tauākī whakaaweawe Māori

Māori impact statement

17. Engagement with mana whenua has not been undertaken.

Ngā ritenga ā-pūtea

Financial implications

18. KARRA’s most recent cost estimate for the project (1 May 2019) is $277,524. Of this, $30,040 is donated volunteer labour and $122,595 is donated and discounted services.

19. KARRA has fundraised $42,000 and the Rodney Local Board has previously contributed $30,000 to the project. The community group is currently estimating a funding shortfall of $52,889. This is slightly higher than the February 2019 estimated funding shortfall of $48,043.

20. The community group recently undertook to seek confirmed costs from all suppliers and contractors. This has led to the project cost increase, though there is now increased surety and rigour around the new shortfall figure. A summary of project costs is included in the following table:

	Table 1: Summary of Project Cost Estimates
	2017 Estimate	Feb 2019 Estimate	May 2019 Estimate
a) Estimated total project cost:	-$85,000	-$272,678	$277,524
b) Donated volunteer labour:	Unknown	$30,040	$30,040
c) Donated & discounted services:	Unknown	$122,595	$122,595
d) Fundraised income:	Unknown	$42,000	$42,000
e) Local board funding (2017/18):	Unknown	$30,000	$30,000
Estimated to complete (sum a - e):	Unknown	-$48,043	-$52,889

21. KARRA representatives have committed to completing the project should additional $48,043 be made available by the Rodney Local Board. Any further funding shortfall will be resolved by KARRA.

22. Any additional funding allocated by the local board would be administered by Community Facilities – Project Delivery, on behalf of the community group. Locally Driven Initiative (LDI) capital funding is unable to be granted to independent groups to administer.

Ngā raru tūpono me ngā whakamaurutanga

Risks and mitigations

23. There is a risk that the requested funding may be insufficient to deliver the project in full. This will be mitigated through closer working relationships between Community Facilities – Project Delivery, and the community group, with ongoing cost review and budget management by the community group. KARRA has advised that additional local fundraising will be undertaken to account for any additional project costs. Community Facilities – Project Delivery, consider it appropriate for the project to proceed.

24. There is a risk that any further uncontrolled amendments to the play space design will impact the project costs. This can be mitigated by requesting no further amendments to the play space design.

Ngā koringa ā-muri

Next steps

25. If the recommendation is approved by the Rodney Local Board, Community Facilities will work with KARRA to supply goods and materials to enable the project’s completion. These items will include fixed playground equipment, timber edging and cushionfall.

26. The community group have indicated their intent to complete the project by June 2019, although the feasibility of this has not yet been fully assessed by Community Facilities – Project Delivery. The local board will be updated on the status of this work through the Community Facility monthly workshop updates.

Ngā tāpirihanga

Attachments

There are no attachments for this report.

Ngā kaihaina

Signatories

Author

Catherine Bannister - Project Manager

Authorisers

Rod Sheridan - General Manager Community Facilities

Jonathan Hope - Acting 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

Author	Robyn Joynes - Democracy Advisor - Rodney
Authoriser	Jonathan Hope - Acting Relationship Manager