Agenda of Rodney Local Board Parks and Recreation Committee

An apology from Member T Berger has 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 16 May 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 three 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

18 July 2019

Rodney local parks land classification programme

File No.: CP2019/12712

Te take mō te pūrongo

Purpose of the report

1. To declare and classify park land held under the Local Government Act 2002, and to classify and reclassify land held under the Reserves Act 1977 and approve public notification where required.

Whakarāpopototanga matua

Executive summary

2. Staff have completed a comprehensive land status investigation of all Rodney local parks and identified a large number of unclassified reserves held under the Reserves Act 1977. Classification of reserves is an essential task in developing a local parks management plan that complies with the Reserves Act 1977.

3. Of the 832 parcels of park land within the scope of the local parks management plan (resolution number: RD/2019/46), the investigation identified 745 land parcels held under the Reserves Act, and 87 as held under the Local Government Act 2002.

4. In proposing land to be retained under the Local Government Act 2002 or declared and classified reserve under the Reserves Act, our considerations included: the current and likely future use, continuity with adjoining land parcels and the benefits and constraints of legislation.

5. For the 87 parcels of park land held under the Local Government Act 2002, the local board has the option to continue to hold land under the Local Government Act 2002 or to declare the land as reserve under the Reserves Act 1977 and classify it appropriately.

6. Staff have individually assessed the merits of each option (refer attachment B and C to the agenda report) and propose that:

a) 51 parcels are retained under the Local Government Act 2002 (Attachment B to the agenda report)

b) 36 parcels are declared as a reserve and classified under the Reserves Act 1977 (Attachment C to the agenda report).

7. Of the 745 land parcels held under the Reserves Act 1977:

a) 487 are unclassified and require classification to be included in the local park management plan (Attachment D to the agenda report)

b) Four parcels require reclassification to better reflect current or future use of the reserve (Attachment E to the agenda report).

8. 254 require no further action

9. Each individual parcel of reserve land has been assessed. We are proposing classification actions for unclassified reserve land and reclassification actions for scenic reserves which were vested under the Reserves and Domains Act 1953 but not correctly classified under the Reserves Act 1977.

10. Staff have considered the benefits and disadvantages of the Reserves Act 1977 in managing and enabling the use, protection and development of each reserve, and developed a set of criteria to guide assessment of each land parcel.

11. These criteria incorporate guidance from the Local Government New Zealand and Department of Conservation Reserves Act 1977 Guide, consideration of the local park’s values, current and likely future use of the local park, workshop feedback from the local board and consultation with mana whenua.

12. Staff recommend that the local board approve classifying the land parcels that do not require public notification; and notifying the reclassification of the land parcels as outlined in this report.

13. Completing the reserve declaration, classification and reclassification processes will enable staff to proceed with preparing the draft local parks management plan once the first round of consultation has been completed.

Ngā tūtohunga

Recommendation/s

That the Rodney Local Board Parks and Recreation Committee:

a) confirm 51 parcels of land currently held under the Local Government Act 2002 as described in Attachment B of this agenda report will continue to be held under the Local Government Act 2002

b) approve 36 parcels of land to be declared a reserve and classified according to their primary purpose, pursuant to section 14(1) of the Reserves Act 1977 as described in Attachment C of this agenda report

c) approve the proposed classification of 487 parcels of reserve land pursuant to sections 16(1) and 16(2A) of the Reserves Act 1977 as described in Attachment D of this agenda report

d) approve public notification of the proposals to reclassify four parcels of reserve land pursuant to section 24(2)(b) of the Reserves Act 1977 described in Attachment F of this agenda report.

Horopaki

Context

14. Rodney Local Board has allocated decision making responsibility for all local parks in the Rodney local board area (the local board area).

15. On 21 June 2018 the Rodney Local Board resolved to prepare an omnibus open space management plan for all local parks in Rodney (RD2018/83) (the local parks management plan).

16. The local parks management plan will cover park land held subject to both the Reserves Act 1977 and Local Government Act 2002, including land covered by existing reserve management plans.

17. The local parks management plan will be a statutory reserve management plan prepared in accordance with section 41 of the Reserves Act.

18. As part of preparing the local parks management plan, staff have reviewed whether local parks are held under the Local Government Act or Reserves Act, and if they are held under the Reserves Act whether they have been appropriately classified.

19. Following completion of the review, staff presented the principles underpinning the land classification process to a local board at a workshop held on 11 April 2019. Key outcomes of the investigation were presented to the local board at workshops held on 9 May and 13 June 2019.

Tātaritanga me ngā tohutohu

Analysis and advice

20. Staff investigated 931 land parcels, covering approximately 317 parks. Of those, 832 are included in scope of the local parks management plan.

21. A total of 99 land parcels are out of scope, as the local board does not have delegated decision-making authority for them. Examples are regional parks, drainage reserves, land managed by the Department of Conservation, and road to road accessways.

22. Of the 832 parcels within scope, 745 are held under the Reserves Act, and 87 are held under the Local Government Act.

23. Of the 745 parcels held under the Reserves Act, 487 are currently unclassified.

24. Four parcels of land vested under the Reserves and Domains Act 1953 require reclassification to ensure that they are appropriately classified under the Reserves Act.

25. This report makes recommendations on actions for both the land held under the Reserves Act and land held under the Local Government Act. These actions are summarised in attachment A to the agenda report.

Proposed actions for land held under the Local Government Act

26. When reviewing the future land status options for land under the Local Government Act, staff considered the following:

· Why does the council own the land and how was it acquired?

· What is the primary purpose of the land?

· What is the status of adjacent parcels of land within the same park?

· What is the current and likely future main use of the land?

· What potential does the land have for protection, enhancement and development?

· Is there likely to be a need to retain flexibility for future use?

Proposal to retain some land under the Local Government Act

27. Applying the criteria above, staff have identified 51 parcels of land as best suited to remain under the Local Government Act (Attachment B to the agenda report). This is primarily because either the current use does not align with any of the classification options in the Reserves Act and/or there is a likely need to retain flexibility for future use. Helensville Civic Grounds are an example of a local park where flexibility is required.

28. The local board does not need to take any further action for land to remain under the Local Government Act.

Proposal to declare and classify some land currently held under the Local Government Act

29. Any land held under the Local Government Act which the local board wishes to manage under the Reserves Act must be declared reserve and classified appropriately in line with the Act.

30. Staff have recommended that 36 parcels of land held under the Local Government Act be declared and classified reserve under the Reserves Act (Attachment C to the agenda report).

31. The main reason for declaring and classifying these parcels is to reflect the primary purpose of the land. Most of these parcels align with local purpose esplanade classification.

32. Section 14(2) of the Reserves Act requires public notification when declaring and classifying land as reserve, where that land is not zoned open space in the Auckland Unitary Plan.

33. All the parcels proposed to be declared and classified are consistent with Auckland Unitary Plan zoning. This means that public notification is not required.

Proposed actions for land held under the Reserves Act

34. There are three options for land held under the Reserves Act – classification, reclassification or revocation of the Reserves Act status.

35. In the context of this investigation, staff have not identified any parcels of local park that warrant the reserve status to be revoked and being managed under the Local Government Act. The rest of the section deals with the remaining two options: classifying or reclassifying.

Classification of land held under the Reserves Act

36. Classification involves assigning a reserve (or part of a reserve) a primary purpose, as defined in section 17 to 23 of the Act, that aligns with its present values. Consideration is also given to potential future values, activities and uses.

37. Our investigation found 487 land parcels currently held as unclassified reserve under the Reserves Act, requiring classification.

38. Staff have considered the Reserves Act 1977 Guide and the following questions when determining the primary purpose and appropriate classification for each parcel:

· Why does council own the land? Why was it acquired?

· What are the main values of the land or potential future values, uses and activities?

· What potential does the land have for protection, preservation, enhancement or development?

· What is the status of adjacent parcels of land in the park?

· Is there likely to be a need to retain flexibility for future use?

39. Attachment D to the agenda report identifies 487 land parcels that require classification under section 16(1) or 16(2A) of the Reserves Act. These proposals do not require public notification under the Act.

Reclassification of some land held under the RA

40. Reclassification involves assigning a different class to a reserve (or part of a reserve) to better cater for its primary purpose.

41. During the land classification investigation, four parcels of classified reserves were identified as requiring reclassification (see Attachment F to the agenda report). The parcels had not been given a specific scenic reserve classification because they were previously held under the Reserves and Domains Act. We are recommending they are reclassified as scenic 1b under the Reserves Act.

42. Section 24(2)(b) of the Reserves Act requires all proposals to reclassify reserves to be publicly notified together with the reasons for the proposed change in classification.

Ngā whakaaweawe me ngā tirohanga a te rōpū Kaunihera

Council group impacts and views

43. Staff have discussed the land classification investigations widely with council units and council-controlled organisations including Parks Sports and Recreation, Infrastructure and Environmental Services, Community Facilities (including Leasing), Community and Social Policy, Legal, Panuku Development Auckland, and Auckland Transport.

44. Community Facilities staff manage land on behalf of the Parks and Healthy Waters units. Their advice was to retain Local Government Act land under that Act, as the Local Government Act allows for a wider range of uses (consistent with the council’s role under that legislation); and the Reserves Act introduces greater complexity into decision-making.

45. Staff consider that the local parks management plan will provide a consistent management direction for all parks and reserves regardless of whether the land is managed under the Reserves Act or Local Government Act.

46. Heritage, biodiversity, parks and stormwater specialists have also informed the recommendations for declaring and classifying reserves according to their primary purpose.

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

Local impacts and local board views

47. At a workshop on 11 April 2019 staff presented the principles that underpinned the investigation process to the local board. We also gave an overview of the methods and rationale we used to determine the recommendations for unclassified reserves.

48. Local board members’ feedback generally supported the rationale and proposals for classification under section 16(1) and 16(2A) of the Reserves Act.

49. At local board workshops held on 9 May and 13 June 2019, staff presented details of all parcels proposed to be classified, as well as parcels to be declared and classified, and parcels to be retained under the Local Government Act.

50. Local board members supported retaining some park land under the Local Government Act.

51. Staff made changes to the proposed classification programme based on feedback from the local board members at the workshop.

52. Completion of the classification process will ensure each parcel of park land in the Rodney area has a clear strategic purpose allowing for good decision making for local parks that complies with the Reserves Act.

Tauākī whakaaweawe Māori

Māori impact statement

Engagement with mana whenua

53. Interested mana whenua have been working with staff on land classification proposals as part of the local parks management plan. Staff attended the Parks, Sport and Recreation Mana Whenua Forum in March 2019 and introduced both the wider local parks management plan project, and the land classification work.

54. Mana whenua representatives from Ngāti Whātua o Kaipara, Ngāti Whātua o Orakei, Te Kawerau a Maki, Ngaati Whanaunga, Ngāti Manuhiri, and Te Patukirikiri attended one of the three hui held in March and April 2019.

55. We provided all mana whenua who had participated in the three hui with a summary of proposed reserve classification information and feedback received from the hui.

56. Over the course of the hui, most of the parcels proposed for classification or reclassification and all of the land held under the Local Government Act were reviewed.

57. This has enabled all participating mana whenua to review all land classification recommendations for the project.

58. Mana whenua generally supported staff’s assessment, rationale and proposals for land classification.

59. The classification process has enabled mana whenua to contribute to the strategic vision for each park in the Rodney area. This will guide future decision making about local parks that gives effect to the Treaty of Waitangi as required by the Reserves Act.

Ngā ritenga ā-pūtea

Financial implications

60. Financial implications include costs for:

a) public notices to declare and classify land held under the Local Government Act (where required)

b) public notices to classify (where required) and reclassify for land held under the Reserves Act.

61. The operational budget of the council’s Community Facilities department will cover these costs.

62. There are no financial implications associated with retaining land under the Local Government Act.

Ngā raru tūpono me ngā whakamaurutanga

Risks and mitigations

63. The following table outlines the risks and mitigation for classification and reclassification of reserves and declaring and classifying land to be reserve.

Risk	Mitigation
Perception that the Local Government Act offers park land less protection from sale or disposal than if it was held under Reserves Act	Both Acts require the public to be consulted when there is a proposal to dispose of land. Retaining land under the Local Government Act has been recommended where flexibility for future use is likely to be beneficial (e.g. commercial use).
Reserves Act classifications constrain the range of uses that land can be used for	We have followed the considerations in paragraph 31 above and the Reserves Act 1977 Guide in assessing the current and likely future use of each individual parcel we propose to be declared and classified under the Reserves Act.
Public objections to proposed reclassifications delaying the management plan process	Four parcels require public notification. Due to the small number of parcels, the potential impact on timeframes for the management plan is anticipated to be minimal.
Potentially high number of submissions on proposed classifications, because the notification will be coupled with the notification of the intention to prepare the plan.	Work with engagement team if additional resources are required.

Ngā koringa ā-muri

Next steps

64. Next steps vary depending on whether land is held under the Local Government Act or Reserves Act and if public notification is required.

65. Attachment F to the agenda report outlines the next steps for each action for land held under the Local Government Act and Reserves Act.

Ngā tāpirihanga

Attachments

No.	Title	Page
a ⇩	Possible actions under the Local Government Act 2002 versus the Reserves Act 1977	15
b ⇩	Parcels to be retained under the Local Government Act 2002	17
c ⇩	Parcels to be declared and classified (public notification not required)	21
d ⇩	Parcels to be classified (public notification not required)	25
e ⇩	Parcels to be reclassified (public notification required)	49
f ⇩	Outline of next steps for different actions	51

Ngā kaihaina

Signatories

Author

Shyrel Burt - Service and Asset Planning Specialist

Authorisers

Lisa Tocker - Head of Service Strategy and Integration

Lesley Jenkins - Relationship Manager

Rodney Local Board Parks and Recreation Committee

18 July 2019

Dawson Road Reserve: lease for temporary occupation by
Watercare Services Limited

File No.: CP2019/12834

Te take mō te pūrongo

Purpose of the report

1. To approve the proposed lease to Watercare Services Limited for a lay down area on part of Dawson Road Reserve, Snells Beach.

Whakarāpopototanga matua

Executive summary

2. To facilitate population growth in the Rodney Local Board area, Watercare Services Limited are undertaking a wastewater upgrade project, called the Warkworth-Snells-Algie wastewater upgrade project.

3. To enable this wastewater upgrade project, Watercare Services Limited has requested that it be permitted to occupy part of Dawson Road Reserve as a laydown area for 15 months commencing late July 2019 with a right to renew, as a contingency, for a further three months if required.

4. Subject to approval by the Rodney Local Board, staff intend to issue a lease of approximately 1.835 Hectares (from a total area of 2.9922 Hectares) to Watercare Services Limited under Sections 17 and 28 of the Public Works Act 1981, as Watercare Services Limited has not been able to identify a suitable alternative area for staging the works.

5. Watercare Services Limited will pay the Auckland Council compensation for the temporary occupation of the land, which shall be determined by joint valuation between the parties.

Ngā tūtohunga

Recommendation/s

That the Rodney Local Board:

a) approve, subject to there being no issues identified by iwi that cannot be resolved, the temporary occupation by Watercare Services Ltd of part (approximately 1.835 Hectares) of Dawson Road Reserve, being Sections 4 and 5 SO 349139, situated at Dawson Road, Snells Beach, for a period of up to 18 months commencing 30 July 2019, as a lay down area for the Warkworth-Snells-Algie wastewater upgrade project.

Horopaki

Context

Background

6. Watercare Services Limited (Watercare) is undergoing work to construct a new wastewater treatment plant at Snells Beach to cater for the population growth in the area. This project is called the Warkworth-Snells-Algie wastewater upgrade project.

7. To facilitate the Warkworth-Snells-Algie wastewater upgrade project, Watercare requires occupation of a section of Dawson Road Reserve to establish a temporary lay down area.

Location

8. Dawson Road Reserve, legally described as Section 4 SO 349139, Section 5 SO 349139, is held by Auckland Council as a classified recreation reserve subject to the Reserves Act 1977.

9. The area which Watercare desires to lease and occupy is outlined in figure 1. This area is approximately 1.835 hectares.

10. This site has been identified by Watercare as the ideal location for a laydown area, as it is not on the main road and is flat with good access to the Watercare construction site. The same site has been used as a laydown area by Watercare previously in 2017.

Figure 1: Aerial map showing location of Dawson Road Reserve, Snells Beach, and area to be occupied and leased by Watercare in red dotted line

Proposal

11. Watercare has advised the council it wishes to acquire a lease of the proposed area under the Public Works Act 1981. Leases granted under the Public Works Act do not trigger a statutory requirement to publicly notify a lease of the reserve. Watercare expects to occupy this area for 15 months (from late July 2019 to October 2020) but as a contingency, provision is to be made for an extension of three months should there be unforeseen delays.

12. The laydown area will be used for contractor facilities and storage of construction materials such as pipes, required to complete the wastewater upgrade. The contractor facilities include a site office, toilets, covered deck, and lunch area (refer to Figure 2).

13. Watercare will fully reinstate the land to its present condition upon termination of the lease.

Figure 2 Annotated plan indicating site office and laydown on part of Dawson Road Reserve

Tātaritanga me ngā tohutohu

Analysis and advice

14. The specialists from the following teams within council were contacted regarding the proposal. There were no objections from both specialists.

· Parks and Places Specialist team

· Operational Management and Maintenance team.

15. The following conditions were suggested to mitigate any impacts of the works:

· All construction materials are to be removed from site upon completion

· All stones and non-soil contaminants are to be removed from site upon completion

· The ground is to be relevelled with an additional layer of 50mm topsoil placed on top of the existing soil profile

· A minimum of a 90 per cent grass strike will need to be in place before acceptance of mitigation takes place.

Ngā whakaaweawe me ngā tirohanga a te rōpū Kaunihera

Council group impacts and views

16. No views have been sought from other council groups (except those already stated in this report) due to the nature of the request from Watercare.

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

Local impacts and local board views

17. The following local impacts will result from this lease:

· This portion of the reserve will be temporarily unavailable to the public

· There will be an increase in traffic movements on Dawson Road.

18. The temporary occupation of Dawson Road Reserve, and its temporary impacts, are necessary to enable population growth in the area, by allowing the upgrade of wastewater infrastructure.

Tauākī whakaaweawe Māori

Māori impact statement

19. Watercare consulted iwi at the time of designation of the overall project. Watercare has re-engaged with iwi to ensure that iwi have no issues with this latest proposal to occupy the reserve.

20. It is noted that there were no objections to the previous temporary occupation of the same piece of land for a similar purpose in 2017.

21. The land is known not to have any particular significance to Maori and the land is not subject to any Treaty of Waitangi claim.

Ngā ritenga ā-pūtea

Financial implications

22. Watercare will reimburse the council’s costs and occupation shall be subject to a commercial rental.

Ngā raru tūpono me ngā whakamaurutanga

Risks and mitigations

23. Part of Dawson Road Reserve will not be available to the public for the 15 to 18 months while Watercare occupies the area. There is no perceived risk because the temporary occupation is relatively short term. There is a higher risk if the lease is not approved as any delay will potentially result in overloading of the existing sewerage system.

24. There are several green open spaces still available to the public for recreation, including Goodall Reserve and Te Whau Esplanade Reserve, both located 500 metres away (five-minute walking distance) from Dawson Road Reserve.

25. The adjacent neighbours of Dawson Road Reserve, including Snells Beach School, will be temporarily impacted by the laydown area. Watercare intends to contact these neighbours to notify them of the works prior to commencement.

Ngā koringa ā-muri

Next steps

26. Valuation advice will be sought to determine a fair occupation fee payable and Land Advisory Services will execute a lease with Watercare.