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Ōtara-Papatoetoe
Local Board
17 September
2019
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Classification
of a portion of land located at Rongomai Park and the grant of a new community
lease to AMMI Athletics Club Incorporated, Rongomai Park, 80R Te Irirangi
Drive, Clover Park
File No.: CP2019/16117
Te take mō te
pūrongo
Purpose of the report
1. To
amend resolution OP/2019/75 to more accurately reflect the term of the right of
renewal.
2. To
classify a portion of land, at Rongomai Park, legally described as Part
Allotment 125 Parish of Pakuranga from unclassified recreation reserve to
recreation reserve, pursuant to Section 16 (2A) of the Reserves Act 1977.
3. To
seek a new community ground-lease for AMMI Athletics Club Incorporated at
Rongomai Park, Manukau Sports Bowl, 80R Te Irirangi Drive, Clover Park.
Whakarāpopototanga matua
Executive summary
4. Community
leases are one of the ways in which council provides support to local community
organisations, assisting them to sustain the activities and experiences they
provide in alignment with recognised local priorities.
5. AMMI
Athletics Club Incorporated has been training at Rongomai Park since late 2018
providing training for running, shot-put, long-jump and triple-jump, high-jump
and javelin. The club applied to council for approval to site a 20-foot
shipping container on the reserve to store their equipment.
6. The
board considered this request at the 18 June 2019 meeting and granted the club
permission for the temporary installation of a container for two years, with an
unspecified renewal period. Resolution number OP/2019/75 refers.
7. However,
as the approval is for more than one year, under section 53(1)(f) of the
Reserves Act 1977, a lease must be entered into.
8. The
club has applied for a community lease and as the reserve is currently an
unclassified recreation reserve, the land requires classification prior to the
issue of the lease.
9. Staff
are satisfied the group meets the criteria as specified in the Auckland
Council’s Community Occupancy Guidelines 2012 and recommend the lease be
granted in accordance with these guidelines and that the park be classified as
a recreation reserve.
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Ngā tūtohunga
Recommendation/s
That the Ōtara-Papatoetoe
Local Board:
a. approve
the amendment of resolution number OP/2019/75 a) to record that the single
right of renewal mentioned in resolution line a) will be for a further term
of two (2) years
b. approve, under Section 16
(2A) of the Reserves Act 1977, the classification of Part Allotment
125 Parish of Pakuranga comprising 10 hectares as a recreation reserve subject to the
provisions of the Reserves Act 1977 (shown outlined in blue on Attachment A)
c. take note of the public notification of Auckland Council’s
intention to grant a lease to AMMI Athletics Club Incorporated
d. delegate to the Ōtara-Papatoetoe Local Board Chair, following public notification, the authority to appoint a hearings
panel to consider submissions and objections, and to make a decision.
e. grant,
subject to resolution of any objections, under section 54(1)(b) of the
Reserves Act 1977, a new community ground lease to AMMI Athletics Club
Incorporated for the land at Rongomai Park, 80R Te Irirangi Drive, Clover
Park (marked in red on the map attached as Attachment B) and described
Part Allotment 125 Parish of Pakuranga comprising 10 hectares, subject to the
following terms and conditions:
i. term
– two (2) years commencing 1 November 2019 with a
single two (2) year right of renewal and final expiry on 31 October 2023
ii. rent
– $1.00 plus GST per annum if demanded
iii. delegate
to the Ōtara-Papatoetoe Local Board Chair, in
consultation with the local board, the authority to approve AMMI Athletics
Club Incorporated’s Community Outcomes Plan, which will be appended to
the lease
iv. all
other terms and conditions to be in accordance with Auckland Council’s
Community Occupancy Guidelines 2012 and the Reserves Act 1977.
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Horopaki
Context
10. This report
considers the classification of Rongomai Park as a recreation reserve and the
application for a new community ground lease by AMMI Athletics Club
Incorporated for the group-owned storage container on Rongomai Park, 80R Te
Irirangi Drive, Clover Park.
11. The
Ōtara-Papatoetoe Local Board is the allocated authority for local,
recreation, sport and community facilities; including community leasing
matters.
Land
12. The container
will be located on the south west corner of Rongomai Park (adjacent to the
number two softball diamond) on land described as Part Allotment 125 Parish of
Pakuranga comprising 10 hectares. The land is held in fee simple by
Auckland Council as an unclassified recreation reserve.
13. The board is
advised to classify the parcel of land detailed in paragraph 12 above, prior to
consideration of the lease.
14. Consequently,
staff request the local board classify this land by way of a resolution.
15. The proposed
use of the land was not anticipated within the adopted 2007 Manukau Combined
Sports Park Management Plan, therefore iwi engagement and public consultation
of the intention to grant the lease is required for the area as shown in the
aerial plan (Attachment B).
16. Public consultation consists of a notice in the
local community newspaper, on the council website and distribution via
council’s social media outlets that outlines the intention to lease the
land to AMMI Athletics Club Incorporated. A period of one month is
allowed for submissions and objections to the proposed lease. If any
objections are received the local board will convene a hearings panel of
members to hear the objection(s) and make a decision.
AMMI
Athletics Club Incorporated
17. AMMI
Athletics Club Incorporated was registered with the New Zealand Companies
Office as an incorporated society on 27 October 2017. The aim of the club
is to administer, promote, develop and deliver athletics in Aotearoa New
Zealand communities by encouraging, engaging and enhancing members’
athletics interests and abilities.
18. AMMI is
affiliated with both Athletics New Zealand and Athletics Auckland and members
regularly compete in athletic events run by both organisations.
19. AMMI uses
Rongomai Park for training in sprinting, and running, discus, shot-put,
long-jump and triple-jump, high-jump and javelin at junior, senior and masters
levels.
20. The proposed
lease to AMMI is for the footprint of its container, consisting of approximately
20 square meters, as shown by Attachment B, outlined in red.
Tātaritanga me ngā
tohutohu
Analysis and advice
Proposed Land Classification
21. Rongomai Park
is currently an unclassified recreation reserve. The land is legally described
as Pt Allotment 125 Parish of Papatoetoe, contained in Record of Title
647500.
22. The land was
originally acquired by the Manukau City Council under the Public Works Act 1981
and vested in the council as a recreation ground, subject to a condition in the
sale and purchase agreement (dated 15 July 1991) that it would be held by the
council as a reserve.
23. Auckland
Council, as a reserve administering body, is required to classify all
unclassified reserves. To align the activities on the land to the
provisions of the Reserves Act 1977, council staff propose that the land be
classified as recreation reserve. This classification is appropriate for
the recreation activities taking place on the reserve.
24. The purpose
of recreation reserves, as set out in Section 17 of the Reserves Act 1977, is
to provide for “recreation and sporting activities and the physical
welfare and enjoyment of the public and for the protection of the natural
environment and beauty of the countryside, with emphasis on the retention of
open spaces and on outdoor recreational activities, including recreation tracks
in the countryside”.
25. Staff from
Stakeholder and Land Advisory and Service, Strategy and Integration have
provided feedback that the proposed classification is appropriate.
26. Prior to
entering into a lease, classification of the land is required, staff therefore
recommend that the land parcel be classified as detailed above.
Community Lease to AMMI
Athletics Club
27. Auckland
Council’s Community Occupancy Guidelines 2012 sets out the requirements
for community occupancy agreements.
28. After
assessing the lease application against the criteria in the guidelines and
meeting with AMMI, staff have determined that the group qualifies for a new
community lease based on:
i. AMMI Athletics Club Incorporated is registered as an
incorporated society with the New Zealand Companies Office
ii. The group has the required level of public liability
insurance
iii. The activities of AMMI supports the Ōtara-Papatoetoe
Local Board Plan 2017 outcome: parks and facilities that meet people’s
needs
iv. AMMI’s financial accounts have sufficient reserves to cover
its operating costs with no declared liabilities
v. AMMI funds its activities mostly by way of membership fees,
fundraising, charitable grants and subsidies
vi. The services provided meets the needs of the local community.
29. Under the
occupancy guidelines, for groups that own their improvements, a longer term
lease is generally recommended. However, the local board has discretion
to vary the term of the lease if it wishes. The guidelines suggest that where a
term is varied, it aligns to one of the recommended terms contained in the
Community Occupancy Guidelines 2012.
30. For the AMMI
lease, staff recommend, in line with local board feedback, that a lease term of
two years with one right of renewal for a further term of two years is
appropriate, as it aligns substantially with alternative lease terms
recommended in the guidelines and to the landowner approval.
Ngā whakaaweawe me
ngā tirohanga a te rōpū Kaunihera
Council group impacts and views
31. Staff have
obtained feedback from, Parks and Places Specialist and the Sport and
Recreation Lead. No concerns regarding the group were raised.
32. The
Operational Management and Maintenance Sports Parks Manager met with the group
to discuss the best site on Rongomai Park for the container. Attachment A
shows the most appropriate site.
33. Service
Strategy and Integration and Land Advisory have no concerns regarding the
proposed classification of recreation reserve.
34. Legal
guidance was obtained following the board’s decision on 18 June 2019.
Under the Reserves Act 1977, a lease is required for all structures or
buildings sited on a reserve for a period exceeding 365 days. Temporary
structures must not remain in place for more than 365 consecutive days.
35. The proposed
new lease has no identified impacts on other parts of the council group.
The views of council-controlled organisations were not required for the
preparation of the advice in this report.
Ngā whakaaweawe
ā-rohe me ngā tirohanga a te poari ā-rohe
Local impacts and local board views
36. The
recommendation within this report falls within the local board’s
allocated authority relating to local recreation, sports and community
facilities.
37. Following the
local board decision of 18 June 2019 and subsequent legal advice the lease was
discussed with the local board at a workshop on 6 and 27 August 2019.
38. The
recommendation supports the Ōtara-Papatoetoe Local Board Plan 2017 outcome
of parks and facilities that meet people’s needs.
Tauākī whakaaweawe
Māori
Māori impact statement
39. Auckland
Council is committed to meeting its responsibilities under Te Tiriti o Waitangi
and its broader statutory obligations to Māori. Support for Māori
initiatives and outcomes are detailed in Whiria Te Muka Tangata, Auckland
Council’s Māori Responsiveness Framework, the Auckland Plan, the
Long-term Plan, the Unitary Plan and local board plans.
40. An aim of
community leasing is to increase targeted support for Māori community
development. This proposal seeks to improve access to facilities for all
Aucklanders including Māori living in the Ōtara-Papatoetoe Local
Board area. Twenty-five percent of the members of the club identify as Māori.
41. As athletics
is not contemplated in the reserve management plan, formal engagement with iwi
will take place alongside the public notification of the proposed lease.
42. The proposed
new ground lease and classification of a portion of the park was conveyed to
the South-Central Mana Whenua Forum in August 2019, no obligations were raised
by forum members. As athletics is not contemplated in the reserve
management plan, formal consultation with iwi will take place alongside the
public notification of the intended lease.
Ngā ritenga
ā-pūtea
Financial implications
43. Costs
relating to the public notification will be borne by Community Facilities.
Ngā raru tūpono me
ngā whakamaurutanga
Risks and mitigations
44. If the
Ōtara-Papatoetoe Local Board resolves not to grant the lease to AMMI
Athletics Club Incorporated, the club’s ability to undertake its core
activities will be materially affected, which in turn will have a negative
impact on the desired local board outcomes and the aspirations of the local
athletic community.
Ngā koringa ā-muri
Next steps
45. Subject to the local board approval of the intention to lease, staff
will arrange for the public notification of the intention.
Ngā tāpirihanga
Attachments
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No.
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Title
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Page
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a⇩ 
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Land for classification - Rongomai Park, 80R Te Irirangi
Drive, Clover Park
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11
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b⇩
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Site Map - Rongomai Park, 80R Te Irirangi Drive,
Clover Park - AMMI Athletic Club Incorporated
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13
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Ngā kaihaina
Signatories
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Authors
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Jenny Young - Community Lease Advisor
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Authorisers
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Rod Sheridan - General Manager Community Facilities
Carol McKenzie-Rex - Relationship Manager
Mangere-Otahuhu and Otara-Papatoetoe Local Boards
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