I hereby give notice that an ordinary meeting of the Whau Local Board will be held on:

 

Date:

Time:

Meeting Room:

Venue:

 

Wednesday, 30 June 2021

1.00pm

Whau Local Board Office
31 Totara Avenue
New Lynn

 

Whau Local Board Hearings Panel

 

HEARING AGENDA

 

Proposal to grant a new community lease over part of Saunders Reserve, 26 Saunders Place, Avondale

 

 

 

MEMBERSHIP

 

Chairperson

Kay Thomas

 

Deputy Chairperson

Fasitua Amosa

 

Members

Catherine Farmer

 

 

Ulalemamae Te'eva Matafai

 

 

Warren Piper

 

 

Jessica Rose

 

 

Susan Zhu

 

 

(Quorum 4 members)

 

 

 

Adam Milina
Local Area Manager

 

Rodica Chelaru

Democracy Advisor

 

22 June 2021

 

Contact Telephone: 021 02185527

Email: rodica.chelaru@aucklandcouncil.govt.nz

Website: www.aucklandcouncil.govt.nz

 

 


Whau Local Board

30 June 2021

 

 

 

ITEM   TABLE OF CONTENTS                                                                                         PAGE

1          Welcome                                                                                                                         5

2          Apologies                                                                                                                        5

3          Declaration of Interest                                                                                                   5

4          Whau Local Board Hearings Panel - election of Chairperson                                  7

4          Hearing of submissions on Auckland Council's proposal to grant a new community lease over part of Saunders Reserve, 26 Saunders Place, Avondale                     9

 


1          Welcome

 

2          Apologies

 

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

 

3          Declaration of Interest

 

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.

 


Whau Local Board

30 June 2021

 

 

Whau Local Board Hearings Panel - election of Chairperson

 

File No.: CP2021/09162

 

  

 

Te take mō te pūrongo / Purpose of the report

1.       The purpose of this report is for the Whau Local Board Hearings Panel to elect a Chairperson to hear the submissions received in relation to Auckland Council’s proposal to grant a new community lease to West End Rowing Club Incorporated for part of Saunders Reserve, 26 Saunders Place, Avondale.

Whakarāpopototanga matua / Executive summary

2.      The Local Board Hearings Panel must elect a member to this position in accordance with Schedule 7, clause 25 of the Local Government Act, noting that no member has a casting vote.

3.       The Local Board Hearings Panel will also need to determine what method they will apply to elect the chairperson.

Schedule 7, Part 1, Clause 25 of the Local Government Act 2002 stipulates that:

25           Voting systems for certain appointments

(1) This clause applies to -

(a)     the election or appointment of the chairperson and deputy chairperson of a regional council; and

(b)   the election or appointment of the deputy mayor; and

(c)     the election or appointment of the chairperson and deputy chairperson of a committee; and

(d)   the election or appointment of a representative of a local authority.

(2)     If this clause applies, a local authority or a committee (if the local authority has so directed) must determine by resolution that a person be elected or appointed by using one of the following systems of voting:

(a)   the voting system in subclause (3) (system A):

(b)   the voting system in subclause (4) (system B).

(3)             System A -

(a)     requires that a person is elected or appointed if he or she receives the votes of a majority of the members of the local authority or committee present and voting; and

(b)     has the following characteristics:

(i)      there is a first round of voting for all candidates; and

(ii)      if no candidate is successful in that round there is a second round of voting from which the candidate with the fewest votes in the first round is excluded; and

(iii)     if no candidate is successful in the second round there is a third, and if necessary subsequent, round of voting from which, each time, the candidate with the fewest votes in the previous round is excluded; and

(iv)    in any round of voting, if 2 or more candidates tie for the lowest number of votes, the person excluded from the next round is resolved by lot.

(4)             System B -

(a)     requires that a person is elected or appointed if he or she receives more votes than any other candidate; and

(b)     has the following characteristics:

(i)      there is only 1 round of voting; and

(ii)      if 2 or more candidates tie for the most votes, the tie is resolved by lot.

 

Ngā tūtohunga / Recommendation/s

That the Whau Local Board:

a)      elect a Chairperson for the Whau Local Board Hearings Panel to hear the submissions received in relation to Auckland Council’s proposal to grant a new community lease to West End Rowing Club Incorporated for part of Saunders Reserve, 26 Saunders Place, Avondale.

 

 

Ngā tāpirihanga / Attachments

There are no attachments for this report.      

Ngā kaihaina / Signatories

Author

Rodica Chelaru - Democracy Advisor

Authoriser

Adam Milina - Local Area Manager

 


Whau Local Board

30 June 2021

 

 

Hearing of submissions on Auckland Council's proposal to grant a new community lease over part of Saunders Reserve, 26 Saunders Place, Avondale

File No.: CP2021/08411

 

  

 

Te take mō te pūrongo

Purpose of the report

1.       Report for the Whau Local Board Hearings Panel to accompany the submissions hearing on the Auckland Council’s proposal to grant a new community lease to West End Rowing Club Incorporated for part of Saunders Reserve, 26 Saunders Place, Avondale.

Whakarāpopototanga matua

Executive summary

2.       West End Rowing Club Incorporated has a community lease over part of the reserve for its clubrooms and vehicle parking. The lease commenced on 19 August 2003 and expired on 18 August 2018.  Since expiry, the lease has been operating under a periodic tenancy on a month-by-month basis.

3.       At its business meeting of 24 February 2021, the Whau Local Board approved the public notification of council’s intention to grant a new community lease. This resulted in five objections and one submission in support being received.

4.       A Hearings Panel made up of the Whau Local Board will hear from the four submitters that requested to be heard in person with the remaining two on the papers.

 

Ngā tūtohunga

Recommendation/s

That the Whau Local Board Hearings Panel:

a)      receive the written submissions and hears the presentations from Steve Bradley, Jenny Pullar, Robin Brehmer, and the West End Rowing Club Incorporated on the Auckland Council’s proposal to grant a new community lease to West End Rowing Club Incorporated for part of Saunders Reserve, 26 Saunders Place, Avondale.

b)      receive the written submission from Freya Brehmer-Hine and an anonymous submitter on the Auckland Council’s proposal to grant a new community lease to West End Rowing Club Incorporated for part of Saunders Reserve, 26 Saunders Place, Avondale.

c)      consider the submissions on the Auckland Council’s proposal to grant a new community lease to West End Rowing Club Incorporated for part of Saunders Reserve, 26 Saunders Place, Avondale, deliberates, and makes a recommendation.

d)      direct staff to report the recommendation on the Auckland Council’s proposal to grant a new community lease to West End Rowing Club Incorporated for part of Saunders Reserve, 26 Saunders Place, Avondale to the Whau Local Board.

e)      thank all submitters for their attendance and presentations.

 

Horopaki

Context

5.       This report outlines and provides copies of objections and submissions received as a result of the public notification of Auckland Council’s intention to grant a new community lease to West End Rowing Club Incorporated for part of Saunders Reserve, 26 Saunders Place, Avondale.

6.       Whau Local Board is the allocated authority relating to local, sport and community facilities, including community leasing matters.

Tātaritanga me ngā tohutohu

Analysis and advice

Saunders Reserve

7.       The reserve is located at 26 Saunders Road, Avondale and is made up two parcels of land legally described as:

a)      Lot 26 DP 112772 contained in fee simple Record of Title NA64B/746 comprising of 5780m²

b)      Lot 27 DP 112772 contained in fee simple Record of Title NA 64B/747 comprising of 5008m².

8.       At its business meeting of 25 November 2020, the Whau Local Board approved the classification of both parcels of land, resolution WH/2020/141. Lot 26 is a classified local purpose (esplanade) reserve with Lot 27 being held as a classified recreation reserve. Both Lots are held in fee simple by Auckland Council.

9.       The proposed lease footprint covers three distinct areas as defined on the site plan (Attachment A). Area A covers the West End Rowing Club’s existing building footprint. Additional proposed lease areas of the adjacent open space are marked as Area B and C on Attachment A. All these areas are located partially on the recreation reserve and to a lesser degree over the local purpose (esplanade) reserve. The lease for Area A would be for exclusive use as per the terms of the standard Auckland Council community lease. However, Areas B and C would only be leased subject to the public rights of pedestrian access to be able to pass and repass over the reserve’s open space and preserve their access to the coastal marine area. The lease for these areas would further restrict the club in so far as they would not have the right to fence areas B and C or place permanent or semi-permanent structures onsite. Any structures or temporary storage facilities would require approval by the Council. The proposed lease would be granted under section 54(1)(b) as well as section 61(2A) of the Reserves Act 1977 to cover the leasing requirements of both classifications.

10.     Prior to granting a lease, where there is no approved reserve management plan for a recreation reserve, Auckland Council is required to engage with local iwi and publicly notify its intention to grant a new community lease.

11.     Engagement with iwi is outlined in paragraph 39. No objections were received.

12.     Granting a recreation reserve lease requires the consent of the Minister of Conservation. Where a hearing of submissions has occurred on a notified lease grant, the Local Board is required under s 120(1)(e) to provide the Minister with its recommendation, a summary of all objections and comments received by it and a statement as to the extent to which they have been allowed or accepted or disallowed or not accepted.

13.     The Local Board may exercise its powers to grant the lease and licence in its allocated decision-making role as administering body of the recreation and local purpose reserve where they consider the grant is in accordance with its s 40 powers to ensure the use, enjoyment, development, maintenance, protection, and preservation, as the case may require, of the reserve for the purpose for which it is classified. Additionally, in the case of the local purpose (esplanade) reserve, for a lease or licence grant under s 61(2A) the administering body must consider the lease grant necessary or desirable for the proper and beneficial management, administration, and control of the reserve and for the use of the reserve for the purpose specified in its classification.

West End Rowing Club Incorporated

14.     The West End Rowing Club Incorporated has a community lease over part of the reserve entered into with the former Auckland City Council. The lease commenced on 19 August 2003 and expired on 18 August 2018. Since expiry, the lease has been operating under a periodic tenancy on a month-by-month basis.

15.     Groups that own their own building have an automatic right to re-apply at the end of their occupancy term for a new lease as specified in the Auckland Council Community Occupancy Guidelines 2012.

16.     The rowing club was registered as an Incorporated Society on 24 September 1983.  Its objectives are to:

a)   participate in the sport of rowing

b)   foster and encourage excellence in the sport of rowing.

17.     The rowing club was established in 1884 and based in a building set into the cliffs of St Mary’s Bay.  The demand of urban sprawl, motorway extensions and expansion of Westhaven Marina has seen the club relocate its base on three occasions since being established.  The three relocations were:

a)   from the cliffs of St Mary’s Bay to the edge of the motorway at Westhaven Marina

b)   from the edge of the motorway at Westhaven Marina to a position further down the marina

c)   from the marina to its current location at Saunders Reserve.

18.     The rowing club has a competitive membership of more 330 athletes with half of those in the youth age range of 14-21 years. This membership comprises of rowers from three affiliate schools: Baradene College of the Sacred Heart (Catholic high school for girls Year 7-Year 13), Saint Peter’s College (Catholic secondary school for boys Year 7-Year 13) and Mount Albert Grammar School (state co-educational secondary school Year 9-Year 13), Master’s men and women, and club squads of men and women. Three scholarships a year provided by the club to the three schools to enable aspiring rowers from less advantaged families the opportunity to participate in the sport.

19.     The rowing club runs an annual six week learn to row programme that is open to all to apply to attend.

20.     The rowing club has produced top athletes that have gone on to represent the club at the New Zealand Nationals Championships and New Zealand at World Championships, Commonwealth and Olympic Games and the former Empire Games. Several younger athletes are training and attending junior international regattas.

21.     The rowing club encourages and supports adaptive rowers, individuals with a physical disability where the racing skiff is adapted to suit needs and non-active members who are former competitive oarsmen and women who wish to stay engaged with the club.

22.     The pontoon and ramp at Saunders Reserve were built by the rowing club. The rowing club operates these facilities under a coastal permit granted in 1998 by the former Auckland Regional Council that expires on 28 October 2033. Both these facilities, together with the council funded paved areas, greatly enhance the public’s access to the Whau River.

23.     The clubhouse and surrounding area are well presented and maintained. The club has adopted an Environmental Policy that has placed a ban on single use plastic drink bottle use by club members. Each club member has been provided with a reusable bottle. Over the last few years, the club has converted all its safety/coach boats from 2 stroke to the new 4 stroke technology outboards which have reduced emissions and lower fuel consumption. The safety/coach boats are regularly serviced to ensure no fuel is spilled into the waterway. The club regularly participates in the cleanup of the Whau River and reports major incidents to Auckland Council.

24.     When not being used by the rowing club, the club makes available to the public the clubrooms as a bookable venue to hold private events.

25.     The activities of the club align with the land classification status of the land parcels that make up Saunders Reserve.

26.     The proposed new community lease to the club does not introduce any new activity, extend the footprint of the building, or extend the footprint of the pedestrian access only areas over the reserve that have been in place since the lease commenced in 2003.

Proposed new lease and public notification

27.     At its business meeting of 24 February 2021, the Whau Local Board approved under resolution WH/2021/5 (Attachment B):

a)           the public notification of Auckland Council’s intention to grant a lease West End Rowing Club Incorporated for part of Saunders Reserve, 26 Saunders Place, Avondale

b)           to hear and consider any submissions or objections received with respect to the intention to grant a lease.

28.     Public notification of the intention to lease was published on the Auckland Council website and in the Western Leader newspaper on 11 March 2021. The submission period closed on 14 April 2021 at 11.59pm.

Submission and objections

29.     Following the public notification process, five objections to the proposal to lease were received along with one in support.

30.     The objections and submission in support received are outlined below.

Submitter

Objects or supports the

proposal

Attachment

Steve Bradley

Object to the proposal and wishes

to be heard in person

C

Jenny Pullar

Objects to the proposal and

wishes to be heard in person

D

Robin Brehmer

Objects to the proposal and

wishes to be heard in person

E

Freya Brehmer-Hine

Objects to the proposal and

wishes to be heard on the papers

F

Anonymous

Objects to the proposal and

wishes to be heard on the papers

G

West End Rowing Club

Incorporated

Supports the proposal and wishes

to be heard in person

H

 

31.     Some of the key issues raised by the submitters and staff advice is below:

Key issues raised by the submitters

Staff response

Loss of public access and open green

space

All existing access rights by the public to the

Whau River and the reserve will be retained

including access to the Kurt Brehmer Walkway

Environmental protection will be reduced

No portion of the existing vegetation will be

altered or removed by the grant of the lease.

Location of the rowing club does not

comply with the Reserves Act 1977

The proposed lease Area A covers the existing footprint of the Rowing Club’s building. The building sits predominantly on recreation reserve with a small portion located on the local purpose esplanade reserve. There is no prohibition in the Reserves Act on buildings being located on either of these reserve classifications.

 

A relevant restriction found in the Reserves Act is that a lease must not impede the public’s ability to pass on foot across the esplanade reserve. The proposed lease complies with this requirement as it would preserve the public’s right of access to the esplanade area and ensures public pedestrian access around and across the esplanade reserve.

Reserve status retained over Saunders

Reserve

Classification of the land parcel took place in

November 2020.  Auckland Council is

responsible for administering the reserve in

terms of the Reserve Act 1977.

Commercial activity

Where fundraising activities can support a

voluntary organisation and the community

outcomes as contained in the community

lease then there is no prohibition relating to

community lessees’ fundraising activities

under the Reserves Act. It will be a question

whether the activity is appropriate, including in

 terms of the scale, duration, and frequency.

Accordingly, occasional hireage of a not- for-

profit community lessee’s building as ancillary

income is contemplated within and managed

under the Council’s community lease.

 

Tauākī whakaaweawe āhuarangi

Climate impact statement

32.     There is no impact on greenhouse gas emissions as the proposal does not introduce any new source of emissions.

Ngā whakaaweawe me ngā tirohanga a te rōpū Kaunihera

Council group impacts and views

33.     Staff from the Community Empowerment Unit, Parks Sports and Recreation, and Area Operations were consulted and support a new community lease to the rowing club.

34.     The proposed new community lease has no identified impacts on other parts of the council group. The views of other council-controlled organisations were not required for the preparation of this report’s advice.

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

Local impacts and local board views

35.     Council staff sought the views of the local board regarding a new community lease at a workshop on 2 December 2020.

36.     A visit to the site to view the facilities and meet with representatives of the rowing club was attended by some board members on 8 December 2020.

37.     The Whau Local Board will be presented with the findings and recommendations of the Hearings Panel.

Tauākī whakaaweawe Māori

Māori impact statement

38.     Auckland Council is committed to meeting its responsibilities under Te Tiriti o Waitangi and its broader legal obligations to Māori.

39.     Engagement with mana whēnua on the proposal was undertaken as follows:

a)   Engagement with iwi identified as having an interest in the land was undertaken from December 2017 through to March 2018.

b)   Further engagement occurred by email on 24 September 2020 regarding the classification of the land and the club’s wish to continuing occupying and leasing part of the reserve. No objections were received.

c)   Staff met with a Kaitiaki representative from Te Kawerau ā Maki on 16 September 2020 to discuss a number of leasing projects including the classification of Saunders Reserve that has since been resolved on, and the proposal for a new community lease. No objection was received.

40.     The recommendation from the Hearings Panel will have no direct impact on Māori.

Ngā ritenga ā-pūtea

Financial implications

41.     The cost of public notification of council’s intention to grant a new community lease to West End Rowing Club was borne by Community Facilities.

42.     The costs associated with the Hearings Panel hearing and considering the objections and submission received and making a recommendation on the proposed new community lease will be borne by Local Board Services.

Ngā raru tūpono me ngā whakamaurutanga

Risks and mitigations

43.     Should the Whau Local Board resolve not to grant a new community lease to West End Rowing Club Incorporated this decision will materially affect the club’s ability to source funding, maintain its assets and undertake its core activities.

Ngā koringa ā-muri

Next steps

44.     Staff will report the recommendations of the Whau Local Board Hearings Panel to the Whau Local Board.

 

Ngā tāpirihanga

Attachments

No.

Title

Page

a

Site Plan for West End Rowing Club Incorporated, Saunders Reserve, 26 Saunders Place, Avondale

17

b

Whau Local Board Resolution WH/2021/5 dated 24 February 2021

19

c

Submission received from Steve Bradley on 13 March 2021

21

d

Submission received from Jenny Pullar on 14 April 2021

23

e

Submission received from Robin Brehmer on 14 April 2021

53

f

Submission received from Freya Brehmer-Hine on 13 April 2021

57

g

Submission received on 12 March 2021 from a submitter who wishes to remain anonymous

59

h

Submission received from West End Rowing Club Incorporated on 13 April 2021

61

Ngā kaihaina

Signatories

Author

Donna Cooper - Community Lease Advisor

Authorisers

Adam Milina - Local Area Manager

Taryn Crewe - General Manager Community Facilities

 


Whau Local Board

30 June 2021

 

 

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30 June 2021

 

 

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